Everstrike Terms of Service: Exchange User Agreement

These Terms of Service (“Terms”) form a binding agreement between you and Everstrike Labs (“Everstrike,” “we,” “us,” or “our”) and govern your access to and use of the Everstrike cryptocurrency exchange, the Everstrike Assistant, AI strategies, the MCP server, the REST and WebSockets APIs, and all related websites, applications, and services (collectively, the “Services”). By creating an account, accessing, or using the Services, you agree to be bound by these Terms and by the Privacy Policy. If you do not agree, you may not use the Services.

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Section 1 — Applicable Laws and Regulations

Your use of the Services is subject to all applicable laws, regulations, and rules of any governmental or regulatory authority, including tax, anti-money laundering (AML), counter-terrorist financing (CTF), and sanctions requirements. If you reside in the European Economic Area (EEA), Everstrike acts as your representative for the purposes of Regulation (EU) 2016/679 (GDPR) with respect to the personal data described in the Privacy Policy. By creating an account, you acknowledge that you will comply with these Terms and all applicable laws at all times. Failure to comply may result in suspension or termination of your account.

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Section 2 — Eligibility

You represent and warrant that you:

• Are at least 18 years old and of legal age to form a binding contract in your jurisdiction
• Have not previously been suspended or removed from the Services
• Are not a Restricted Person and do not reside in a Restricted Territory (see Section 21 and the Restricted Jurisdictions page)
• Are not subject to any sanctions administered or enforced by the United Nations, the United States, the European Union, the United Kingdom, or any other applicable authority
• Have full power and authority to enter into this agreement without violating any other agreement to which you are a party

If you use the Services on behalf of a legal entity, you represent that you are authorized to bind that entity to these Terms, and “you” refers to that entity.

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Section 3 — AML, CTF, and Sanctions Compliance

Everstrike’s AML, CTF, and sanctions procedures comply with applicable laws and regulations. Everstrike takes commercially reasonable steps to prohibit fraudulent transactions, report suspicious activities, screen against applicable sanctions lists, and prevent money laundering, terrorist financing, market abuse, and related financial crimes. You agree to cooperate with any related information request from Everstrike.

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Section 4 — Account Registration and Security

When you register, you must provide complete, accurate, and up-to-date information. You are the sole authorized user of your account and may not share account credentials, API keys, or session tokens with any other person. You agree to provide additional identity verification information (the “Information”) when requested, including government-issued ID and proof of residence. You grant Everstrike permission to retain the Information and to make any inquiries, directly or through third parties, necessary to verify your identity and to protect against fraud or financial crime. You are responsible for maintaining the security of your account. You should enable Two-Factor Authentication (2FA), configure IP pinning where available, and keep your recovery methods current. You must notify Everstrike immediately of any unauthorized access to or use of your account.

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Section 5 — Digital Asset Transactions

To begin trading, you must fund your account with supported digital assets. Everstrike does not support fiat currency deposits. Each supported network and asset has its own deposit address, deposit limits, and confirmation requirements as documented under Account and Limits. Rules for deposits and withdrawals:

• Always send a digital asset only to the deposit address Everstrike provided for that exact asset and network.
• Sending a digital asset to an incorrect address, an unsupported network, or an address not associated with your account may result in permanent loss of funds.
• Everstrike does not support direct deposits from smart contracts. Funds sent from smart contracts must be credited manually; contact support if this applies to you.
• Blockchain transactions require a minimum number of confirmations before they are credited. See Required Confirmations.
• Everstrike is not responsible for losses caused by incorrect address submissions, wrong-network deposits, or user error.

Everstrike may, in its sole discretion, add, restrict, or discontinue support for any digital asset or network at any time.

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Section 6 — Custody and Wallets

Everstrike offers two account modes with different custody arrangements, as described under DEX Mode vs. CEX Mode:

• DEX mode. You connect and control your own Web3 wallet. You are solely responsible for the security of your private keys and recovery phrase. Everstrike has no access to and cannot recover a wallet you no longer control. Registration of a primary wallet is permanent and cannot be changed.
• CEX mode. Everstrike generates and manages custodial wallet credentials on your behalf, as described under CEX Mode. You are entrusting Everstrike with custody of the associated funds and accept the corresponding custody risk.

You may switch between modes from your account settings at any time, subject to the constraints described in the documentation.

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Section 7 — Digital Asset Trading

Transactions on the Services may fail or be delayed for reasons including insufficient margin, technical issues, network congestion, or price movements. Everstrike does not guarantee that any transaction will execute without failure and bears no liability for failed or delayed transactions. Everstrike reserves the right, at its sole discretion and without prior notice, to cancel, refuse, reject, or reverse any order or transaction, and to impose trading restrictions including price limits, size limits, position limits, and rate limits. You agree that Everstrike’s calculations associated with operating the Services, including profit and loss of open positions, collateral requirements, average entry price, mark price, index price, funding payments, position liquidation, position assignment, and position deleverage, are binding and final absent manifest error.

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Section 8 — Digital Asset Derivatives

Everstrike offers perpetual derivatives contracts with no fixed expiration, including perpetual futures, perpetual options, perpetual variance swaps, and perpetual volatility indices. Trading derivatives is high risk. To open a derivatives position, you must post collateral. Positions may be liquidated in adverse market conditions and you may lose all posted collateral. Positions may be highly leveraged and may represent a value significantly greater than the collateral posted. Liquidation order:

1. Everstrike may cancel your open orders and liquidate your positions (Position Liquidation) if your collateral falls below the collateral requirement.
2. If Everstrike cannot liquidate positions due to insufficient market demand, it may assign your positions to another user (Position Assignment).
3. If assignment is not possible, Everstrike may deleverage your positions (Deleverage Events), ending the contracts at the deleverage price.

Everstrike does not benefit from liquidations, assignments, or deleverages beyond standard transaction fees. Rules and procedures apply equally to all users.

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Section 9 — Pricing and Market Data

While Everstrike uses commercially reasonable methodology to publish mark prices, index prices, funding rates, and other market data, these values may differ from those published by third parties. The market rate at which your trade executes may differ from indicated rates. Everstrike bears no liability for losses arising from price fluctuations, rate discrepancies, or reliance on published market data.

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Section 10 — Fees and Bonuses

Everstrike may charge fees for use of the Services, including trading fees, withdrawal fees, and AI credit fees. Current fee schedules are published under Trading Fees, Withdrawal Fees, and AI Credits. Everstrike may modify fees at any time by updating the applicable documentation. Everstrike may offer promotional credits, trading bonuses, free AI credits, testnet funds, and other rewards from time to time. These promotions are governed by their own terms as published on the relevant pages and may include eligibility, usage, and withdrawal restrictions. Everstrike may modify, suspend, or terminate any promotion at any time.

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Section 11 — Native Assets: evUSD, EVS, and Perpetual Vault

Everstrike offers native platform assets and mechanisms with their own operating rules:

• evUSD is the native unit of account and collateral on the exchange. It is not legal tender, not insured, and not redeemable other than through the mechanisms described in the documentation.
• EVS is a planned native token. XP accrual described in the documentation is calculated automatically from your account activity. EVS has not launched. Any figures shown in the app are estimates only and do not represent a commitment to issue, distribute, sell, or grant any token. EVS is not offered as, and must not be treated as, a security, investment, or profit-sharing instrument. Distribution mechanics, availability, and eligibility may change or be restricted by jurisdiction.
• Perpetual Vault distributions are made in accordance with the rules described in the documentation and are not guaranteed. Distribution amounts, frequency, and eligibility may change.

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Section 12 — Digital Asset Distributions and Forks

Everstrike generally does not support distributions based on asset possession, protocol rewards, dividends, airdrops, or forks. Everstrike may, at its sole discretion, choose to support a particular distribution or fork but is under no obligation to do so. When trading on the Services, operate under the assumption that Everstrike will not support any distribution or fork. In the event of a distribution, fork, or blockchain reorganization, Everstrike may suspend related activities including deposits, withdrawals, and trading. Everstrike bears no liability for losses during any resulting downtime.

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Section 13 — Digital Asset Ownership

You represent and warrant that any digital assets you use on the Services are your own or that you are rightfully authorized to transact with them. You further represent that all transactions from your account are for your own account and are not on behalf of any third party.

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Section 14 — Unentitled Data

If you receive data, software, credits, balances, positions, or other value through the Services that you are not entitled to receive, you may not use it and must notify Everstrike immediately. Everstrike may reverse or reclaim such value at any time.

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Section 15 — Service Availability

Everstrike will use commercially reasonable efforts to keep the Services available. Access may be disrupted due to maintenance, technical issues, network conditions, third-party outages, or events outside Everstrike’s control. Everstrike assumes no liability for trading-related losses arising from unavailability, latency, or degraded performance of the Services.

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Section 16 — Service Malfunctions

Notify Everstrike immediately if you become aware of any service malfunction, trading error, mispricing, connectivity issue, or other problem that adversely affects your access to or use of the Services.

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Section 17 — Blockchain Networks and Third-Party Infrastructure

The Services rely on public blockchain networks, third-party wallet software, price oracles, node providers, and other infrastructure Everstrike does not control. Blockchain transactions are irreversible and permanent once confirmed. Everstrike cannot prevent or mitigate attacks on blockchain networks, chain reorganizations, oracle failures, or third-party wallet vulnerabilities. In the event of a confirmed attack on a listed digital asset or supported network, Everstrike may immediately halt trading, deposits, and withdrawals for that asset or network, and may permanently discontinue trading if the asset has materially decreased in value. Everstrike bears no liability for losses resulting from these events or from any resulting downtime.

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Section 18 — Confidential Information

You agree not to disclose any confidential information you acquire through your use of the Services. Confidential information means any trade secret, confidential, or proprietary information that is clearly identified as confidential or that would reasonably be assumed to be confidential under the circumstances.

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Section 19 — Development, Beta, and Testnet Services

Certain features, including beta software and the testnet, are provided for informational and testing purposes only. Beta features may be unstable, unfinished, and subject to change. Testnet markets use the same market data and indices as the mainnet where practicable, but discrepancies may occur, and testnet performance is not a reliable indicator of mainnet performance. Everstrike does not warrant that development or testnet Services will meet your requirements or operate without interruption, and reserves the right to modify, suspend, or discontinue them at any time.

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Section 20 — API and MCP Server

Subject to your compliance with these Terms, Everstrike grants you a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to use the REST API, WebSockets API, and MCP server (collectively, the “APIs”) solely in connection with the Services and, where applicable, for trading on Everstrike. You use the APIs entirely at your own risk. You are responsible for safeguarding your API keys and secret keys. Any activity performed with your API credentials is deemed to be your activity. Everstrike may set and enforce rate limits, throttling, and quotas on any API and may suspend or terminate your API access immediately if you violate these Terms. The MCP server is a public, read-only interface to market data. It requires no authentication and cannot place, modify, or cancel orders. Access is provided on an as-is basis and may be restricted, rate-limited, or discontinued at any time.

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Section 21 — Restricted Territories

The Services are not offered to persons or entities residing in the United States of America, Canada, Denmark, the Republic of the Seychelles, or any other Restricted Territory. It is your responsibility to ensure that you are not a resident of a Restricted Territory. See the full list on the Restricted Jurisdictions page.

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Section 22 — Restricted Activities

You must not:

• Provide false, inaccurate, incomplete, or misleading information
• Engage in money laundering, fraud, terrorist financing, sanctions evasion, or any other illegal activity
• Violate any applicable law, statute, regulation, or exchange rule
• Distribute spam, unsolicited advertising, or unauthorized promotional material
• Infringe Everstrike’s or any third party’s intellectual property rights
• Attempt unauthorized access to other accounts, the Services, or related networks
• Transmit viruses, worms, or other malicious software
• Use web crawlers or similar tools to scrape the Services, other than through the documented APIs and within their limits
• Reverse engineer, decompile, or disassemble any part of the Services except to the extent expressly permitted by applicable law
• Engage in market abuse, including front-running, wash trading, spoofing, layering, ramping, or fictitious transactions
• Use the Services on behalf of any third party or act as an unauthorized intermediary
• Attempt to manipulate AI features, prompt-inject the Assistant, or use AI features to circumvent trading controls, rate limits, or the restrictions in this Section

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Section 23 — Risk Disclosure

By trading on the Services, you can lose up to your entire deposit. Do not deposit digital assets you cannot afford to lose. Seek advice from an independent, suitably licensed financial advisor before trading. Specific risks include:

• Market risk. Digital asset prices are highly volatile and positions can move against you rapidly.
• Leverage risk. Leveraged positions can be liquidated quickly, resulting in loss of all posted collateral.
• Credit and counterparty risk. Counterparties may have insufficient collateral to cover what they owe, resulting in deleverage events.
• Liquidity risk. You may be unable to enter or exit a position due to lack of market demand.
• Operational risk. Exchange malfunctions, downtime, or system failures may cause losses.
• Custody risk. In CEX mode, you are entrusting Everstrike with custody. In DEX mode, loss of your recovery phrase results in permanent loss of funds.
• Smart contract risk. Bugs or exploits in on-chain contracts, oracles, or bridges may result in loss of funds.
• Regulatory risk. Regulatory action may require Everstrike to restrict, suspend, or terminate the Services.
• AI risk. AI features may produce incorrect output or take unintended actions (see Section 24).

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Section 24 — AI Services and Hallucinations

Everstrike offers AI-powered services, including the Everstrike Assistant, AI strategies, and other tools that use large language models to generate output, place orders, modify positions, or otherwise act on your behalf. You acknowledge and accept the following:

• AI output may be inaccurate. Large language models can produce responses that are incorrect, incomplete, misleading, or entirely fabricated. This is commonly referred to as a “hallucination.” Hallucinations may affect market interpretation, strategy construction, order parameters, position sizing, risk assessments, and any other content the AI generates.
• AI actions may be unintended. When AI services are permitted to execute trading actions on your behalf (for example, submitting orders, closing positions, or setting stop losses or take profits), a hallucination or reasoning error may cause the AI to take actions you did not intend, at times or sizes you did not intend.
• You are responsible for AI-initiated actions. All trades, orders, and account changes originating from AI services running under your account are your responsibility, regardless of whether the underlying decision was affected by a hallucination, model error, or misinterpretation. You must review AI output before acting on it and select the approval mode appropriate to your risk tolerance.
• You control AI permissions. You may pause or delete strategies, disable the Assistant, restrict permissions, or revoke API keys at any time from your account settings.
• No warranty of accuracy or profitability. Everstrike makes no representation or warranty that any AI service will be accurate, reliable, complete, profitable, or fit for any particular purpose. AI services are provided on an “as is” basis.
• Third-party model providers. AI features rely on third-party model providers whose availability, output, and terms may change. Everstrike is not liable for the acts or omissions of those providers.
• No liability for AI errors. To the maximum extent permitted by law, Everstrike bears no liability for losses arising from AI hallucinations, model errors, unintended AI-initiated actions, or reliance on AI-generated output. This limitation applies in addition to the general limitation of liability in Section 28.

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Section 25 — Taxes

You are solely responsible for determining, reporting, withholding, collecting, and paying any taxes, duties, or levies applicable to your use of the Services and to any gains, income, or transactions arising from that use. Everstrike does not provide tax advice. Any tax reports or exports offered through the Services are provided for informational purposes only and do not constitute tax advice.

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Section 26 — Intellectual Property and Feedback

All intellectual property rights in the Services, including their materials, design, layout, graphics, trademarks, and underlying source code, belong to Everstrike or its licensors. You are granted a limited, revocable, non-transferable, non-exclusive license to use the Services for personal, non-commercial purposes and, where applicable, for trading on Everstrike. You may not copy, reproduce, distribute, modify, or make commercial use of any part of the Services without Everstrike’s prior written consent. If you provide feedback, suggestions, or ideas about the Services, you grant Everstrike a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate them into the Services without any obligation to you.

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Section 27 — Indemnification

You agree to indemnify, defend, and hold harmless Everstrike, its affiliates, service providers, shareholders, directors, officers, employees, attorneys, agents, representatives, suppliers, and contractors from and against any claim, loss, damage, liability, cost, or expense (including reasonable attorneys’ fees) arising from or related to (a) your breach of these Terms, (b) your violation of any law or third-party right, (c) your use of the Services, (d) any activity carried out through your account or with your API credentials, or (e) any trade or action initiated by AI features under your account.

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Section 28 — Limitation of Liability

To the maximum extent permitted by law, neither Everstrike nor its affiliates will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, goodwill, use, data, or trading opportunities, arising out of or in connection with the Services. Everstrike’s total aggregate liability arising out of or in connection with the Services will not exceed the greater of (i) the fees you paid to Everstrike in the twelve months immediately preceding the event giving rise to the claim, or (ii) one hundred United States dollars (USD 100). Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the above limitations apply to the maximum extent permitted by law.

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Section 29 — No Warranty

The Services are provided on an “as is” and “as available” basis. Everstrike expressly disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Everstrike makes no warranty that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that any content or data provided through the Services will be accurate, reliable, or complete.

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Section 30 — Force Majeure

Everstrike bears no liability for any failure or delay in performance caused by events beyond its reasonable control, including flood, earthquake, fire, war, riot, terrorism, epidemic, pandemic, labor dispute, government action, sanctions, communications or power failures, network congestion, chain reorganizations, oracle failures, or software or equipment malfunction.

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Section 31 — Account Suspension and Termination

Everstrike may, in its sole discretion, suspend, refuse to create, restrict, or terminate your account, or any feature within it, for reasons including failure to verify your identity, prolonged inactivity, a court, regulatory, or law-enforcement order, sanctions screening, suspected fraud or market abuse, breach of these Terms, or protection of the Services or other users. You may close your account at any time by contacting Everstrike support, subject to any open positions, pending settlements, or legal or regulatory holds. Sections that by their nature should survive termination will survive, including Sections 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, and 36.

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Section 32 — Communications and Electronic Notices

You consent to receive communications from Everstrike electronically, including via email, in-app notifications, and postings on the Services. Electronic communications satisfy any legal requirement that a communication be in writing. Notices to Everstrike must be sent through the channels published on the Contact Support page.

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Section 33 — Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with English law, without regard to conflict-of-laws principles. The courts of the Republic of Seychelles have non-exclusive jurisdiction to settle any dispute arising from or connected with these Terms, subject to any mandatory law of your jurisdiction that grants you additional rights.

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Section 34 — Assignment

You may not assign or transfer any rights or obligations under these Terms without Everstrike’s prior written consent, and any purported assignment in violation of this Section is void. Everstrike may assign any or all of its rights and obligations without your consent. If you object to an assignment by Everstrike, your sole remedy is to close your account.

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Section 35 — Amendments

Everstrike may amend these Terms at any time by posting a revised version on the Services. Amendments take effect the first time you use the Services after the posting date, or on any earlier effective date stated in the revised Terms. If you do not agree with any amendment, your sole remedy is to stop using the Services and close your account.

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Section 36 — Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any additional terms referenced from the documentation, constitute the entire agreement between you and Everstrike regarding the Services and supersede any prior agreements.
• Severability. If any provision of these Terms is held to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
• No waiver. Failure by Everstrike to enforce any provision of these Terms is not a waiver of Everstrike’s right to enforce that provision or any other provision at any later time.
• No agency. No agency, partnership, joint venture, or employment relationship is created between you and Everstrike as a result of these Terms or your use of the Services.
• Headings. Section headings are for convenience only and do not affect interpretation.
• Language. These Terms are drafted in English. Any translation is provided for convenience; the English version controls in the event of any conflict.

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Questions about these Terms? Contact Everstrike support.