Terms of Service

1.About these Terms

These Terms of Service (the “Terms”) are a legal agreement between you and 3-102-066254 S.R.L., a sociedad de responsabilidad limitada incorporated in Costa Rica with cédula jurídica 3102066254, trading as Subtick Markets (“Subtick”, “we”, “us” or “our”).

They govern your Subtick account and your use of Subtick’s esports prediction markets and perpetual futures, and of the Subtick app through which you use them, whether you use them on subtickmarkets.com or through a partner (together, the “Services”).

These Terms include our Privacy Policy, our Risk Disclosure and the market rules and product information shown in the app. If the market rules for a particular market conflict with these Terms, the market rules apply to that market.

No partner, including any partner through which you access the Services, is a party to these Terms or provides the Services. The Partner Parties may rely on and enforce the provisions of these Terms that are stated to benefit them, including sections 6, 24, 25 and 29.

Please read section 29 carefully. It requires disputes to be resolved on an individual basis and waives class and representative actions, to the extent the law allows.

You accept these Terms when you register with Subtick (section 7). If you do not agree to them, do not use the Services.

Trading carries a high risk of loss, and you can lose all the funds you commit. Read the Risk Disclosure before you trade.

2.Regulatory status

Subtick is not a bank, broker, investment firm, exchange or payment institution. The Services are not offered as regulated financial products, and you will not have the protections that apply to such products, including access to investor compensation or deposit insurance schemes.

Details of any gaming licence we hold are shown on subtickmarkets.com.

3.Key terms

In these Terms:

App

The Subtick application. Subtick provides it from its own systems. You can use it on subtickmarkets.com, and partners display it within their websites and apps in an embedded frame.

Subtick account

Your account with us, whether you opened it on subtickmarkets.com or through a partner.

Balance

The US dollar balance in your Subtick account (section 8).

Partner

A business that gives its users access to the Services under an agreement with us. A partner is not our agent, does not offer, operate, settle or guarantee the Services, and does not hold or handle your balance.

Partner Parties

Each partner, its affiliates, its payment agents, and their respective directors, officers, employees and agents.

Partner account

Your account with a partner, which you can use to sign in to Subtick when you access the Services through that partner.

Deposit

Crypto assets sent to a deposit address shown in your Subtick account, by you or by an on-ramp provider for you (section 8).

Stablecoin

A crypto asset designed to keep a stable value against the US dollar.

On-ramp provider

A third party that lets you buy crypto assets with fiat currency and has them sent to your deposit address.

Committed funds

The amount that moves from your balance to an order or position when you place the order or open the position (section 8).

Trading requirement

The rule that you must trade the funds you deposit before you can withdraw them (section 8).

Untraded deposits

The total amount you have deposited, minus the total amount you have committed to filled orders and opened positions, but never less than zero (section 8).

Prediction market

A market in outcome contracts on an esports event.

Outcome contract

A contract on a stated outcome of an esports event, such as which team wins a match or a map. It pays a fixed amount if the outcome happens and nothing if it does not.

Perpetual future

A leveraged contract with no expiry date whose value follows an index.

Index

A price measure that a perpetual future follows, such as a CS2 skin market index or a crypto price.

Index provider

The party that calculates an index.

Mark price

The price, derived from the index and other data as described in the App, that we use to calculate margin, unrealised profit and loss, funding and liquidation.

Market rules

The rules for a market or product shown in the app, including how it is settled.

Close-only mode

A restriction under which you can cancel orders, close positions and receive settlements, but cannot place new orders or open new positions.

US person

A citizen or permanent resident of the United States, any person located in the United States, or an entity incorporated or with its principal place of business there.

4.Who can use Subtick

You may use the Services only if all of the following are true:

• you are at least 18 years old and old enough to enter into this agreement and use services like these where you live;
• you are not located in, or resident in, a restricted jurisdiction (section 5);
• you are not subject to sanctions, and are not owned or controlled by anyone who is, under the sanctions of the United Nations, the European Union, the United Kingdom, the United States or any other sanctions that apply to us or to a partner;
• you have completed the identity verification we ask for (section 6);
• if you access the Services through a partner, you have a partner account in good standing, verified to the level the partner requires, and the partner has not banned or restricted you;
• you use the Services only for yourself and not on behalf of anyone else;
• you are not a US person, and you are not acting on behalf of, or under the direction or control of, anyone who is a US person or is located or resident in a restricted jurisdiction;
• you understand how prediction markets, perpetual futures, leverage, funding and liquidation work, and you have the knowledge and experience needed to assess their risks;
• the funds you use are your own and do not come from criminal activity;
• you are not an officer, employee or contractor of Subtick, a partner or an index provider with access to non-public information about our markets, indexes or events, or a member of the household of such a person, unless we have agreed otherwise in writing;
• we have not previously suspended or excluded you, unless we have agreed that you may return; and
• using the Services is lawful for you.

You are responsible for checking that your use of the Services is lawful where you are. We may ask you for information to confirm your eligibility, and we may refuse or restrict access where we cannot confirm it.

5.Restricted jurisdictions

We do not offer the Services to anyone located in, or resident in, any of the following.

Comprehensively sanctioned countries and regions

• Cuba
• Iran
• North Korea
• Syria
• The Crimea, Donetsk and Luhansk regions of Ukraine

Other restricted jurisdictions

• Argentina
• Australia
• Belarus
• Belgium
• Brazil
• Burundi
• Canada
• Central African Republic
• China
• Colombia
• Comoros
• Congo (Democratic Republic)
• Costa Rica
• Cyprus
• Czech Republic
• Ethiopia
• France
• Germany
• Hong Kong
• Hungary
• India
• Indonesia
• Iraq
• Ireland
• Italy
• Japan
• Lebanon
• Libya
• Macau
• Malta
• Myanmar
• Netherlands
• New Zealand
• Nicaragua
• Poland
• Portugal
• Romania
• Russia
• Singapore
• Slovakia
• Slovenia
• Somalia
• South Korea
• South Sudan
• Spain
• Sudan
• Switzerland
• Taiwan
• Thailand
• United Kingdom
• United States of America and its territories
• United States Minor Outlying Islands
• Venezuela
• Yemen
• Zimbabwe

We also do not offer the Services in any other place where offering or using them would be unlawful. We may add places to this list at any time. The list on this page is the one that applies.

We do not offer the Services to US persons, wherever they are located. We decide where you are using the country that you, or a partner you use, give us, your identity documents, your IP address and any other information available to us. You must not use a VPN, proxy or any other means to hide your location or to get around these restrictions.

If you are, or become, located or resident in a restricted jurisdiction, or a US person, you must stop depositing, placing orders and opening positions. We may place your account in close-only mode, cancel your open orders and close your open positions at the current market price, and we will credit the committed funds to your balance unless the law requires us to hold them. You can then withdraw your balance under section 8, and the trading requirement does not apply. If you placed a trade while you were not eligible, we may void it and return only the funds you committed to it, without any profit.

6.Your account, identity verification and partners

You can open a Subtick account directly on subtickmarkets.com, or through a partner, which displays the App on its own website or app in an embedded frame. You may have only one Subtick account, however you access it. If you already have one, use it rather than opening another, and contact us if you need help.

Identity verification. We verify the identity of our users. We may ask you to verify your identity with us, through our identity verification provider, before you deposit, trade or withdraw, and at any time after that. If you open your account through a partner, and only after you give your consent (section 7), the partner shares with us the account and identity verification data it already holds about you, as described in our Privacy Policy. We may rely on that data so that you do not need to verify your identity again, but we remain responsible for our own legal obligations. We may carry out our own checks at any time, including asking you for identity documents, proof of address and information about the source of your funds and wealth, and we may refuse or restrict access, deposits or withdrawals until we are satisfied.

Your account is with Subtick. Your trades, your balance, your deposits and your withdrawals are with Subtick. No partner is a party to them. Your partner account, and any balance you hold with a partner, are governed by the partner’s own terms and are separate from your Subtick account. You cannot move funds between a partner balance and your balance.

Role of the partner. A partner only gives you access to the Services and lets you sign in with your partner account. The App is provided and operated by Subtick from Subtick’s systems, and the partner displays it on its website in an embedded frame. The partner does not offer, operate, settle or guarantee any market or product, does not set prices or decide results, is not a counterparty to any trade, does not hold your balance or committed funds, does not process your deposits or withdrawals, and is not our agent for accepting orders. Nothing on the partner’s website or app is an offer by the partner to enter into any trade with you.

No claims against the partner. A partner gives you no promise or warranty about the Services. Your claims about the Services, your trades, your balance, the App, any market, index, settlement, deposit, withdrawal or amount we owe you are against Subtick only, and not against any Partner Party, except for a Partner Party’s own fraud or where the law does not allow this to be excluded.

Account security. You are responsible for keeping your sign-in details secure, including your partner account if you use it to sign in. We treat orders, withdrawals and other instructions given through your signed-in account as given by you. If you think someone else has access to your account, tell our support team straight away and, if you sign in through a partner, the partner too.

If a partner restricts, suspends or closes your partner account, or stops offering the Services, your access to Subtick through that partner may be restricted or end. This does not close your Subtick account, and you can still withdraw your balance under section 8. If you can no longer sign in through the partner, contact our support team. After we verify your identity, we will give you another way to sign in or pay your balance to you. We may deal with your open orders and positions as described in section 18.

7.Registration

When you open your Subtick account, the App asks you to register with Subtick. You cannot deposit or trade until you complete it. When you register you: (a) confirm that you are 18 or older and of legal age where you live, that you are not a US person, and that you are not located or resident in a restricted jurisdiction, and accept these Terms and the Risk Disclosure; and (b) separately consent to the processing and international transfer of your data as described in the Privacy Policy and, if you register through a partner, to the partner sharing your data with us, including your identity verification data.

We record your acceptance and consents: the version of each document, the date and time, the partner you came through, if any, your IP address, your browser’s user agent, your language setting and each confirmation and consent you gave. We keep this record as evidence of our agreement.

Your confirmations must be true. If any of them stops being true, you must stop trading and tell us.

The version and date of these Terms are shown at the top of this page.

8.Your balance, deposits and withdrawals

Your Subtick account has a balance in US dollars. You use it to place orders and open positions, and we credit to it the amounts we owe you. Only Subtick holds your balance. No partner holds it, and you cannot fund it from, or move it to, a partner balance.

Deposits

You can add funds to your balance only by depositing supported crypto assets, on a supported network, to the deposit address shown in your Subtick account. The supported assets and networks, any minimum deposit and any fees are shown in the App. You may deposit only crypto assets that you own, sent from a wallet you own or control or by an on-ramp provider on your behalf.

We credit a deposit to your balance once it has the number of network confirmations shown in the App and has passed our checks. If you deposit a crypto asset other than a US dollar stablecoin, we convert it to US dollars at the rate shown in the App when we credit it. Crypto assets sent on an unsupported network, in an unsupported asset or to the wrong address may be lost, and we may not be able to recover them.

Buying crypto with fiat currency

You can buy crypto assets with a card or another fiat payment method from an on-ramp provider through the App. Your purchase is a contract between you and the on-ramp provider under its own terms. The on-ramp provider is not our agent and is responsible for its own identity checks, fees, exchange rates and refunds. We never receive your card or bank account details. We credit your balance only when the crypto assets reach your deposit address.

Using your balance

• Committing funds. When you place an order or open a position, exactly the amount you commit, as shown in the App before you confirm, moves from your balance to that order or position.
• Holding. We hold the committed funds until the order or position is closed, cancelled or settled.
• Returning. Sale proceeds, settlement amounts, the remaining margin of a closed or liquidated position, and the funds of cancelled or unfilled orders are credited to your balance.
• Limited loss. Your trading losses are limited to the funds you commit. We will never ask you to add funds to cover a negative position. This does not apply to amounts paid to you by mistake or recoverable under sections 12, 13 or 15.
• Recovery. We may deduct from your balance any amount you owe us under sections 12, 13, 15 or 18.

Trading requirement

To prevent money laundering and other misuse of the Services, you must trade the funds you deposit before you can withdraw them. You can withdraw any part of your balance above your untraded deposits. The App shows how much of your balance you can withdraw.

The trading requirement does not apply, and you can withdraw your whole balance subject to our checks, if: you self-exclude (section 17); you are, or become, located or resident in a restricted jurisdiction or a US person (section 5); we suspend, restrict or close your access (section 18) or you close your account (section 19); we withdraw a product you were using; or you do not accept a new version of these Terms (section 27). In those cases we may return your untraded deposits only to the wallet address they came from or, if they came from an on-ramp provider or that address cannot receive them, to another wallet you own or control, after our checks. We may also waive the trading requirement in other cases.

Withdrawals

You can withdraw the part of your balance that the App shows as available to withdraw. We pay withdrawals in the crypto assets and on the networks shown in the App, to a wallet address that you own or control. If we pay a withdrawal in a crypto asset other than a US dollar stablecoin, we convert it at the rate shown in the App before you confirm. Minimum amounts and fees, including network fees, are shown in the App before you confirm.

You are responsible for giving us the correct address and network. Once we send a withdrawal it cannot be reversed, and we are not responsible for funds sent to an address or on a network you gave us.

We may hold, delay or refuse a withdrawal while we carry out identity, anti-money laundering, sanctions or fraud checks, or if we reasonably suspect a breach of these Terms (sections 15 and 16). We will tell you if we do, unless the law prevents it.

How we hold your funds

We hold the crypto assets that back customer balances and committed funds ourselves, mainly as US dollar stablecoins, in wallets we control. These wallets may hold the assets of many customers together and may use third-party custody technology. Your balance is a record of the amount we owe you. We do not hold your balance or committed funds on trust for you. If we became insolvent, you would be an unsecured creditor and could lose some or all of your balance and committed funds.

Your balance and committed funds do not earn interest. Subtick is not a bank. Your balance and committed funds are not bank deposits and are not covered by any deposit insurance or investor compensation scheme.

If a deposit or withdrawal fails or is delayed, for example because of network congestion, we will work to complete or reverse it. If an amount reaches you by mistake, section 13 applies.

9.Prediction markets

Each prediction market is on an outcome of an esports event, such as the winner of a match or of a map. You can buy outcome contracts, and sell contracts you hold, while the market is open for trading.

Subtick is the market maker in every prediction market and quotes the prices at which you can buy and sell. Your order may be filled against Subtick’s quotes or against orders from other users. When you trade with Subtick, we trade for our own account and our interests are opposed to yours.

Prices reflect our market making and the orders in the market. They are not a forecast or a statement of how likely an outcome is.

When the result is final under the market rules, each contract on the winning outcome settles at the fixed amount shown in the app, and contracts on the other outcomes settle at zero. We credit settlement amounts to your balance. We decide results using the sources and rules set out in the market rules.

Markets can be suspended, voided or resettled as described in section 12.

Our determination of a result under the market rules is final and binding, except for resettlement under section 12 or the correction of an obvious error under section 13. If you believe a market was settled incorrectly, you must tell us through the complaints process in section 28 within 7 days after settlement.

10.Perpetual futures

A perpetual future lets you take a long or short position on an index, with leverage, and has no expiry date. Indexes include CS2 skin market indexes and crypto prices. Subtick is the counterparty to your perpetual futures positions.

Indexes

Indexes are calculated by an index provider. Indexes are currently calculated by a partner, using market data from that partner and from third-party sources. That partner operates a CS2 item marketplace whose prices may be included in an index, and it earns revenue from activity on that marketplace. Because the index provider is also a partner, and may be the partner through which you access the Services, it may have interests that conflict with yours. The index provider is not our agent, is not a party to your positions, owes you no duty and gives no warranty about any index. We do not guarantee that an index is accurate, complete or always available. The index provider may change how an index is calculated or what it includes, and we may change the index provider. We will tell you about material changes where we reasonably can.

Margin and leverage

To open a position you commit margin. Leverage lets you open a position larger than your margin, and it magnifies both gains and losses. The maximum leverage, margin requirements and position limits for each market are shown in the app.

Liquidation

If losses reduce your position’s margin below the maintenance level shown in the app, we may close the position, in whole or in part, automatically and without notice. This is a liquidation. You can lose all the margin committed to the position. Liquidation fees may apply, as shown in the app.

Funding

A position may pay or receive funding payments at the rates and intervals shown in the app. Funding is applied to your position as shown in the app.

Opening and closing

You can open and close positions while a market is open. Opening and closing prices are based on the index at the time, as shown in the app before you confirm. We may refuse to open or close positions while an index is unavailable, stale or unreliable. We may also pause a market or allow only the closing of positions in it.

Risk management

We are the counterparty to every position. To manage that risk, we may set or change position and exposure limits, allow only the closing of positions in a market, or reduce or close positions, in whole or in part, at the mark price where our exposure in a market exceeds our risk limits or market conditions are disorderly. We will act fairly and consistently across affected users and tell you as soon as reasonably possible.

11.Orders and limits

Before you confirm an order, the app shows its key details, including the price, the amount you commit and the fees. An order is binding once we accept it.

Prices can move between the moment you submit an order and the moment it is executed, so the price you get may differ from the price shown, within any limits shown in the app. You can cancel the unfilled part of an open order in the app.

We may reject or refuse to execute an order, for example if it exceeds a limit, the market has changed or is suspended, or we suspect a breach of these Terms.

We may set limits on order sizes, positions, exposure and leverage, for each user or each market, and change them at any time. Changes to limits apply to new orders and positions. Current limits are shown in the app.

We may limit the size of, or refuse, orders from any account at our discretion, including on the basis of past trading activity, and we do not have to give reasons.

Our records of orders, trades, positions, deposits, withdrawals and your balance are the official record of your activity, unless they contain an obvious error.

12.Market rules: suspension, voiding and resettlement

Every market follows its market rules. Under them, we may:

• Suspend trading in a market or product at any time, for example during a live event, while waiting for a result, or when data is late, missing or unreliable. Open orders may be cancelled, and you may not be able to sell or close during a suspension.
• Void a market, or trades in it, for example when the event is cancelled, abandoned or postponed beyond the time set in the market rules, the format of the event changes, the market was set up with wrong information, or a data error affected it. Voided trades are treated as if they never happened, and we credit the funds committed to them to your balance.
• Resettle a market, for example after a late or corrected official result, or a data error. Resettlement can increase or reduce what you receive.

Where possible, we follow the official result published by the event organiser or the source named in the market rules.

If voiding or resettlement means you received more than you were owed, you must return the difference. We may deduct it from your balance, your committed funds or later proceeds.

13.Errors and obvious errors

An obvious error is a trade, price or settlement that is clearly wrong. Examples are a technical fault, an incorrect quote, wrong index or market data, a market set up with wrong information, or a price far from the fair market price at the time.

If an obvious error happens, we may cancel the affected trades, positions or liquidations, or adjust them to the price that would fairly have applied. We will act within a reasonable time after we discover the error and tell you what we did.

If a deposit credit, withdrawal, settlement or other amount reaches you by mistake, it is not yours. You must tell us, and we may reverse it as described in section 12.

14.Fees

We charge fees for the Services. The fees for a trade, and any funding or liquidation charges that apply, are shown in the app before you confirm it. Any fees for deposits and withdrawals, including network fees, are shown in the App before you confirm.

We may change our fees at any time. A change applies only to trades, deposits and withdrawals made after it takes effect.

On-ramp providers charge their own fees under their own terms. We may pay partners fees under our commercial arrangements with them. A partner is not a party to your trades and does not set prices, decide results or bear any trading risk.

15.Prohibited conduct

You must not:

• manipulate or try to manipulate a market, a price or an index, for example by wash trading, spoofing, or trading skins or other assets to move an index;
• trade on inside information: information about an event or an index that is not public and could affect a market. This includes trading on an esports event in which you take part or can influence the result, for example as a player, coach, team staff member, team owner, referee, tournament organiser or official, and trading on non-public information from such a person;
• trade using confidential information obtained through work for Subtick, a partner, an index or data provider, or an event organiser;
• fix or try to fix any part of an event, or help anyone else to do so;
• front-run, corner or try to corner a market, place orders that do not change beneficial ownership, or place orders without intending them to be executed;
• coordinate or collude with anyone to move or fix a price or an index, or to share or get around limits;
• trade if you hold a position of authority or influence sufficient to affect the outcome of an event, or on the direction of such a person;
• open or use more than one Subtick account, use another person’s account, let anyone else use yours, or act together with others to get around limits or restrictions;
• use bots, scripts or other automated means to access the app or place orders, unless we have agreed to it in writing;
• exploit a bug, error, delay or pricing error in the app, a market, an index or a data feed, or keep quiet about one you know you have benefited from;
• hide your location or identity, for example with a VPN or proxy;
• use the Services for money laundering, terrorist financing, fraud, sanctions evasion or any other unlawful purpose; or
• interfere with, overload, reverse engineer or scrape the app or our systems, or try to access them without permission.

If we reasonably believe you have broken this section, we may void or reverse the affected trades and keep any profit from them, cancel your orders, place your account in close-only mode, close your positions, hold your balance, suspend or close your account, and recover our losses from you. We may share information about it with partners, event organisers, integrity bodies and authorities.

16.Anti-money laundering and sanctions

We work to prevent money laundering, terrorist financing, fraud and breaches of sanctions. We verify our users’ identities, and we may also rely on identity checks carried out by partners. We screen deposits, withdrawals and wallet addresses, including with blockchain analytics, and we may screen you and your activity against sanctions lists.

To meet these obligations, we may:

• ask you for information or documents, including about the source of your funds and wealth;
• share information about you and your activity with partners and with competent authorities;
• hold, delay or refuse deposits, withdrawals and other transactions, and reverse deposit credits, including for deposits from wallets linked to unlawful activity;
• hold your balance and committed funds where the law requires or allows us to; and
• report suspicious activity.

If we refuse a deposit, we may hold it for as long as the law requires, or return it to the wallet it came from.

The law may prevent us from telling you that we have done any of these things.

You must give us accurate information, and you must not use funds from criminal activity or trade on behalf of a sanctioned person.

If you access the Services through a partner, you authorise the partner to share with us any information it holds about you that we reasonably request for these purposes, including information about the source of your funds and wealth.

17.Trading limits and self-exclusion

You can ask us to limit your trading, or to exclude you from the Services for a period, by contacting support@subtickmarkets.com. We will apply your request as soon as reasonably possible.

While you are excluded, you cannot deposit, place orders or open positions. You can still close existing positions, receive settlements and withdraw your balance, and the trading requirement does not apply. We will not lift a self-exclusion before the end of the period you chose.

A self-exclusion with Subtick does not cover a partner’s own products. Contact the partner if you want to exclude yourself there too. The Risk Disclosure has more on trading responsibly.

18.Suspension and termination

We may suspend, restrict or close your access to the Services, or to any product or market, at any time, if:

• you break these Terms;
• the law requires it, or a competent authority asks us to;
• you do not complete the identity verification or give us the information we ask for;
• a partner tells us that you are banned, restricted, not verified or no longer eligible;
• we suspect fraud, money laundering, market abuse or other prohibited conduct;
• you are, or become, located or resident in a restricted jurisdiction, or a US person; or
• we stop offering a product or the Services.

When we do, we may cancel your open orders and either close your open positions at the current market price or let them run until they settle. We credit committed funds and amounts owed to you to your balance, minus any amounts you owe us. You can then withdraw your balance under section 8, subject to our checks, unless the law requires us to hold it or section 15 allows us to keep part of it. The trading requirement does not apply, and section 8 explains where we may return untraded deposits.

If we cannot pay your balance to you, for example because you do not give us a wallet address, we will keep a record of it and pay it to you when you contact us, subject to our checks.

We will tell you why, unless the law or security reasons prevent it.

19.Closing your account

You can stop using the Services at any time. To close your Subtick account, contact support@subtickmarkets.com.

Before we close it, you should cancel your open orders, close your open positions and withdraw your balance. If you do not, we may close your positions at the current market price, and section 18 applies to your remaining balance.

Closing your Subtick account does not close your partner account, and closing your partner account does not close your Subtick account. After closure we keep records as described in our Privacy Policy.

20.No advice and no fiduciary duty

We do not give investment, financial, legal, tax or any other advice. Prices, indexes, charts, market data and other information in the app are for information only and are not a recommendation to trade.

You make your own trading decisions and are responsible for them. Consider getting independent advice before you trade.

We act for our own account, including as market maker and counterparty. We are not your agent, broker, adviser or trustee, and we owe you no fiduciary duty. Our interests may conflict with yours.

21.Taxes

You are responsible for any taxes due on your trading and for reporting it where required. We do not give tax advice. We do not withhold tax unless the law requires us to, and we may share information with tax authorities where the law requires.

22.Use of the app and intellectual property

We give you a personal, limited, non-exclusive, non-transferable and revocable licence to use the app to access the Services under these Terms.

The app, its content, the Subtick name and marks, and the market data we produce belong to us or our licensors. You must not copy, modify, distribute, sell or build on them, or use our market data commercially, without our written permission.

If you send us feedback or suggestions, we may use them freely.

23.Availability and changes to the Services

We work to keep the Services available, but we do not promise that they will be uninterrupted, timely or free of errors. Maintenance, outages, and problems at partners, the index provider, data providers, on-ramp providers, blockchain networks or other networks can affect them.

We may add, change, suspend or withdraw products, markets, features and limits at any time. If we withdraw a product, we will tell you in advance where we reasonably can, and we will close or settle open positions fairly.

24.Limitation of liability

Nothing in these Terms limits or excludes liability for fraud, wilful misconduct or gross negligence, or any other liability or right that cannot be limited or excluded by law, including mandatory consumer rights.

Subject to that, and to the extent the law allows:

• the Services are provided “as is” and “as available”, without promises beyond those in these Terms;
• we are not liable for losses caused by market movements, your trading decisions, or liquidations, suspensions, voiding, resettlement or error corrections carried out under these Terms and the market rules;
• we are not liable for the acts or omissions of partners, the index provider, data providers, on-ramp providers, event organisers or other third parties, or for events outside our reasonable control;
• we are not liable for any change in the value of any crypto asset, for crypto assets sent to an address or on a network you gave us, for losses caused by unauthorised access to your sign-in details or partner account that we did not cause, or for your inability to use the Services, including during maintenance, outages or suspensions;
• we are not liable for indirect or consequential loss, or for loss of profit, revenue, opportunity, data or goodwill; and
• our total liability to you for all claims relating to the Services is limited to the total fees you paid us in the 12 months before the event that gave rise to the claim.

These limits do not affect our obligation to pay you your balance and the amounts we owe you under these Terms.

No Partner Party and no index provider has any liability to you in connection with the Services, the App, your balance, any deposit, withdrawal, market, index, order, position, settlement or amount we owe you, except for its own fraud or where the law does not allow this to be excluded.

25.Indemnity

You will defend, indemnify and hold harmless Subtick, the Partner Parties and any index provider, and their respective directors, officers, employees and agents, from any loss, liability, claim, fine, penalty, cost or expense, including reasonable legal fees and the cost of responding to any subpoena or request from an authority, arising from: (a) your use of the Services; (b) your breach of these Terms or of any law; (c) your prohibited conduct, including false eligibility confirmations or use of a VPN; (d) any taxes you owe; or (e) any dispute between you and a third party. This does not apply to the extent the loss was caused by the indemnified person’s own fraud or wilful misconduct.

26.Force majeure

We are not responsible for any failure or delay in performing these Terms caused by events beyond our reasonable control. These include natural disasters, war, terrorism, civil unrest, epidemics, government action, changes in law, failures of networks, power, hosting or blockchains, cyber attacks, failures of partners, the index provider, data providers or on-ramp providers, and the cancellation or disruption of esports events. While such an event lasts, we may take the steps described in section 12.

27.Changes to these Terms

We may change these Terms, the Privacy Policy and the Risk Disclosure. Each version has a version number and date, shown at the top of each document.

When we publish a new version, the App asks you to accept it. You must accept the new version before you deposit, place new orders or open new positions. Until you do, you can still cancel orders, close positions, receive settlements and withdraw your balance.

Changes required by law, or needed urgently for security or market integrity, may take effect sooner. We will tell you about them as soon as reasonably possible.

28.Complaints

If something has gone wrong, please tell us first so we can try to put it right.

1. Email support@subtickmarkets.com with your Subtick username or account email, the partner you use, if any, the market, order, position, deposit or withdrawal concerned, what happened and what you would like us to do.

2. We will acknowledge your complaint, investigate it and send you our final response in writing within 30 days. Complaints about the settlement of a market must be made within 7 days after settlement.

3. If you are not satisfied with our final response, email legal@subtickmarkets.com and a senior member of our team will review the complaint.

Please use this process before starting legal proceedings. It does not affect any right you have to complain to a public authority, including any authority that licenses us.

29.Governing law and disputes

These Terms, and any dispute about them or the Services, are governed by the laws of the Republic of Costa Rica.

Complaints first. Before starting any proceedings, you must use the complaints process in section 28 and allow us 30 days after our final response to resolve the matter.

If the complaints process does not resolve a dispute, the courts of San José, Costa Rica, have exclusive jurisdiction.

Individual claims only. You may bring claims only in your own name and for your own losses, and not as a claimant or member in any class, collective or representative proceeding. The court may not consolidate the claims of different users.

Time limit. You must start the litigation process within one year after the events giving rise to the claim, unless the law requires a longer period.

Partner Parties. The Partner Parties may rely on this section. Any claim you bring against a Partner Party arising from or relating to the Services is subject to this section.

Exceptions. Either party may ask a competent court for urgent interim relief. This section does not remove any mandatory consumer protection rights you have under the law of the country where you live.

30.General

• Entire agreement. These Terms, together with the Privacy Policy, the Risk Disclosure and the market rules, are the entire agreement between you and us about the Services. They replace any earlier agreement or statement about them.
• Severability. If any part of these Terms is found invalid or unenforceable, the rest stays in effect, and that part applies to the greatest extent the law allows.
• No waiver. If we do not enforce a right straight away, we have not given it up.
• Transfer. You may not transfer your rights or obligations under these Terms. We may transfer ours to a company that takes over the Services, and we will tell you if we do.
• Language. These Terms are written in English. If we provide a translation and it differs from the English version, the English version prevails.
• Notices. We may contact you through the App, by email or through the partner you use. You can contact us using the details in section 31.
• Survival. Sections that by their nature should continue after our agreement ends, including those on amounts owed, liability, indemnity and governing law, continue to apply.
• No agency. Nothing in these Terms creates a partnership, joint venture, agency or fiduciary relationship between you and us, or between you and any Partner Party.
• Third-party rights. Except for the Partner Parties and any index provider, as stated in sections 1, 6, 10, 24, 25 and 29, no one other than you and us has rights under these Terms.
• Electronic communications. You agree to receive agreements, notices and records from us electronically, through the App, by email or through the partner you use.

31.Contact us

Company

3-102-066254 S.R.L., trading as Subtick Markets

Legal form

sociedad de responsabilidad limitada, Costa Rica

Cédula jurídica

3102066254

Registered office

Edificio Latitud Norte, 3rd floor, Oficinas de Quatro Legal, 400 m north of Construplaza, Guachipelín, San Rafael, Escazú, San José, Costa Rica

Support

support@subtickmarkets.com

Legal

legal@subtickmarkets.com