Terms and Conditions

Last updated: November 10, 2025 (Version 2.0)

Please read these terms and conditions carefully before using our service.

1. Introduction

1.1 Service Overview

NovaTrend (“Provider”, “we”, “us”) provides automated trading software (“Software”) that executes Bitcoin inverse perpetual contract trades on third-party cryptocurrency exchanges based on a fixed algorithmic strategy.

The Software operates exclusively on our servers. Clients have no direct access to the Software interface, code, or systems. Information about the Software is available through our website https://novatrend.io (“Site”).

The Software requires Client-provided API keys (trade-only, non-withdrawal) to execute orders. Clients retain full custody and control of their assets at all times.

The term “Client” or “you” refers to anyone who accesses or uses the Software.

1.2 Regulatory Status

Important: NovaTrend does not offer investment services, investment advice, portfolio management, brokerage, or any regulated financial services under MiFID II, MiCA, or Dutch/EU law.

The Software is provided as a technical automation tool on a strictly private, limited basis and is not offered to the general public.

The Provider does not act as agent, broker, custodian, intermediary, or representative of the Client.

1.3 Governing Documents

These Terms of Use, our Privacy Policy (https://novatrend.io/privacy), and your individual License Agreement govern your access to and use of the Software and constitute the entire and binding agreement between you and us.

1.4 Acceptance

By using the Software, you confirm that:

  • You have read and understood these Terms of Use
  • You agree to be bound by these Terms of Use as they appear on each applicable date you use the Software
  • You assume all obligations set forth herein
  • You are of sufficient legal age (18+) and capacity to use the Software
  • You are not under the jurisdiction of any entity that expressly prohibits the use of similar Software
  • You use the Software at your own discretion and responsibility
  • You meet the minimum investment threshold specified in Section 3.2

2. Nature of the Service

2.1 Software Description

The Software operates on Bybit and Bitmex exchanges and is provided to individuals and entities with existing exchange accounts for their own use.

Key Characteristics:

  • Software runs exclusively on Provider’s servers
  • Client has no direct access to the Software interface, code, or systems
  • Client monitors trading activity solely through their exchange account
  • All trading decisions follow a fixed algorithmic strategy determined solely by the Provider
  • The same algorithm and parameters apply to all users identically

2.2 Uniform Strategy Model

To clarify the non-advisory nature of the Software:

  • The Provider offers one single, fixed, non-customizable trading strategy
  • This strategy is applied identically to all users, without modification for individual clients
  • The Provider does NOT take into account:
    • the Client’s financial situation
    • the Client’s objectives
    • the Client’s risk profile
    • suitability or appropriateness considerations
  • The service is not tailored to the Client in any way
  • No personalized decisions or recommendations are made
  • The Client understands this is not investment advice or portfolio management

2.3 No Client Access or Control

The Client acknowledges and accepts that:

  • They have no access to the Software interface, code, or systems
  • They cannot modify, pause, or control trades in real-time
  • They can only request pause/stop via email, which will be processed within 3 business days
  • All monitoring of trading activity must be done through their exchange account
  • The Provider is not responsible for delays in processing pause/stop requests or trades executed during the processing period

2.4 Exchange Support

The Software currently supports Bybit and Bitmex exchanges.

The Provider may add or remove exchange support due to technical limitations, exchange policy changes, or API restrictions. The Provider will provide reasonable advance notice to Clients when possible.

The Provider is not responsible if an exchange:

  • Restricts or blocks API access
  • Changes API terms or functionality
  • Experiences outages or technical issues
  • Prohibits automated trading
  • Implements new KYC/AML requirements affecting the Client

3. Registration and Eligibility

3.1 Authority

If you are accepting these Terms of Use on behalf of a legal entity, you declare that you have the authority to bind such entity to these Terms of Use. If you do not have such authorization, you may not access or use the Software.

3.2 Minimum Investment Threshold

Access to the Software requires a minimum investment capacity of €10,000 (or equivalent in Bitcoin) in the Client’s exchange account. This threshold ensures the Software is used by clients with sufficient capital and experience for automated trading.

Before registration, you are responsible for ensuring that the use of the Software in your jurisdiction is permitted by applicable law. If such use is not permitted, you may not access or use the Software.

3.4 Client Representations

The Client represents and warrants that:

  • They are at least 18 years old and have legal capacity to enter this Agreement
  • They are not located in a jurisdiction where cryptocurrency trading or automated trading is prohibited
  • They will comply with all applicable laws, including tax, AML, and KYC requirements
  • They are not using the Software for money laundering, fraud, or any illegal activities
  • They understand the risks of cryptocurrency trading and accept full responsibility for trading outcomes
  • They meet the minimum investment threshold of €10,000 or equivalent

3.5 Know Your Customer (KYC) and Anti-Money Laundering (AML)

The Provider does not directly handle client funds or cryptocurrency assets. All trading occurs on third-party exchanges (Bybit, Bitmex) that maintain their own KYC/AML procedures.

By using the Software, the Client confirms that:

  • They have completed KYC verification with their exchange(s)
  • They comply with all applicable AML regulations in their jurisdiction
  • Their exchange account has not been suspended or restricted

The Provider reserves the right to request proof of exchange account verification and may terminate service if the Client’s exchange account is suspended or closed for KYC/AML violations.

4. Fees and Licensing

4.1 License Options

The Software is available under:

  • Annual subscription license
  • Lifetime license

Specific fees, payment terms, refund policies, and continuity guarantees are detailed in the individual License Agreement signed by the Client.

4.2 Payment

Fees are payable in Bitcoin (BTC) or other cryptocurrency as specified in the License Agreement. All payments are processed according to the terms in the individual License Agreement.

Payments are generally final and non-refundable except as explicitly stated in the individual License Agreement.

4.3 Service Continuity

In the event the Provider permanently discontinues the Software, refund eligibility and amounts are specified in the individual License Agreement.

Refunds, if applicable, are calculated based on the EUR value of the license fee at the time of payment, not the current value of cryptocurrency.

5. API Keys and Security

5.1 Client Responsibilities

  • Client must configure API keys as “trade-only” with withdrawal permissions disabled
  • Client remains responsible for API key security and proper configuration
  • Client must immediately revoke API keys if unauthorized access is suspected
  • Client is fully responsible for exchange-side security and access control

5.2 Provider Obligations

  • API keys are stored using industry-standard encryption (AES-256 or equivalent)
  • API keys are used solely for executing trading orders as configured by the Software
  • API keys are never shared with third parties
  • The Provider does not share, sell, or use API keys for any other purpose

5.3 Security and Termination

  • The Client may revoke API keys at any time, which will immediately pause the Software
  • Upon termination of the License Agreement, the Provider will delete API keys within 30 days
  • The Provider is not responsible for misconfigured, expired, stolen, or compromised API keys

5.4 Security Breach Notification

In the event of a security breach affecting API keys, the Provider will notify affected Clients within 72 hours via email.

6. Risk Disclosure and Disclaimers

6.1 No Management of Client Assets

The Provider does not manage, control, or have access to Client funds. The Client is solely responsible for managing their assets, including all trading decisions executed by the Software according to the uniform strategy.

6.2 No Financial or Investment Advice

The Provider provides Software tools but does not offer financial, investment, or trading advice. The uniform algorithmic strategy is informational and does not constitute financial advice, portfolio management, or personalized recommendations.

6.3 Assumption of Risk

The Client acknowledges that cryptocurrency trading involves substantial risk, including but not limited to:

  • Market volatility and price fluctuations - Crypto markets are highly volatile
  • Leverage and liquidation risk - Inverse perpetual contracts involve leverage and can result in losses exceeding initial capital
  • Funding rate costs - Perpetual contracts incur funding rates that accumulate over time
  • Complexity - Inverse contracts have complex profit/loss mechanics
  • Technical failures - Including third-party exchange outages or API issues
  • Unauthorized access - Due to Client mismanagement of credentials
  • Incorrect configurations - User errors leading to unintended trades
  • Incorrect permission settings - On the user’s API keys
  • Regulatory or legal changes - Impacting trading activities
  • Exchange restrictions - Exchanges may limit or prohibit automated trading
  • Potential for significant losses - Including the possibility of losing your entire investment

The Client assumes full responsibility for any risks associated with using the Software.

Past results do not guarantee future performance. Automated trading does not eliminate market risk, volatility, or the possibility of losses.

6.4 Disclaimer of Warranties

The Software is provided “AS IS” and “AS AVAILABLE”, without warranty of any kind.

The Provider makes no warranties or representations regarding:

  • Profit or positive returns - No guarantee of trading success
  • Accuracy or reliability - Software may contain errors or inaccuracies
  • Uninterrupted availability - Service may experience downtime
  • Error-free operation - Software may contain bugs or defects
  • Compatibility - Future exchange API changes may affect functionality
  • Trading outcomes - No guarantee regarding any trading results

The Provider does not warrant that the Software will be error-free or bug-free.

Software development is inherently complex, and despite reasonable efforts:

  • Bugs, errors, and defects may exist in the Software
  • Updates and changes may introduce new bugs
  • Third-party dependencies (exchanges, APIs, networks) may cause unexpected behavior
  • Edge cases and unusual market conditions may reveal unforeseen issues

The Client acknowledges that:

  • Perfect software is impossible to achieve
  • Bugs may cause unexpected trading behavior
  • The Provider will make reasonable efforts to fix reported bugs but makes no guarantee of bug-free operation
  • The Client uses the Software at their own risk despite potential bugs

To the fullest extent permitted by law, the Provider disclaims all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and title.

6.5 Limitation of Liability

To the fullest extent permitted by law, the Provider is not liable for any financial losses incurred due to:

  • Market conditions or trading outcomes
  • Technical disruptions, including but not limited to exchange downtime or cyber-attacks
  • Third-party failures or issues beyond Provider’s control
  • Client negligence, including misconfigured settings or improper account security
  • Any modifications, discontinuations, or updates to the Software
  • Software bugs or defects
  • Force majeure events (war, terrorism, natural disasters, government actions, regulatory changes, exchange shutdowns, network failures)

Liability Cap: The Provider’s maximum aggregate liability under this Agreement is capped at 20% of the EUR value of the license fee at the time of payment.

Example: If the Client paid 0.1 BTC when BTC = €80,000 (license fee: €8,000), the maximum liability is €1,600.

This limitation does not apply to liability that cannot be excluded under Dutch law, including liability for death or personal injury caused by gross negligence or willful misconduct.

The Provider does not act as an investment advisor, fiduciary, or agent for any Client. The Client acknowledges that the Provider has no obligation to provide trading guidance, risk assessments, or portfolio management services.

If changes in law prohibit the Provider from operating in the Client’s jurisdiction, the Provider reserves the right to terminate service with or without notice. Refunds, if any, will be determined according to the individual License Agreement.

The Provider will endeavor to provide reasonable notice to the Client in the event that changes in law prohibit the Provider from operating in the Client’s jurisdiction; however, if such notice cannot reasonably be provided, the Provider shall not be liable for a failure to provide said notice.

7. Intellectual Property

7.1 Ownership

The Software, Site, and all associated intellectual property, including algorithms, code, trademarks, and copyrights, are owned exclusively by the Provider.

7.2 License Grant

The Client is granted a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software strictly according to the terms of their individual License Agreement.

The Client may not:

  • Share their license or account access with third parties
  • Attempt to access, reverse engineer, or replicate the Provider’s servers or systems
  • Use the Software for any purpose other than personal trading
  • Claim, register, or assert any intellectual property rights over the Software

No access to the source code is provided or permitted.

8. Tax and Regulatory Compliance

8.1 Client Responsibilities

The Client is solely responsible for:

  • Reporting all trading profits and losses to applicable tax authorities
  • Complying with all tax laws in their jurisdiction
  • Meeting any regulatory or licensing requirements for cryptocurrency trading
  • Maintaining records for tax and regulatory purposes

8.2 No Tax or Regulatory Advice

The Provider does not provide tax advice, tax reporting services, or regulatory guidance.

The Provider may provide raw trade history data upon request to assist with record-keeping, but the Client is responsible for accurate tax calculations and filings.

9. Software Availability and Modifications

9.1 Availability

We strive to maintain a high level of service availability and will use commercially reasonable efforts to minimize downtime. However, we do not guarantee uninterrupted access to the Software.

Scheduled maintenance, system updates, exchange API changes, and unforeseen technical issues may result in temporary service interruptions. We will provide reasonable notice for planned maintenance whenever possible.

9.2 Modifications and Updates

The Provider may update, modify, or improve the Software at any time without prior notice.

The Provider will notify the Client of material changes to the trading strategy or supported exchanges with reasonable notice.

The Software may be modified, updated, or discontinued at the Provider’s discretion, subject to the terms of the individual License Agreement.

10. Termination and Suspension

10.1 Termination by Client

Clients may terminate their use of the Software at any time by discontinuing access and revoking API keys. Refunds, if any, will be determined according to the individual License Agreement.

10.2 Termination by Provider

The Provider may terminate or suspend access to the Software immediately without notice if the Client:

  • Violates these Terms of Use
  • Breaches API key security requirements
  • Attempts to reverse engineer, copy, or replicate the Provider’s servers or systems
  • Engages in illegal or unauthorized use of the Software
  • Engages in suspected fraudulent activity
  • Violates the terms of their individual License Agreement

The Provider may terminate this Agreement with reasonable notice for operational reasons, subject to refund terms in the individual License Agreement.

10.3 Effect of Termination

Upon termination, the Client’s license to use the Software will be revoked immediately, and the Provider will delete API keys within 30 days.

Clients may appeal a termination decision by contacting us via email within 3 days of the termination notice.

11. Data Protection and Privacy

11.1 Privacy Commitment

The Provider is committed to protecting the privacy of its Clients. Our data collection and processing practices are detailed in our Privacy Policy at https://novatrend.io/privacy.

11.2 Privacy Policy

The Privacy Policy explains how we collect, use, and safeguard your personal data, including:

  • Information about data retention
  • Your rights regarding your data
  • Cookie usage and tracking
  • Third-party data sharing

Please review the Privacy Policy carefully.

11.3 GDPR Compliance

The Provider complies with the General Data Protection Regulation (GDPR) and Dutch data protection law. For questions about your data rights, please contact us via email.

12. Governing Law and Dispute Resolution

12.1 Applicable Law

This Agreement is governed by and construed in accordance with the laws of the Netherlands, excluding its conflict of law provisions.

12.2 Dispute Resolution Process

Step 1: Good-Faith Negotiation (30 days)
The Parties agree to first attempt good-faith negotiation for 30 days to resolve any disputes.

Step 2: Mediation (60 days)
If negotiation fails, the Parties agree to submit the dispute to mediation under the rules of the Netherlands Mediation Institute (NMI) or a mutually agreed mediator. Mediation shall be conducted in the Netherlands.

Step 3: Arbitration (Binding)
If mediation fails to resolve the dispute within 60 days, disputes shall be resolved through binding arbitration under the rules of the Netherlands Arbitration Institute (NAI), with the arbitration seat in the Netherlands.

  • Arbitration shall be conducted in English or Dutch, at the Provider’s discretion
  • Arbitration decisions are final and binding
  • The Parties waive their right to court proceedings, except for enforcement of arbitration awards

Step 4: Court (Fallback)
If arbitration is unavailable or unenforceable, disputes shall be resolved in the competent court of Rotterdam, the Netherlands.

12.3 Class Action Waiver

All claims must be brought on an individual basis. Clients waive their right to file or participate in any class action lawsuit against the Provider.

12.4 Consumer Rights (Dutch Clients)

For Clients who are consumers under Dutch law:

  • These Terms do not affect your statutory rights under Dutch consumer protection law
  • The limitation of liability in Section 6.5 does not apply to damages caused by gross negligence or willful misconduct by the Provider
  • Any unfair contract terms under Dutch law shall be deemed void

13. General Provisions

13.1 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

13.2 Entire Agreement

This Agreement, together with the Privacy Policy and individual License Agreement, constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, and communications.

13.3 Amendments

The Provider may update these Terms of Use from time to time. Any changes will be posted on this page with a revised date. Material changes will be communicated to Clients with reasonable notice.

By continuing to use the Software after changes take effect, you agree to be bound by the revised Terms.

13.4 No Waiver

The Provider’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.5 Assignment

The Client may not assign or transfer these Terms or their license to use the Software without the Provider’s prior written consent. The Provider may assign these Terms without restriction.

14. Contact Information

For questions, support, or concerns regarding these Terms of Use or the Software, please contact us:

Email: support@novatrend.io
Website: https://novatrend.io

15. Acknowledgment

By using the Software, you acknowledge that:

  1. You have read and understood these Terms of Use in their entirety
  2. You understand the Software provides a uniform, non-personalized algorithmic trading strategy
  3. You understand this is not investment advice or portfolio management
  4. You accept all risks associated with cryptocurrency trading
  5. You meet the minimum investment threshold requirement
  6. You understand the Software is provided on a private, limited distribution basis
  7. You agree to be bound by these Terms and your individual License Agreement

Version 2.0