By accessing this website and/or any accompanying mobile applications and any materials presented therein (the "Service"), you accept in their entirety and without modification the following terms and conditions (the “Terms of Use”) pertaining to the use of the Service. Unlisted Project Pty Ltd and Unlisted Project LLC reserve the right to change the terms, conditions and notices under which the Service is offered without notice at any time.
Unlisted Project LLC services U.S. residents only. Unlisted Project Pty Ltd is an affiliate of Unlisted Project LLC and services non-US residents only. Unlisted Project Pty Ltd’s services are not directed at residents of the United States or any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. Unlisted Project Pty Ltd and Unlisted Project LLC may share your information between each other according to the terms incorporated herein and in the Privacy Policy to assess and process customers and manage their relationship with you. Unlisted Project Pty Ltd and Unlisted Project LLC are defined herein collectively, and as applicable depending on your country of residence, as “Unlisted”.
You acknowledge and agree that Unlisted may restrict, suspend or terminate the Terms of Use or your access to, and use of, all or any part of the Service, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of the Terms of Use as determined in Unlisted's absolute discretion, and without prior notice or liability. Each use of the Service constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use. If you do not agree with the Terms of Use, you are not granted permission to access or otherwise use the Service.
1. Ownership, Limited License to Use the Service
Unlisted owns and maintains the Service. All information contained in the Service is confidential and intended solely for the use of those persons that have been granted permission to use the Service. Except as specifically permitted below, nothing contained in these Terms of Use or the Service itself either grants or will be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Service, including without limitation the name or logo of Unlisted, any of its affiliates and/or any other entity described on the Service. No act of downloading or otherwise copying from the Service will transfer title to any software or material to any user hereof. Any data that you transmit to the Service (including without limitation personally identifiable information) becomes the property of Unlisted and may be used by Unlisted for any lawful purpose without restriction, subject to the Privacy Policy set forth below. Unlisted reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in 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.
4. Accounts
When you create an account with Unlisted, you must provide Unlisted with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your account on the Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
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.
5. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use. Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. All content provided by you may also survive after termination and will remain subject to the provisions of this Terms of Use.
6. Eligibility
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.
You further represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old in the U.S.); (b) have not previously been suspended or removed from using the Service; (c) have full power and authority to agree to the Terms of Use and in doing so will not violate any other agreement to which you are a party; and (d) will not use the Service if any applicable laws in any country prohibit you from doing so in accordance with these Terms of Use.
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
All materials at the Service are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses, and any copyright or proprietary notices, including those contained in these Terms of Use. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
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
IN NO EVENT SHALL UNLISTED, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SERVICE OR WITH ANY DELAY IN USING THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, TRADING, PROFITS, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, USE, OPPORTUNITY OR DATA; (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SERVICE; OR (III) OTHERWISE ARISING OUT OF THE USE OF THE SERVICE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF UNLISTED, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR COULD HAVE FORESEEN THE DAMAGES. FURTHER, UNLISTED WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OF USE OR WITH APPLICABLE FEDERAL, STATE AND/OR LOCAL LAWS.
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.
You hereby agree to indemnify, defend and hold Unlisted, their affiliates and their officers, directors, members, principals, investors, agents and employees harmless from and against any and all liability costs incurred by these parties in connection with any claim arising out of any breach by you of these Terms of Use or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any claim. Unlisted reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Unlisted.
12. Usage Parameters
In addition to the other limitations discussed in these Terms of Use, because all servers have limited capacity and are used by many people, you may not use the Service in any manner that could damage or overburden any Unlisted server, or any network connected to any Unlisted server. You may not use the Service in any manner that would interfere with any other party's use of the Service.
Unlisted reserves the right, but does not have the obligation, to access, archive, or monitor any use of the Service, or your use of the Service and your communications to the Service. By using the Service, you accept Unlisted’s right to access, archive, or monitor usage to ensure service quality, or to evaluate the Service, the security of the Service, compliance with these Terms of Use, or for any other reason. You agree that Unlisted’s monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Unlisted monitors your Site usage and enforce, or fail to enforce, these Terms of Use. You further agree that in no event will Unlisted be liable for any damages incurred by you as a result of Unlisted’s usage monitoring.
13. Privacy Policy
Please refer to our Privacy Policy at unlisted.io. You agree that our Privacy Policy constitutes part of the Terms of Use. You must read our Privacy Policy before you use the Service.
14. General
These Terms of Use are governed by the internal laws of the State of Utah, United States without reference to its conflicts of laws provisions.
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 support@unlisted.io or (ii) by registered mail to Unlisted Project LLC, 1215 South Center Street Wellsville UT 84339 USA or by email to support@unlisted.io, as applicable.
If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.
