Trading Terms

OUR RELATIONSHIP

In these Trading Terms, holders of a Quantia Account, including owners, employees, agents and affiliates of any business, corporation, partnership or other entity that is, or is considering becoming, an account holder are sometimes referred to as “you” or “your.” Quantia Trading SAS is your counterparty when you conduct trading activity. Quantia Trading SAS is referred to as “Quantia”, “we,” “us” or “our” in these Trading Terms. Together, you and we may be collectively referred to as “Parties.”

ACCEPTANCE OF TERMS

By conducting any trading activity, you agree that the terms and conditions contained in these Trading Terms will govern such activity, as modified from time to time. We reserve the right to update these Trading Terms at any time, and may notify you of such changes via the Website or by email at the address specified on your account application for your Quantia Account, but we have no obligation to notify you of every update.

Trading

1. Any trading activity is self-directed. That means that you are responsible for all purchase and sell orders, decisions to implement or maintain an investment strategy, decisions to hold or sell crypto and selection of the type of crypto to hold or sell. You agree that any investment decision you make does not rely on any advice from Quantia or any of its affiliates and is at your own risk. You must determine the suitability of any trade, investment, investment strategy, and risk associated with your trading activity.
2. We publish market prices for eligible crypto as we receive them from unrelated third-party sources. That market price will be displayed on our Online Platform but will not be a price at which you can trade. Our Online Platform may not reflect the best price in active trading markets. The current prices at which you can trade include a spread (above or below) the market prices sourced from third-parties. Any such spread may change from time to time based on market conditions and may be different for different types of eligible crypto. You and Quantia  will be entering into any trade or transaction on a principal, not an agency, basis.
3. You agree that Quantia may accept or refuse any order, or delay placing any order, if Quantia determines that it is necessary or appropriate to do so. Additionally, you may suffer market losses during periods of volatility in the price and volume of eligible crypto, particularly when system issues result in the inability to buy or sell eligible crypto. You agree that you will not hold Quantia responsible for any losses caused by such refusal or delay or such inability to transact.
4. Trading activity will not be permitted in any jurisdiction or country where Quantia Accounts are not available. It is possible that trading activity may be prohibited in jurisdictions or countries even if a Quantia Account is available. Due to the dynamic nature of regulatory requirements and interpretations in the cryptocurrency market, we reserve the right to update the list of prohibited jurisdictions and reject trading activity where we determine it is appropriate to do so in our sole and absolute discretion.

Taxes

1. You will be able to see a record of the transactions related to your trading activity as set forth in the Quantia Custodial Account and Staking Terms. You may wish to use such records for the purposes of making any required tax filings or payments. It is your responsibility to determine what, if any, taxes apply to any gains or losses or to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority.
2. You are responsible for complying with all applicable law. You agree that neither Quantia nor any of its affiliates is responsible for determining whether or which laws may apply to your transactions, including tax law. You are solely responsible for paying any taxes arising from your trading activity and filing any reports that you are required to file.

General Rules governing Trading Terms

1. All of our actions relating to your trading activity will be governed by the laws and regulations of the Uruguay and, to the extent not preempted, the laws and regulations of Uruguay. Any lawsuit regarding your trading activity must be brought in a proper court in this jurisdiction. If any part of these Trading Terms is determined to be invalid or unenforceable, such determination will not affect the remainder of these Trading Terms.
2. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
3. These Trading Terms and the relationship created hereby do not create a fiduciary relationship between us.
4. We may follow instructions regarding your trading activity if we reasonably believe that you have authorized the instructions.
5. We will make statements for your trading activity available to you by email and/or online at quantia.io. All of your accounts and (in our discretion) those of any of your affiliates may be combined into one statement.
6. We will make available (by email and/or online at quantia.io) to you a periodic statement showing the activity on your account and containing information sufficient to allow you to reasonably identify transactions. You must examine the statement and notify us of any unauthorized use or any error or irregularity on the statement within 30 calendar days after the statement is sent or made available to you. If notice is not received within the 30-calendar day period, then we will have no liability to you and any losses will be entirely yours.
7. We may record and monitor our telephone conversations with you and your electronic communications with us (chat, e-mail and other forms of electronic exchange). Unless the law requires otherwise, you consent in advance to such recording and monitoring and we do not need to remind you of these activities.
8. For purposes of these Trading Terms, our business days are Monday through Friday. Saturdays, Sundays and all holidays are not included.
9. We reserve the right to limit access to your accounts, which can include temporarily or permanently removing your online access, restricting your trading activity without prior notice to you unless prior notice is required by law. We do not bear liability for such actions.

Indemnification and Limitation of Liability; Attorney’s Fees and Costs for Lawsuits

1. You will indemnify and hold us and our affiliates harmless from any losses, damages, suits and expenses, of whatever kind, including reasonable attorneys’ fees, which we may incur in connection with or arising out of your trading activity, your violation of any law, regulation, order or other legal mandate, or the rights of a third party, or any act or omission by your agent, representative or third-party service provider while conducting trading activity, regardless of whether the specific use was expressly authorized by you.
2. We are not liable to you for claims, costs, losses or damages caused by an event that is beyond our reasonable control (e.g., the acts or omissions of third parties, natural disaster, emergency conditions, disease epidemics/pandemics such as Covid-19, government action, equipment or communications malfunction).
3. We are not liable for special, incidental, exemplary, punitive or consequential losses or damages of any kind.
4. Except for any setoff permitted by applicable law, any amounts owed or liabilities incurred by pursuant to trading activity (“Obligations”) may be satisfied solely from the assets of Quantia. Without limiting the generality of the foregoing, in no event shall you have any recourse, whether by setoff or otherwise, with respect to any amounts owed or liabilities incurred, to or against any assets of any person or entity other than Quantia for Obligations, including, without limitation, any member, affiliate, investor, employee, officer, agent or advisor of Quantia. For the avoidance of doubt, the foregoing shall not limit any setoff permitted by applicable law.
5. Our liability to you for a claim is limited to the face value of the item or transaction, or the actual value of any funds not properly credited or debited.

Risk Disclosure

1. Supported digital assets purchased by you pursuant to trading activity and transactions with Quantia will be settled and delivered (which may be done by book-entry) into your Quantia Account. We may pledge, repledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer or use funds and cryptocurrency assets to counterparties, and such cryptocurrency assets will be exposed to various risks, including the credit risk that Quantia will be unable to return such assets to you, as a result of such transactions. Cryptocurrency is not legal tender, and is not backed by the government. Accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of cryptocurrency.
2. Transactions in cryptocurrency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some cryptocurrency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction. The value of cryptocurrency may be derived from the continued willingness of market participants to exchange government-issued currency for cryptocurrency, which may result in the potential for permanent and total loss of value of a particular cryptocurrency should the market for that cryptocurrency disappear.
3. There is no assurance that a person who accepts a cryptocurrency as payment today will continue to do so in the future. The volatility and unpredictability of the price of cryptocurrency relative to government-issued currency may result in significant loss over a short period of time. The nature of cryptocurrency may lead to an increased risk of fraud or cyber-attack, including rollback attacks or blockchain reorganizations. The nature of cryptocurrency means that any technological difficulties experienced by Quantia may prevent the access or use of a customer’s cryptocurrency. Any bond or trust account maintained by Quantia for the benefit of its customers may not be sufficient to cover all losses incurred by customers. In light of these risks, you should carefully consider whether holding cryptocurrency in a Quantia Account is suitable.
4. Quantia may settle any trading activity through book-entry. At any given time, there is no assurance that all purchased digital assets will be held in your Quantia Account. Therefore, you are subject to our credit risk. Your right to receive purchased digital assets will not be secured by any property nor insured by any insurance. Your right to receive purchased digital assets will be subordinated to any of our secured debt and rank equally with any of our other debt obligations. This means that, in a bankruptcy or liquidation proceeding against us, your right to receive digital assets in your Quantia Account would rank equally in right of payment with all our other unsecured and unsubordinated debt. In such an event, you may lose the entire value of your Quantia Account.

Fraud

Fraudulent activity, including any attempt to conduct trading activity with insufficient cryptocurrency assets is strictly prohibited and may result in the prohibition of trading activity or the closure of your Quantia Account. Fraudulent activity includes any attempt to take advantage of errors on the Quantia Website, systems, applications, or technology platforms. Any errors identified should be flagged to [e-mail] for appropriate compensation, where applicable.

QUANTIA TRADING SAS IS AN ENTITY INCORPORATED IN URUGUAY THAT OPERATES EXCLUSIVELY WITH CRYPTOCURRENCIES AND DOES NOT CARRY OUT TRANSACTIONS OF ANY KIND WITH FIAT CURRENCIES ISSUED BY CENTRAL BANKS. CRYPTOCURRENCIES HAVE HIGH VOLATILITY. USERS FULLY ASSUME THE RISK INVOLVED IN TRANSACTING WITH SUCH ASSETS. QUANTIA DOES NOT PROVIDE ANY FINANCIAL, LEGAL OR TAX ADVICE, NOR SHOULD THIS WEBSITE BE VIEWED AS AN OFFER OR INDUCEMENT TO MAKE ANY FINANCIAL DECISIONS.