Terms of Service

Last Updated: November 3, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and SmarTrade Trading Investment ("SmarTrade," "we," "our," or "us") governing your access to and use of our trading platform, website, mobile applications, and related services (collectively, the "Services").

By registering for an account, accessing, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

2. Eligibility

To use our Services, you must:

  • Be at least 18 years old (or legal age of majority in your jurisdiction)
  • Have the legal capacity to enter into binding contracts
  • Not be prohibited from using our Services under applicable laws
  • Not be located in a restricted jurisdiction
  • Complete our identity verification (KYC) process

3. Account Registration and Security

3.1 Account Creation

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Security Requirements

  • Use a strong, unique password
  • Enable two-factor authentication (2FA)
  • Never share your password or 2FA codes
  • Notify us immediately of unauthorized access

4. Trading and Investment Risks

You acknowledge and accept that:

  • Market prices are volatile and unpredictable
  • Past performance does not guarantee future results
  • Leveraged trading amplifies both profits and losses
  • You may be liquidated if margin requirements aren't met
  • We do not provide investment advice or recommendations
  • You are solely responsible for your trading decisions

5. Fees and Charges

We charge fees for using our Services, including but not limited to:

  • Trading fees (maker/taker fees)
  • Withdrawal fees
  • Overnight funding fees for leveraged positions
  • Inactivity fees (after prolonged account inactivity)

Current fee schedules are available on our website. We reserve the right to modify fees with notice to users.

6. Prohibited Activities

You agree not to:

  • Engage in market manipulation, wash trading, or spoofing
  • Use our platform for money laundering or terrorist financing
  • Create multiple accounts to circumvent restrictions
  • Use automated systems (bots) without authorization
  • Reverse engineer or attempt to access our source code
  • Transmit viruses, malware, or harmful code
  • Impersonate others or provide false information
  • Violate any applicable laws or regulations

7. Deposits and Withdrawals

7.1 Deposits

You may deposit funds via supported methods (bank transfer, credit card, cryptocurrency). Deposits are subject to verification and may be delayed for security or compliance reasons.

7.2 Withdrawals

Withdrawals are processed according to our security procedures. We may delay or refuse withdrawals if we suspect fraud, money laundering, or violation of these Terms. Withdrawal limits may apply based on account verification level.

8. Suspension and Termination

We reserve the right to suspend or terminate your account:

  • If you violate these Terms
  • If required by law or regulatory authorities
  • If we suspect fraudulent or illegal activity
  • At our discretion with or without cause

Upon termination, you may withdraw your funds (subject to applicable laws and our security procedures).

9. Intellectual Property

All content, trademarks, logos, and intellectual property on our platform are owned by SmarTrade or our licensors. You may not copy, modify, distribute, or create derivative works without our written permission.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • We are not liable for trading losses or investment decisions
  • We do not guarantee uninterrupted or error-free service
  • We are not responsible for third-party services or links
  • Our total liability shall not exceed fees paid in the past 12 months
  • We are not liable for consequential, indirect, or punitive damages

11. Indemnification

You agree to indemnify and hold harmless SmarTrade, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our Services or violation of these Terms.

12. Dispute Resolution

Any disputes shall be resolved through:

  1. Informal negotiation with our support team
  2. Binding arbitration (if negotiation fails)
  3. Arbitration conducted in New York under AAA rules

You waive your right to participate in class action lawsuits.

13. Governing Law

These Terms are governed by the laws of the State of New York, United States, without regard to conflict of law principles.

14. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or platform notification. Your continued use after changes constitutes acceptance of the modified Terms.

15. Contact Information

For questions about these Terms, contact us:

Just Email: customersupport@smartrade.ca