Terms of Service

Last Updated: January 15, 2025

Effective Date: January 15, 2025

1. Introduction and Acceptance

Welcome to CoinShares ("Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and CoinShares governing your access to and use of our cryptocurrency exchange platform, including our website, mobile applications, APIs, and all related services (collectively, the "Platform" or "Services").

CoinShares operates as a comprehensive digital asset exchange providing spot trading, futures trading, staking services, and AI-powered automated trading solutions. By accessing, registering for, or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Risk Disclosure Statement, and all other policies referenced herein.

If you do not agree to these Terms in their entirety, you must immediately discontinue use of our Platform.

IMPORTANT NOTICE: Trading in cryptocurrencies and digital assets involves substantial risk of loss and is not suitable for all investors. The value of digital assets can be highly volatile. You may lose some or all of your invested capital. Please carefully review our Risk Disclosure Statement before using the Platform.

2. Eligibility Requirements

2.1 Age and Legal Capacity

To access and use our Services, you must be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater. By using the Platform, you represent and warrant that you possess the legal capacity to enter into binding contracts under applicable law.

2.2 Geographic Restrictions

Our Services are not available to residents or citizens of jurisdictions where cryptocurrency trading, exchange services, or related financial activities are prohibited or restricted by applicable law or regulation. You are solely responsible for ensuring that your use of the Platform complies with all laws, regulations, and governmental requirements applicable in your jurisdiction.

By accessing our Platform, you represent and warrant that you are not:

  • A resident or citizen of a country or territory subject to comprehensive international sanctions or embargoes
  • Listed on any government-maintained list of prohibited, sanctioned, or restricted parties
  • Acting on behalf of, or for the benefit of, any such person, entity, or jurisdiction
  • Located in or accessing the Platform from a jurisdiction where our Services are prohibited

2.3 Account Requirements

Access to certain features of the Platform requires completion of our account registration and verification procedures. You agree to:

  • Provide accurate, complete, and current registration information
  • Maintain and promptly update your account information as necessary
  • Complete all required identity verification (KYC) and anti-money laundering (AML) procedures
  • Maintain the security and confidentiality of your account credentials
  • Accept full responsibility for all activities conducted under your account
  • Notify us immediately upon discovery of any unauthorized access or security breach

3. Description of Services

CoinShares provides a comprehensive suite of digital asset exchange services designed to meet the diverse needs of cryptocurrency traders and investors.

3.1 Spot Trading

Our spot trading service enables users to buy, sell, and exchange digital assets at current market prices. Features include:

  • Real-time order matching across multiple trading pairs
  • Market, limit, and advanced order types
  • Comprehensive trading interface with professional charting tools
  • Access to major cryptocurrency markets and trading pairs

3.2 Futures Trading

Our futures trading platform allows qualified users to trade cryptocurrency derivatives with leverage. This service includes:

  • Perpetual and fixed-term futures contracts
  • Adjustable leverage options
  • Advanced risk management tools including stop-loss and take-profit orders
  • Real-time position monitoring and margin management

3.3 Staking Services

CoinShares offers staking services that enable users to earn rewards by participating in proof-of-stake networks:

  • Flexible and fixed-term staking options
  • Competitive annual percentage yields (APY)
  • Support for multiple proof-of-stake cryptocurrencies
  • Automated reward distribution

3.4 AI-Powered Automated Trading

Our proprietary AI trading system provides automated trading capabilities powered by advanced machine learning algorithms:

  • Algorithmic market analysis and trade execution
  • 24/7 automated trading across supported markets
  • Real-time portfolio monitoring and performance analytics
  • Customizable risk parameters and trading preferences

Note: Past performance of our AI trading system is not indicative of future results. Automated trading involves inherent risks, and users may experience losses. Please review Section 6 (Risk Acknowledgment) carefully before utilizing automated trading features.

3.5 Wallet Services

The Platform provides integrated digital asset wallet services for the custody and management of supported cryptocurrencies, including deposit, withdrawal, and transfer functionalities.

4. User Responsibilities and Prohibited Activities

4.1 User Responsibilities

As a user of our Platform, you agree to:

  • Use the Platform exclusively for lawful purposes and in compliance with these Terms
  • Implement and maintain appropriate security measures for your account
  • Keep all login credentials, API keys, and authentication methods confidential
  • Monitor your account activity on a regular basis
  • Report any suspicious or unauthorized activity immediately
  • Ensure sufficient funds are available prior to executing trades
  • Conduct independent research and understand all associated risks before trading
  • Comply with all applicable tax obligations in your jurisdiction

4.2 Prohibited Activities

The following activities are strictly prohibited on our Platform:

  • Violating any applicable laws, regulations, or third-party rights
  • Engaging in money laundering, terrorist financing, or other financial crimes
  • Market manipulation, including wash trading, spoofing, or layering
  • Creating multiple accounts or using false or fraudulent identities
  • Reverse engineering, decompiling, or disassembling any component of the Platform
  • Interfering with or disrupting the Platform's operation, security, or integrity
  • Deploying unauthorized automated systems, bots, or scripts
  • Transmitting malware, viruses, or other malicious code
  • Attempting unauthorized access to our systems, networks, or user accounts
  • Circumventing security measures, rate limits, or access controls
  • Using the Platform for competitive intelligence or to develop competing services
  • Facilitating transactions for third parties without proper authorization

5. Financial Terms

5.1 Deposits

Deposits to your CoinShares account are accepted in supported cryptocurrencies across compatible blockchain networks. You acknowledge and agree that:

  • Deposits must be made in supported digital assets to designated wallet addresses
  • Blockchain transactions are irreversible once confirmed on the network
  • Deposit confirmation times vary based on network conditions and required confirmations
  • You bear sole responsibility for ensuring funds are sent to the correct address and network
  • Deposits sent to incorrect addresses or incompatible networks may result in permanent, irrecoverable loss
  • Minimum deposit thresholds may apply to certain assets or services

5.2 Withdrawals and Applicable Fees

Withdrawal requests are processed subject to completion of all applicable verification procedures and security protocols.

Withdrawal Tax/Fee Disclosure

In accordance with applicable regulatory requirements and platform policies, withdrawals of profits and gains may be subject to applicable taxes or fees. A percentage-based fee may be applied to withdrawal amounts representing realized profits. The applicable rate will be clearly disclosed to you prior to withdrawal confirmation. This fee is separate from and in addition to any network transaction fees.

Withdrawal processing is subject to:

  • Successful completion of all required identity verification (KYC) procedures
  • Account security review and fraud prevention checks
  • Standard processing time of one (1) to three (3) business days
  • Network transaction fees, which are deducted from the withdrawal amount
  • Any applicable taxes or fees on profits as disclosed at the time of withdrawal
  • Our discretion to delay or hold withdrawals for security or compliance purposes
  • Compliance with applicable anti-money laundering (AML) and sanctions requirements

5.3 Trading Fees

Trading activities on our Platform are subject to applicable fees, which may include:

  • Maker and taker fees for spot trading transactions
  • Funding rates and trading fees for futures positions
  • Commission on profits generated through AI automated trading services
  • Additional service fees as disclosed on our fee schedule

Current fee schedules are available on our Platform and may be updated from time to time. Continued use of the Platform following fee changes constitutes acceptance of the revised fee structure.

5.4 Tax Obligations

You are solely responsible for determining and fulfilling any tax obligations arising from your use of the Platform, including but not limited to income taxes, capital gains taxes, and any other applicable taxes in your jurisdiction. CoinShares does not provide tax advice, and you should consult with qualified tax professionals regarding your specific tax obligations.

6. Risk Acknowledgment

CRITICAL RISK WARNING: Trading in cryptocurrencies and digital assets involves substantial risk of loss and is not suitable for all investors. The extreme volatility of cryptocurrency markets means that the value of your holdings can decrease rapidly and substantially. You should never invest funds that you cannot afford to lose entirely. Leveraged trading amplifies both potential gains and potential losses.

By accessing and using our Services, you expressly acknowledge and accept that:

  • Cryptocurrency markets are characterized by extreme volatility and unpredictability
  • The value of digital assets may fluctuate significantly within very short timeframes
  • Automated trading systems, including AI-powered systems, may experience technical failures or generate losses
  • Historical performance and past results do not guarantee or indicate future performance
  • Market conditions may change rapidly and without warning
  • Regulatory and legal changes may materially affect the value and legality of digital assets
  • Technical issues, including internet connectivity problems, may affect trading execution
  • You may lose part or all of your invested capital
  • CoinShares does not provide investment, financial, legal, or tax advice
  • You are solely responsible for your trading decisions and their consequences

For comprehensive risk information, please carefully review our Risk Disclosure Statement.

7. Intellectual Property Rights

7.1 Ownership

All content, features, and functionality of the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, trading algorithms, user interfaces, and the selection and arrangement thereof, are the exclusive property of CoinShares or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for personal, non-commercial purposes. This license does not include any right to:

  • Modify, reproduce, distribute, or create derivative works from any Platform content
  • Use data mining, robots, scraping, or similar automated data collection methods
  • Access or attempt to access any systems, servers, or networks without authorization
  • Use our intellectual property for any commercial purpose without express written consent
  • Remove, alter, or obscure any proprietary notices or markings

8. Disclaimers

8.1 No Financial Advice

CoinShares does not provide investment, financial, tax, or legal advice. All information, content, and services provided through the Platform are for informational purposes only and should not be construed as professional advice. You should consult with qualified professionals before making any investment or financial decisions.

8.2 Platform Availability

THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, DATA, OR INFORMATION PROVIDED THROUGH THE PLATFORM.

8.3 Trading Performance

WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY TRADING SIGNALS, MARKET DATA, PRICE INFORMATION, OR PERFORMANCE METRICS. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. ALL TRADING INVOLVES RISK OF LOSS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • COINSHARES, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE PLATFORM.
  • OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).
  • WE SHALL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM MARKET VOLATILITY, TECHNICAL FAILURES, UNAUTHORIZED ACCESS TO YOUR ACCOUNT, YOUR FAILURE TO MAINTAIN ADEQUATE SECURITY, OR ANY FORCE MAJEURE EVENTS.

Some jurisdictions do not permit the exclusion or limitation of certain damages. If applicable law prohibits any portion of the above limitations, such limitations shall apply to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless CoinShares and its affiliates, directors, officers, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:

  • Your access to or use of the Platform
  • Your violation of these Terms or any applicable law or regulation
  • Your violation of any rights of any third party
  • Any content, data, or information you submit, post, or transmit through the Platform
  • Your negligence or willful misconduct

11. Termination

11.1 Termination by You

You may terminate your account at any time by submitting a request through our support channels. Prior to termination, you must close all open positions and withdraw any remaining funds from your account, subject to applicable withdrawal procedures and fees.

11.2 Termination by Us

We reserve the right to suspend, restrict, or terminate your account and access to the Platform at any time, with or without prior notice, for any reason, including but not limited to:

  • Violation of these Terms or any applicable policies
  • Suspected fraudulent, illegal, or unauthorized activity
  • Failure to complete or pass verification requirements
  • Extended periods of account inactivity
  • Requests from law enforcement or regulatory authorities
  • At our sole discretion for business, legal, or regulatory reasons

11.3 Effect of Termination

Upon termination, your right to access the Platform shall immediately cease. We may retain your account data as required by applicable law or for legitimate business purposes. Termination shall not relieve you of any obligations incurred prior to termination, and the following provisions shall survive termination: Sections 7, 8, 9, 10, 12, and 14.

12. Dispute Resolution

12.1 Informal Resolution

Prior to initiating any formal dispute resolution proceeding, you agree to first contact us and attempt to resolve any dispute informally. Most disputes can be efficiently resolved through our customer support team.

12.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, shall be finally resolved by binding arbitration administered in accordance with applicable international arbitration rules. The arbitration shall be conducted in English by a single arbitrator.

12.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST COINSHARES.

13. Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. For significant changes, we may provide additional notice through email or prominent Platform notifications.

Your continued use of the Platform following the posting of modified Terms constitutes your acceptance of such modifications. You are responsible for reviewing these Terms periodically. If you do not agree to any modifications, you must discontinue use of the Platform.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, Risk Disclosure Statement, and all other policies and agreements referenced herein, constitute the entire agreement between you and CoinShares with respect to the subject matter hereof and supersede all prior or contemporaneous communications, agreements, and understandings.

14.2 Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect.

14.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of CoinShares.

14.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, embargoes, labor disputes, failures of third-party services, internet or telecommunications failures, power outages, or any other cause beyond our reasonable control.

14.6 Governing Law

These Terms shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles.

15. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

CoinShares

Email: legal@coinshares.vip

Support: support@coinshares.vip

By accessing and using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.