1. Ownership, Limited License to Use the Service
Unlisted grants you a limited, nonexclusive license to display and otherwise use portions of the Service solely for your own private, non-commercial, informational purposes only, and to print pages from the Service only in connection with that use. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Service without prior express written permission from Unlisted which may be withheld for any or no reason.
2. Password-Protected Areas
Portions of the Service which are password-protected may be accessed only by users who have been issued accounts by Unlisted. No one may obtain or attempt to obtain unauthorized access to such parts of the Service, or to any other protected materials or information, through any means not intentionally made available by Unlisted for your specific use. Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal and/or civil prosecution.
3. Fees and Changes
The services of Unlisted Project Pty Ltd and Unlisted Project LLC are billed at startup (“Startup Fee”) and on a per-trade basis based on trading profits (“Profitable Trade Fee”). A valid payment method is required to process the payment for your Startup Fee and Profitable Trade Fees. You shall provide Unlisted with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you authorize Unlisted to charge such fees incurred through your account to any such payment instruments.
After a profitable trade, Unlisted will set aside the Profitable Trade Fee as cash in your Kraken account. Unlisted will send an electronic invoice for the Profitable Trade Fee to be paid using a valid payment method as provided in such invoice.
Unlisted Project Pty Ltd and Unlisted Project LLC, in their absolute discretion, and at any time, may modify the Profitable Trade Fee. Unlisted will provide you with reasonable prior notice of any change in the Profitable Trade Fee to give you an opportunity to terminate your account. Your continued use of the Service after the Profitable Trade Fee change comes into eﬀect constitutes your agreement to pay the modiﬁed Profitable Trade Fee amount.
Except when required by law, paid Startup Fees and Profitable Trade Fees are non-refundable.
Unlisted requires you to open an account with Kraken (a “Kraken Account”) and authorize Unlisted to execute trades in your Kraken Account. In creating your Kraken Account, Unlisted prohibits you from giving Unlisted permission to withdraw funds directly from your Kraken Account. Providing such permission to Unlisted in your Kraken Account may result in the immediate termination or suspension of your account in accordance with Section 5 below.
You acknowledge that by using the Service and creating a Kraken Account, Unlisted will execute trades automatically in your Kraken Account. You also acknowledge that the Kraken Account shall be established for the sole purpose of utilizing the Service, and Unlisted is not responsible for any adverse effects caused by transactions in the Kraken Account initiated by someone other than Unlisted.
You further acknowledge that (i) Unlisted may cancel any open trades or margin positions created by someone other than Unlisted in your Kraken Account, and (ii) the funds from such cancelled trades or margin positions may be used by Unlisted in its automated trading services.
By establishing the Kraken Account and utilizing the Service, you agree to monitor the Kraken Account and immediately report to Unlisted any discrepancies between the automated trades places by Unlisted and the actual transactions within the Kraken Account. You acknowledge that Unlisted is not responsible for any adverse effects caused by errors in Kraken’s automated trading technology.
Unlisted is not affiliated, associated, authorized, endorsed by, or in any way officially connected with Kraken, or any of its subsidiaries or its affiliates. The official Kraken website can be found at https://www.kraken.com. All product and company names are the registered trademarks of their original owners.
Unlisted may not make the Service available in all markets and jurisdictions and may restrict or prohibit use of the Service from certain U.S. states or foreign jurisdictions.
7. No Reliance
While Unlisted uses reasonable efforts to update the information contained in the Service, Unlisted makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Service. Any content of the Service is subject to change without notice.
8. Materials to be Consulted in their Entirety
9. Links to Third Party Web Sites
Unlisted has not reviewed any of the websites that may be linked to the Service and is not responsible for the content of off-site pages or any other website linked or linking to the Service. Unlisted is not responsible for the privacy practices of such other websites. Your linking to or use of any off-site pages or other websites is at your own risk. Unlisted's inclusion of links to other websites does not imply any endorsement of the material located on or linked to by such websites. In addition, the inclusion of any linked websites on the Service does not imply an endorsement of any kind of Unlisted or its affiliates by any person or entity and should not be deemed as such by any user of the Service.
10. No Warranty
UNLISTED, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SERVICE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND. UNLISTED HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY.
You acknowledge that you are aware that by using the Service you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, and/or other security or privacy hazards.
UNLISTED, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, FUNCTIONS CONTAINED AT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNLISTED, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OF KIND TO, VIRUSES THAT MAY INFECT, OR SERVICES REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR OTHER PROPERTY, ON ACCOUNT OF YOUR ACCESSING OR USE OF THE SERVICE.
11. Limitation of Liability; Indemnification
These limitations of liability will apply regardless of: (i) any negligence or gross negligence of any Unlisted party or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.
Your sole remedy for dissatisfaction with your use of the Service is to stop using the Service.
12. Usage Parameters
Any notice to Unlisted shall be given in writing and sent (i) by registered mail to Unlisted Project Pty Ltd, 15 Sanibel Court Parrearra QLD 4575 Australia or by email to email@example.com or (ii) by registered mail to Unlisted Project LLC, 1215 South Center Street Wellsville UT 84339 USA or by email to firstname.lastname@example.org, as applicable.