Trader's Application Agreement
2022-05-30 06:39:51



THIS SIGNAL PROVIDER SERVICES AGREEMENT (this "Agreement") is made and entered by and between Onebyus and you (“Trader") executing this Agreement. 


WHEREAS, Onebyus maintains and operates a web-based and mobile copy trading platform (the “Onebyus Platform”); 


WHEREAS, the Trader is in the business of developing and providing trading signals; 


WHEREAS, certain customers of Onebyus, its subsidiaries and affiliates (collectively, “Onebyus Group”) may wish to utilize the trading signals generated by systems developed by the Trader; 


WHEREAS, the Trader desires to receive compensation for providing Onebyus Group customers with access to trading signals generated by systems developed by the Trader; 


WHEREAS, the parties desire to memorialize their agreement regarding the compensation to be received by the Trader as the result of Onebyus Group customers having access to trading signals generated by systems developed by the Trader; 


NOW, THEREFORE, in consideration of the mutual covenants hereinafter recited, the receipt and sufficiency of which are hereby acknowledged, and other good and valuable consideration, the parties agree as follows: 


1. Incorporation of Recitals 
Each of the foregoing recitals is incorporated by reference herein and made a part hereof.


2. Access to Trading Signals 

We use APIs provided by exchanges to get information about user's trades as well as providing our copy trading service.The Trader shall provide Onebyus access to its trading API for the purpose of Onebyus Group customer accounts to copy trading. The trading API shall be provided to Onebyus in the manner acceptable to Onebyus. 


3. Identification Confirmation 
Trader shall provide Onebyus with sufficient evidence of the Trader's identity as proof, as required by Onebyus's Compliance Department and as necessary for account completion. For the purpose of confirming the Trader's identity, the Trader shall produce a copy of the Trader's valid passport, identification card or any other government-issued document.


4. Fees
In consideration for providing followers with access to the trading strategy, followers agrees to pay the trader the compensation fees. Onebyus applies several types of fees for copy trading services. For example, the fee for copying paid trading strategies is determined as a percentage of revenue from copy trading, and the fee for subscription to trading signals is set as a monthly payment. Traders determine at their sole discretion the amount of fee for copying their strategies and for subscribing to their trading signals as well as Traders set billing periods applicable to their trading strategies.


Onebyus values the safety of its followers' capital as an utmost priority. For this reason, Traders who at Onebyus’s sole discretion apply abusive trading behavior, introducing high risks to their followers, will be examined carefully and if deemed malicious, they will be refused compensation and may be banned from the Onebyus services.


The copy trading fees set forth in this section 4 shall not be payable to Traders if:

 - (a) Onebyus determines at its sole discretion that such payment would violate any laws or rules to which Onebyus Group or the Trader is subject;

 - (b) Onebyus at its sole discretion deems it necessary to withhold the copy trading fees for reasons arising from, but not limited to, customer complaints, any government body investigation or complaint, or any legal issue; or

 - (c) Onebyus has reason to believe that the Trader's activity is in breach of this Agreement. 


5. Method of Performing Services 
In performing the services set forth herein, the Trader shall comply fully at all times with all applicable laws, rules and regulations governing the trading of crypto and any other governmental and self-regulatory authorities or organizations having jurisdiction over it. 


6. Warranties 
The Trader understands that Onebyus respects proprietary rights and does not desire to acquire from the Trader any trade secrets or confidential information. The Trader represents and warrants to Onebyus that:

 - (a) it is not under any pre-existing obligation inconsistent with the terms of this Agreement; and

 - (b) the services to be performed under this Agreement will be the Trader's original work, free and clear of any claims or encumbrances of any kind, and will not infringe any patent, copyright, trademark or other proprietary right or infringe upon a trade secret of any person or entity. 


7. Disabling of Account 
A Trader account is considered inactive if there is no trading activity for a certain period of time. Traders’ accounts that have been inactive for more than half one year will be permanently suspended. 


Onebyus may at its sole discretion disable Trader's account at anytime for any of the following reasons: abuse of the system wherein the Trader sends large amounts of trades, suspicious activity regarding false personal identification or other reasons not described in this Agreement. 


8. Termination 
In the event either party defaults in the performance of its obligations under this Agreement, the non-defaulting party may terminate this Agreement effective immediately upon the giving written notice of the default to the other party. Termination of this Agreement, however caused, shall not release either party from any liability or responsibility to the other with respect to all terms, covenants and conditions contained herein, all of which shall survive the termination of this Agreement. In addition, the termination of this Agreement shall not affect any of the rights or obligations of either party arising prior to or at the time of termination of this  Agreement.


9. Indemnification 
The Trader shall indemnify, hold harmless and defend Onebyus, its principals, shareholders, officers, directors, employees, representatives, agents or affiliates from and against any and all losses, claims, damages and liabilities to which any person indemnified herein may become subject under any state, provincial or national law, any rule or regulation promulgated under any of such acts or laws, including those of any financial self-regulatory agency or organization, or otherwise, insofar as such losses, claims, damages or liabilities (or actions in respect thereof)  arise out of, or are based upon: 

 - (a) a material breach by the Trader of this Agreement; or 
 - (b) a violation by the Trader of any applicable law, rule or regulation, except to the extent damages claimed result from the actions of Onebyus, or any of its respective  principals, officers, directors, employees, representatives, agents or affiliates if such actions constitute:

    (i) a violation by such person or entity of any applicable law, rule or regulation; or

    (ii) gross negligence, bad faith, or willful misconduct. 

The Trader shall reimburse any and all persons indemnified herein for any legal or other expenses (including attorney's fees) reasonably incurred by any of them in connection with  investigating or defending any action or claim covered by this indemnity. 

10. Independent Contractor 
For purposes of this Agreement, the Trader is an independent contractor, and not an employee or agent of Onebyus, nor shall anything herein be construed as making the Trader a partner or co-venturer with Onebyus or any of its affiliates or other clients. Except as provided in this  Agreement, the Trader shall have no authority to bind, obligate or represent Onebyus. 

11.  Miscellaneous 
 - (a) This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, Onebyus may assign or novate any of its rights, benefits or obligations under this Agreement. Trader may not assign, novate, transfer. encumber, license all or any part of this Agreement or any rights, benefits, or obligations under this Agreement without the prior written consent of Onebyus, which consent will not be unreasonably withheld. 
 - (b) The Agreement shall be governed by and construed in accordance with any applicable laws. For purpose of any action or proceeding involving any matter arising out of or relating to this Agreement, the Parties hereto agree to submit to the exclusive jurisdiction of the local courts.
 - (c) All captions used in this Agreement are for convenience only, are not a part hereof, and are not to be used in construing or interpreting any aspect hereof. 
 - (d) This Agreement may be executed in counterparts, each such counterpart to be deemed an original, but which all together shall constitute one and the same instrument.
 - (e) This Agreement constitutes the entire agreement between the parties hereto with respect to the matters referred to herein, and no other agreement, verbal or otherwise, shall be binding among the parties unless it is in writing and signed by the party against whom enforcement is sought. 
 - (f) Onebyus shall have the right, at any time and under its sole and absolute discretion, to change and/or amend the terms and conditions of this Agreement. The Trader agrees  that any new format of this Agreement which shall be posted on Onebyus’ Website shall be considered as sufficient provision of notice for the changes and/or amendments made in such new format and shall become effective as of the date of posting it as  aforesaid. 
 - (g) No waiver of any provision of this Agreement may be implied from any course of dealing between or among any of the parties hereto or from any failure by any party hereto to assert its rights under this Agreement on any occasion or series of occasions. 
 - (h) The provisions of this Agreement shall survive the termination of this Agreement with respect to any matter arising while this Agreement was in effect. 
 - (i) Any invalid or unenforceable provision of this Agreement shall not affect any other provision hereunder and the remainder of the Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement is held to be overbroad, invalid or unenforceable by a court of competent jurisdiction, the parties agree that the court may modify or amend such provision to allow for enforcement to  the maximum extent permitted under the law.