Terms of Use

These Terms of Use ("Terms") govern your access to and use of the website braintrade.ai, the Brain Telegram interface, the Brain web dashboard and any related services (together, the "Service") operated by Brain ("Brain", "we", "us").

By accessing the Service, creating an account, connecting an exchange or activating a strategy, you agree to these Terms. If you do not agree, do not use the Service.

You may use the Service only if you are at least 18 years old (or the age of majority where you live) and have full legal capacity to enter into these Terms.

You are responsible for making sure that using automated crypto trading, crypto derivatives and digital assets is lawful in your country of residence. The Service is not offered where its use would be prohibited, and you must not use it from such a jurisdiction or on behalf of a sanctioned person.

Brain provides software that executes pre-defined, rule-based trading strategies on your own account at a supported third-party exchange, through API keys that you create and connect.

• Brain is non-custodial: your funds always remain in your own exchange account. Brain never receives, holds or transfers your assets.
• You connect the Service with trade-only API keys. Withdrawal permission is never required and must not be enabled on keys you connect.
• Strategy parameters, risk limits and position sizing are set by Brain. You decide whether to activate, pause or stop a strategy at any time.
• The app may offer a demo mode that runs strategies on virtual capital. Demo mode places no real orders on any exchange, and no fee is charged for it. Demo results are simulated and do not guarantee live results.

Brain provides software and execution only. Nothing on the Service - including strategy descriptions, performance figures, backtests, calendars, metrics or messages - is investment, financial, legal or tax advice, a recommendation, or an offer to buy or sell any asset.

Brain is not a broker, exchange, investment adviser or portfolio manager. You are solely responsible for deciding whether automated trading is suitable for you.

Trading crypto assets and crypto derivatives involves substantial risk and can result in the partial or total loss of the capital in your exchange account, including losses that occur quickly.

• Leverage amplifies both gains and losses. Positions can be liquidated by the exchange.
• Past performance, live track records and backtests do not guarantee future results. Backtested results are simulated and have inherent limitations.
• Execution may differ from expectations because of slippage, fees, funding rates, liquidity, exchange outages, API errors, network latency or market gaps.
• Brain does not guarantee any profit, return, drawdown limit or capital protection.

Only trade with funds you can afford to lose.

You are responsible for the security of your Telegram account, your exchange account and the API keys you connect, and for all activity under them.

• Create API keys with trading permission only, and restrict them to Brain's IP addresses where your exchange supports it.
• Do not share keys with anyone else and revoke them immediately if you suspect they were exposed.
• Keep a sufficient balance and the required account settings (for example, futures enabled) on your exchange; strategies cannot run correctly otherwise.
• Do not trade manually on the same account or symbols while a strategy is active unless Brain's documentation allows it - manual trades can interfere with automated positions.

You can stop the Service at any time by deactivating the strategy and revoking the API key on your exchange.

Each user receives one 14-day free trial. The trial starts when your first strategy is confirmed started - not when an exchange is connected - and is not repeated for additional strategies or accounts. After the trial, Brain charges a performance fee on fee-eligible profit only: 30% if paid in USDT, or 20% if paid in BrainCoin ($BRAIN).

• Result. Your result is the net realized profit and loss of the futures account connected to the Service: profit and loss of closed positions, after exchange trading fees and funding payments. Open positions are counted once they are closed. All futures trading on the connected account is counted, including trades you place yourself; we recommend an account used only for Brain.
• Deposits and withdrawals. Deposits, withdrawals and transfers are not profit or loss and do not change your result.
• High-water mark. Brain keeps the running total of your result from the start of your use of the Service. The high-water mark is the highest level that total has reached at the end of any earlier billing period. Fee-eligible profit for a billing period is the amount by which the total at the end of that period exceeds the high-water mark; the mark is then raised to the new total. Losses must therefore be recovered before a new fee arises, and the same profit is not charged twice.
• Trial. Profit made during the free trial is not charged; it raises the high-water mark.
• No profit, no fee. If fee-eligible profit for a billing period is zero or less, the service fee for that period is $0.

A fee statement is issued at the end of each billing period (every 30 days after the trial) and shows the result, the high-water mark, the fee-eligible profit and the fee. The fee is stated in USD and paid in USDT, or in $BRAIN at the $BRAIN price at the time of payment. Payment is due within 7 days of the statement.

If a statement is not paid by its due date, the Service is suspended for your account: the active strategy is stopped and Brain closes its open positions (which may realize a profit or loss and incur exchange fees; if the exchange rejects a close, Brain retries and notifies you so you can close the position on the exchange yourself), and activation remains blocked until the statement is paid. After payment the Service is available again; the strategy is not restarted automatically. Fees already paid are non-refundable except where required by law.

Brain may change its pricing for future periods with prior notice. Changes do not apply retroactively to profit already realized.

BrainCoin ($BRAIN) is a utility token of the Brain ecosystem used for fee settlement, access and ecosystem features. It is not equity, a share, a debt instrument or a right to profits, dividends or any part of Brain's revenue.

$BRAIN is traded on third-party venues (for example, WEEX). Brain does not control its market price, liquidity or availability, and its value can fall significantly or to zero. Acquiring $BRAIN is at your own risk and is not required to use the Service.

The Service relies on exchanges, Telegram and other third parties that Brain does not control. Your use of them is governed by their own terms. Brain is not responsible for their acts, omissions, outages, insolvency, rule changes, account restrictions or loss of funds held with them.

You agree not to:

• use the Service for market manipulation, money laundering, sanctions evasion or any other unlawful purpose;
• copy, reverse engineer, resell or redistribute the strategies, signals or software, or use them to build a competing service;
• interfere with or overload the Service, or attempt to access it in an unauthorized way;
• provide false information or use the Service on behalf of another person without authorization.

The Service, including its software, strategies, models, content, names and logos, is owned by Brain or its licensors and is protected by intellectual property laws. You receive a limited, personal, non-exclusive, non-transferable right to use the Service under these Terms.

Brain aims to run the Service 24/7 but does not guarantee uninterrupted or error-free operation. Brain may modify, pause or discontinue strategies or features, change risk parameters, or perform maintenance at any time, including to protect users during extreme market conditions.

The Service is provided "as is" and "as available", without warranties of any kind, to the fullest extent permitted by law.

To the fullest extent permitted by law, Brain is not liable for any trading losses, lost profits, liquidations, missed opportunities or indirect, incidental or consequential damages arising from your use of the Service or of third-party exchanges. Brain's total liability for any claim relating to the Service is limited to the fees you paid to Brain in the three months before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law.

You may stop using the Service at any time. Brain may suspend or terminate your access if you breach these Terms, fail to pay fees, create risk for Brain or other users, or where required by law. Fees accrued up to termination remain payable.

These Terms are governed by the laws of the jurisdiction in which the operator of the Service is established, without regard to conflict-of-law rules. Any dispute will first be addressed in good faith by contacting us; if it cannot be resolved, it will be submitted to the competent courts of that jurisdiction, unless mandatory consumer law gives you the right to bring proceedings elsewhere.

Brain may update these Terms from time to time. The date at the top of this page shows the latest version. Material changes will be announced through the Service. Continuing to use the Service after changes take effect means you accept the updated Terms.

Questions about these Terms: info@braintrade.ai. How we handle personal data is described in our Privacy Policy (braintrade.ai/privacy-policy).