EARNPARK PLATFORM LLP, a Limited Liability Partnership registered in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland, registration number OC442773, date of formation 22nd of June 2022, registered to the address 128 City Road, London, United Kingdom, EC1V 2NX (“Company”, “we”) provides access to our account’s Application Programming Interfaces Keys on Exchange platform, (each a “SWAP”) to you (“User”) to use it for digital assets trading on Exchange platform API on the User’s account.
You, as defined in the signature section below, and the Company are hereinafter referred to as Parties to this Agreement.
Whereas:
We provide access to our SWAP of our Account on Exchange platform which allows our customers to transact on their Accounts on Exchange Platform API using these keys. We are the Liquidity Provider for your trading activity according to this SWAP Agreement. The funds are in our Exchange platform account. By using our SWAP, you trade with our funds on Exchange Platform and share revenue with us in accordance with this SWAP Agreement.
This SWAP Agreement will apply exclusively to your use of our SWAP without any transfer of rights.
You do not have any access to our account on the Exchange platform where the liquidity is located. You cannot withdraw, transfer, or manage the funds from our account in any other way, and nothing in this SWAP Agreement can be considered as you have this right.
We cannot guarantee the delivery of each event generated via our SWAP, and therefore we cannot guarantee that the status of your Account and keys is always up to date. You should resubmit your subscriptions to the relevant SWAP events when a gap in an event batch sequence is detected to obtain up to date information.
We are not responsible.
In this Agreement, the following definitions apply.
1.1. Capitalized terms. Unless separately defined in this document, words and expressions have the meanings used in widespread trading practices.
1.2. In this Agreement, the following definitions apply.
Due Diligence Assessment has the meaning in Term 4.1 (Due Diligence Assessment).
Limits means any limits or restrictions to limit, block, cancel, or otherwise restrict the use of our API in relation to any aspect of such use.
Pre-Trade Risk Controls means any Limits that apply to all your Orders placed by a computer algorithm using our SWAP.
Post-Trade Risk Controls means any Limits that apply to all your trades, positions, strategies, and Instruments relating to Orders placed by a computer algorithm using our SWAP.
Security Procedures means such security procedures, agreements, protocols, licenses, or other requirements as we may apply to your use of our SWAP from time to time.
System means your infrastructure (including computer hardware and software, equipment, network facilities, and other resources and facilities) for using our API.
Trading venue means Exchange digital assets trading platform located at https://1inch.io/.
Exchange API is the Application Programming Interface of the Exchange digital platform, where the User can use our account’s SWAP for trading.
Account means your user account on Exchange platform that you use for trading with our SWAP, if not referred to our Account on the Exchange platform where the SWAP is generated, and liquidity is placed.
2.1. Commencement. This SWAP Agreement will come into effect on the date of the first Swap transaction made.
2.2. Access. To access and transact our SWAP, you must have an open Account on the EarnPark platform and a positive balance.
2.3. Local regulations. Our SWAP is not directed at or intended to be used by any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. You must ensure that you comply with any local law or regulation to which you are subject.
2.4. Amendments to this Agreement. The version of this SWAP Agreement will be in force at any given time. Any new version of this SWAP Agreement will supersede any earlier versions, and we will notify you when any new version comes into effect. The new version will apply to all trades entered into with us after that new version comes into effect. By submitting Orders to us after the date of the new version using SWAP, you agree to the terms of such a new version.
3.1. Due Diligence Assessment. On our sole discretion we may conduct a due diligence and restrict you from using our SWAP if it appears that you are not in compliance with our Due Diligence requirements.
You agree to provide us promptly, upon request, with all information or other assistance that we may reasonably request in order to conduct Due Diligence Assessments.
3.2. We may stop you from using our SWAP if the result of our Due Diligence Assessment is, in our sole opinion, not satisfactory.
3.3. Information requests. For us to comply with our monitoring and control obligations, we may conduct such inquiries as we deem appropriate to ensure your compliance with any security, credit, and risk management procedures in addition to Due Diligence Assessments. Accordingly, notwithstanding any other provisions of this Agreement, you shall, as soon as practicable following our request, provide us with information (including electronic records) regarding your use of our SWAP where we have received a request to provide the same pursuant to applicable laws and regulations.
3.4. Notwithstanding any provision of this Agreement relating to information or data or its disclosure, you consent to the disclosure by us of any information or data in connection with or relating to you, this SWAP Agreement, and/or any Order or trade (including pricing data) to the extent that we determine that it is required, permitted or desirable to comply with applicable laws and regulations.
4.1. Our Limits. We may set and change our Limits with respect to your use of our SWAP at any time. We will endeavor to give you notice of such limits or changes before we implement them, but this may not be possible, and we will not be liable for notifying you. You will comply with all Limits we have implemented and will not try to bypass or otherwise avoid such Limits. The Limits are for our exclusive benefit. Where any Order has been blocked for exceeding our Limits, we may nonetheless decide, in our sole and absolute discretion, to submit such Order.
4.2. Restrictions. You also acknowledge that the transmission of Orders to Trading Venue is dependent upon the accurate and timely receipt of prices or quotes from the relevant Trading Venue or market data provider. You acknowledge that a Trading Venue may cancel such an order when upgrading its systems, trading screens may drop the record of such an Order, and you enter such Orders at your own risk. You may not be able to cancel an Order previously given using our SWAP and will not be permitted to do so once such an Order or instruction has been executed.
5.1. Changes to functionality. You acknowledge that as the API is provided by a third-party, the functionality and information of API is subject to change by Exchange platform. We do not guarantee that our SWAP written for an older version of API will work with future API versions. There may be changes in schemas, method signatures and data representations and other changes that can be applied by Exchange platform.
5.2. Ending support. We may cease to support all or part of our SWAP at any time. We will not be liable to you or any other person if any or all of our SWAP are terminated.
6.1. No transfers. You will not assign, transfer, grant access or use of, disclose, or otherwise provide any content of our SWAP and your Account while using our SWAP to any third party or display data electronically without our express written consent.
6.2. Unauthorized use. You will take appropriate steps to keep your usernames, passwords, and other security information confidential and secure.
6.3. We shall not be liable for any loss, liability, or cost whatsoever arising from any unauthorized use of our SWAP.
6.4. We will assume that anyone who accesses your Account and our SWAP using your usernames, passwords, and other security information is you. If you suspect that this information has been obtained by any other, you must notify us immediately. If you fail to do so, you will be liable for any unauthorized Orders and trades on the Account. We may, acting reasonably, suspend your account if we have reason to believe that its security has been compromised.
6.5. In case of violation of any of the conditions of section 6 of this SWAP Agreement, we are authorized to claim for recovery of our losses and damages in accordance with the applicable laws of the United Kingdom of Great Britain and Northern Ireland.
6.6. Compliance Monitoring. You understand that your trading activity will be monitored for compliance with the rules of the relevant Trading Venue, that your trading activity may be suspended, and that (ii) you will be bound by Pre-Trade Risk Controls and Post-Trade Risk Controls administered by us.