Terms and Conditions

1. Introduction and Acceptance of Terms

These Terms and Conditions (the “Terms”) govern access to and use of the Alpha Node website, dashboard, and related software services (collectively, the “Service”), provided by Alpha Node (“Alpha Node”, “we”, “us”, or “our”). By creating an account, connecting a wallet, or otherwise accessing or using the Service, you (“User”, “you”, or “your”) agree to be bound by these Terms in full. If you do not agree to these Terms, you must not access or use the Service.

These Terms constitute a legally binding agreement between you and Alpha Node. You should read them carefully, together with any policy referenced herein, before using the Service. Certain disclosures in these Terms are informed by, and make reference to, Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets (“MiCA”), to the extent relevant to the nature of the Service as described in Section 3.

2. Definitions

• “Service” means the Alpha Node website, dashboard, APIs, and any software functionality made available to Users, including the configuration and operation of Grid Bots and Trading Bots.
• “Grid Bot” / “Trading Bot” means an automated software routine, configured by the User through the Service, that submits transaction requests for execution via the User’s own connected wallet according to parameters selected and authorized by the User (e.g. price ranges, order size, pairs, strategy logic).
• “Wallet” means a third-party, non-custodial software wallet (such as MetaMask) controlled exclusively by the User, through which the User holds private keys, seed phrases, and crypto-assets, and through which the User authorizes and cryptographically signs transactions.
• “Crypto-Asset” has the meaning given in Article 3(1)(5) of MiCA: a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology.
• “Smart Contract” means self-executing code deployed on a public blockchain, including third-party protocols (such as the BaseProtocol contract referenced in the Service) that the User interacts with directly through the Wallet.
• “Content” means any data, configuration, analytics, or output generated by or through the Service.

3. Nature of the Service: Non-Custodial Software Automation

Alpha Node provides software tooling only. Alpha Node is not a bank, broker, exchange, custodian, asset manager, or financial intermediary of any kind. Specifically:

• Alpha Node does not, at any time, take custody, possession, or control of any User’s crypto-assets, funds, private keys, or seed phrases.
• All bots (Grid Bots and Trading Bots) operate exclusively through the User’s own Wallet (e.g. MetaMask). Every on-chain transaction, swap, order, and smart-contract interaction is initiated according to parameters set by the User and must be authorized and cryptographically signed by the User (or by an on-chain allowance/permission the User has explicitly granted from their own Wallet), before it can be broadcast to the relevant blockchain.
• The User retains full, exclusive, and continuous control over their Wallet, private keys, seed phrase, on-chain approvals (allowances), and crypto-assets at all times. Alpha Node has no ability to move, freeze, withdraw, or otherwise dispose of a User’s crypto-assets independently of the permissions the User has granted on-chain.
• Alpha Node’s role is limited to providing the interface, automation logic, monitoring, and signal generation that allow the User to configure and instruct their own Wallet to interact with public, third-party smart contracts and liquidity venues.

4. Regulatory Status under EU Regulation 2023/1114 (MiCA)

MiCA applies to natural and legal persons that are engaged in the issuance, offer to the public, or admission to trading of crypto-assets, or that provide services related to crypto-assets in the Union (Article 2(1) MiCA). Alpha Node does not issue, offer to the public, or seek the admission to trading of any crypto-asset, crypto-asset white paper, asset-referenced token, or e-money token. Titles II, III, and IV of MiCA are therefore not applicable to Alpha Node’s activities.

Article 3(1)(16) of MiCA defines “crypto-asset service” as an exhaustive list of activities, including, among others: custody and administration of crypto-assets for clients, operating a trading platform, exchanging crypto-assets for funds or other crypto-assets, execution, placing, or reception and transmission of orders on behalf of clients, providing advice on crypto-assets, and providing portfolio management or transfer services on behalf of clients. Alpha Node does not perform any of these activities as principal or intermediary, because:

• Alpha Node never holds or controls crypto-assets or the means of access to them (no custody or administration within the meaning of Article 3(1)(17) MiCA);
• Alpha Node does not operate a multilateral system matching third party trading interests within the meaning of Article 3(1)(18) MiCA, nor does it act as a counterparty using its own capital within the meaning of Article 3(1)(19)–(20) MiCA;
• transactions are not concluded, executed, or placed by Alpha Node “on behalf of” the User within the meaning of Article 3(1)(21)–(23) MiCA: every transaction is constructed from parameters the User has configured and is broadcast only once authorized and signed directly by the User through their own Wallet, so that Alpha Node acts, at most, as an instructed automation tool rather than as an intermediary exercising discretion or custody over client assets;
• Alpha Node does not provide investment advice or personalized recommendations within the meaning of Article 3(1)(24) MiCA, nor discretionary portfolio management within the meaning of Article 3(1)(25) MiCA (see Section 6 below); and
• Alpha Node does not provide transfer services within the meaning of Article 3(1)(26) MiCA, as it never gains access to or control over the crypto-assets being transferred.

Recital (22) of MiCA clarifies that where crypto-asset services are provided in a fully decentralized manner, without any intermediary, they should not fall within the scope of MiCA. Consistently with this principle, Alpha Node’s Grid Bots and Trading Bots function as client-side, non-custodial automation tools: the User alone authorizes and signs each interaction with public blockchain protocols via their own Wallet, without Alpha Node interposing itself as an intermediary with custody, discretion, or control.

On this basis, Alpha Node does not provide crypto-asset services within the meaning of Article 3(1)(16) MiCA and is not required to be, and is not, authorized as a crypto-asset service provider (“CASP”) under Article 59 MiCA. Should the scope, functionality, or regulatory classification of the Service change in a way that brings it within the scope of MiCA or of any other applicable financial services legislation, Alpha Node will update these Terms and take any steps required by law, including seeking the relevant authorization before continuing to offer the affected functionality.

Notwithstanding the foregoing, and without this constituting an acknowledgment of CASP status or the assumption of any additional regulatory obligation, Alpha Node voluntarily aligns its conduct with certain principles reflected in Articles 66 and 70 MiCA (acting honestly, fairly, and professionally, and communicating with Users in a manner that is correct, clear, and not misleading) as a matter of best practice.

5. Eligibility and Account Registration

To use the Service you must be at least 18 years old and have the legal capacity to enter into a binding contract. You represent and warrant that your use of the Service complies with all laws applicable to you, including any restrictions in your country or state of residence relating to the use of crypto-asset software, trading tools, or automated transaction software. You are solely responsible for determining whether your use of the Service is lawful in your jurisdiction.

You agree to provide accurate registration information, to keep your login credentials confidential, and to notify Alpha Node promptly of any unauthorized access to your account. You are responsible for all activity that occurs through your account, except to the extent caused by Alpha Node’s gross negligence or willful misconduct.

6. No Financial Advice; No Investment Recommendations

Nothing made available through the Service — including bot templates, playbooks, analytics, historical performance data, notifications, or any other Content — constitutes investment advice, a personal recommendation, or an offer or solicitation to buy, sell, or hold any crypto-asset. Alpha Node does not provide advice on crypto-assets within the meaning of Article 3(1)(24) MiCA and does not assess the suitability or appropriateness of any crypto-asset, strategy, or bot configuration for your personal circumstances, financial situation, knowledge, experience, or risk tolerance.

Any decision to configure, deploy, modify, or stop a bot, to grant or revoke an on-chain allowance, or to otherwise use the Service in connection with any crypto-asset is made solely and independently by you. You are strongly encouraged to seek independent professional advice, including legal, tax, and financial advice, before using the Service.

7. No Guarantee of Profit; Trading and Market Risk

Trading and holding crypto-assets involves a significant risk of loss. The value of crypto-assets can be extremely volatile and can decrease or be reduced to zero. Consistently with the risk warnings required of crypto-asset white papers under Article 6(5) MiCA, you acknowledge and accept that:

• a crypto-asset may lose all or part of its value;
• a crypto-asset may not always be transferable;
• a crypto-asset may not be liquid;
• crypto-assets are not covered by any investor compensation scheme (such as those referred to in Directive 97/9/EC) or by any deposit guarantee scheme (such as those referred to in Directive 2014/49/EU);
• past or simulated performance of a bot, strategy, or playbook is not indicative of, and does not guarantee, any future result.

Alpha Node makes no representation, warranty, or guarantee, express or implied, regarding any profit, return, yield, or outcome from the use of the Service. You alone bear the entire risk of loss arising from your use of any bot, strategy, or configuration, including losses caused by market movements, slippage, gas fees, liquidity conditions, or the User’s own configuration choices.

8. Blockchain, DeFi, and Smart Contract Risk

The Service interacts with public blockchains and third-party, decentralized protocols (including the BaseProtocol smart contract referenced in the Service) that are outside Alpha Node’s ownership, custody, or control. You acknowledge and accept the following non-exhaustive risks:

• Smart contract risk: third-party smart contracts, including those governing token swaps, liquidity pools, or on-chain allowances, may contain bugs, vulnerabilities, or be subject to exploits, and may behave in ways inconsistent with their intended design, resulting in partial or total loss of funds.
• Blockchain network risk: network congestion, forks, reorganizations, validator or miner behavior, consensus failures, or changes in protocol rules may delay, alter, or prevent the execution of a transaction.
• On-chain allowance risk: any ERC-20 token allowance you grant to a smart contract from your Wallet remains active and exploitable according to its on-chain terms until you revoke it yourself, directly from your Wallet or through a blockchain explorer; Alpha Node cannot revoke an allowance on your behalf.
• Irreversibility: blockchain transactions are generally irreversible once confirmed. Alpha Node cannot reverse, cancel, or refund a transaction that has been broadcast from your Wallet.
• Third-party dependency risk: the Service may depend on third-party infrastructure (RPC providers, oracles, liquidity venues, wallet providers such as MetaMask) that Alpha Node does not control and for which Alpha Node makes no availability or accuracy guarantee.

9. Software Risk: Bugs, Downtime, and Service Interruptions

The Service is provided on an evolving basis and may contain bugs, errors, or other defects. Alpha Node does not guarantee that the Service will be uninterrupted, timely, secure, error-free, or that any bot will execute as configured. Downtime, maintenance, third-party outages, network conditions, or software defects may prevent a bot from acting on a signal, opening or closing a position, or otherwise performing as intended, potentially resulting in financial loss. You accept these risks as inherent to the use of automated, blockchain-connected software.

10. Fees and Subscriptions

Alpha Node may charge subscription or usage fees for access to certain features of the Service, as described on the Service at the time of purchase. Fees charged by Alpha Node are separate from, and do not include, blockchain network (gas) fees, third-party protocol fees, slippage, or any other cost incurred on-chain, all of which are borne exclusively by you and settled directly from your Wallet. Fees are non-refundable except as required by applicable mandatory consumer-protection law.

11. Acceptable Use

You agree that you will not use the Service to:

• engage in insider dealing, unlawful disclosure of inside information, or market manipulation in relation to any crypto-asset admitted to trading on a trading platform, as prohibited under Articles 89, 90, and 91 of MiCA and any equivalent provision of applicable law;
• engage in money laundering, terrorist financing, fraud, or any other unlawful or fraudulent activity;
• circumvent, disable, or interfere with security-related features of the Service;
• reverse-engineer, decompile, or attempt to extract the source code of the Service, except to the extent expressly permitted by law;
• use the Service in violation of the sanctions, export control, or other laws of any applicable jurisdiction.

Because every transaction is authorized and signed by you through your own Wallet, you remain solely and exclusively responsible for ensuring that your trading activity, including activity carried out through automated bots, complies with all applicable market conduct and financial services laws. Alpha Node reserves the right to suspend or terminate access to the Service for any User reasonably suspected of violating this Section.

12. Intellectual Property

The Service, including its software, design, trademarks, logos, and documentation, is owned by Alpha Node or its licensors and is protected by applicable intellectual property laws. Subject to your compliance with these Terms, Alpha Node grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business use. No other rights are granted.

13. Third-Party Services and Links

The Service may integrate with, link to, or rely on third-party services, including wallet providers (such as MetaMask), blockchain networks, price oracles, and decentralized protocols. Alpha Node does not control, endorse, or assume any responsibility for the content, functionality, security, or availability of any third-party service. Your use of any third-party service is subject to that provider’s own terms and privacy practices.

14. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted or error-free operation. Alpha Node does not warrant that any bot, strategy, or feature will meet your requirements or achieve any particular result.

15. Limitation of Liability

To the maximum extent permitted by applicable law, Alpha Node, its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or crypto-assets, arising out of or in connection with your use of, or inability to use, the Service, including but not limited to losses arising from:

• market volatility, slippage, or the performance of any crypto-asset;
• the operation, exploitation, or failure of any smart contract or blockchain network not owned or controlled by Alpha Node;
• unauthorized access to your Wallet, loss of your private keys or seed phrase, or any on-chain allowance you have granted;
• bugs, downtime, delays, or interruptions of the Service or of any third-party infrastructure it relies upon; or
• any decision you make to configure, deploy, modify, or stop a bot.

In any event, and to the extent permitted by applicable law, Alpha Node’s aggregate liability arising out of or relating to these Terms or the Service shall not exceed the amount of fees actually paid by you to Alpha Node (excluding on-chain network and protocol fees) in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable mandatory law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

16. Indemnification

You agree to indemnify and hold harmless Alpha Node and its officers, employees, and affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any applicable law or third-party right, except to the extent caused by Alpha Node’s gross negligence or willful misconduct.

17. Suspension and Termination

Alpha Node may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, including where Alpha Node reasonably believes you have violated these Terms, engaged in unlawful conduct, or where required by applicable law. You may stop using the Service at any time. Because the Service is non-custodial, termination or suspension of your account does not affect your ability to access your own Wallet or crypto-assets directly, and you remain solely responsible for managing and, where you consider it appropriate, revoking any on-chain allowance you have granted.

18. Changes to these Terms

Alpha Node may amend these Terms from time to time, including to reflect changes in the Service, in applicable law (including any future application of MiCA, national implementing measures, or other financial services legislation to the Service), or in market practice. Where changes are material, Alpha Node will provide reasonable notice, such as by posting an updated version of these Terms on the Service and updating the “Last updated” date above. Continued use of the Service after such changes take effect constitutes acceptance of the revised Terms.

19. Data Protection

Alpha Node processes personal data in connection with the Service in accordance with applicable data protection law, including, where applicable, Regulation (EU) 2016/679 (GDPR). Further details are, or will be, set out in a separate privacy notice made available on the Service.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws applicable at Alpha Node’s place of establishment, without prejudice to any mandatory consumer-protection or other statutory provisions of the jurisdiction in which you are habitually resident that cannot be derogated from by agreement. Any dispute arising out of or in connection with these Terms shall first be addressed through good faith negotiation between the parties and, failing resolution, shall be submitted to the competent courts, subject to any mandatory jurisdiction available to you as a consumer under applicable law.

21. Severability and Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. These Terms, together with any policy referenced herein, constitute the entire agreement between you and Alpha Node regarding the Service and supersede any prior agreements or understandings.

22. Contact

Questions about these Terms may be sent to our support channel available through the Service.