In this notice, “WHY” means Why Protocol LTD, the legal entity providing
Why Trade and the technology branded as Why Protocol.
WHY provides non-custodial software technology. The Services may allow users to
receive algorithmically generated trading information and, where activated by the user,
connect a third-party exchange account through an API and automatically transmit trade
instructions in accordance with the strategies, functionality and risk parameters
selected or accepted by the user.
WHY does not accept deposits, receive, hold, safeguard or take custody of users’
fiat currency, digital assets or private keys. Users’ assets remain in their own
accounts with independent third-party exchanges. WHY does not have ownership of those
accounts or authority to withdraw or transfer users’ assets. Users must only provide
API credentials with withdrawal and transfer permissions disabled.
No financial advice
WHY does not provide personal financial, investment, legal, tax or accounting
advice. Nothing made available through the website, platform, bot, Telegram interface,
software or related communications constitutes an offer, solicitation, personal
recommendation or advice to buy, sell, hold or otherwise transact in any digital asset
or financial product.
Trading signals, AI-generated outputs, market analyses, rankings, forecasts,
strategy selections, risk indicators, backtests and automated trade instructions are
generated by software and are not tailored to any user’s personal financial
circumstances. Users remain solely responsible for determining whether the Services,
any selected strategy and every enabled trading parameter are appropriate for them.
Automated-trading authorisation
When automated trading is enabled, orders may be transmitted to the user’s connected
exchange without further confirmation from the user. By enabling this functionality,
the user expressly authorises WHY’s software to transmit orders in accordance with the
selected or accepted strategy and settings.
The user remains responsible for activating, configuring, monitoring, pausing and
disabling the Services and for reviewing all orders, positions and account activity on
the connected exchange.
Digital-asset and trading risks
Virtual assets may lose their value in full or in part and are subject to extreme
volatility. You may lose all money or other value allocated to trading and may not
benefit from any form of financial protection.
Trading futures, perpetual contracts, margin products or other leveraged instruments
involves an especially high level of risk. Market movements can result in rapid losses,
forced liquidation and, where applicable, liabilities exceeding the amount initially
allocated.
Past performance, live performance, simulated results and backtested results are not
reliable indicators of future performance. Hypothetical results have inherent
limitations and may not accurately reflect liquidity, slippage, fees, funding costs,
latency or actual market conditions. No strategy, algorithm, AI system or risk-control
mechanism can eliminate trading risk or guarantee profits, loss prevention or any
particular outcome.
Technology and third-party risks
The Services depend on software, internet connections, market-data providers, APIs,
third-party exchanges and other systems outside WHY’s control. Failures may include
delayed, rejected, duplicated, incomplete or incorrectly transmitted orders; inaccurate,
delayed or missing data; software defects; connectivity problems; cybersecurity
incidents; exchange downtime; unexpected exchange rules; insufficient liquidity;
slippage; partial fills; liquidation events and account restrictions.
Orders are executed, settled and custodied by the user’s selected third-party
exchange, not by WHY. WHY does not control an exchange’s execution price, availability,
solvency, security, fees, funding rates, liquidation processes or treatment of user
assets.
The Services are provided on an “as available” basis. WHY does not warrant that they
will always be available, uninterrupted, secure, error-free, compatible with every
exchange or profitable.
User responsibility
By accessing or using the Services, connecting an exchange account or activating
automated trading, the user acknowledges and agrees that:
- the user makes and remains responsible for all investment and trading decisions;
- the user accepts all market, leverage, liquidation, technology, cybersecurity and
third-party exchange risks;
- the user is responsible for securing their exchange account and API credentials;
- the user must monitor their account and maintain sufficient safeguards and risk
limits;
- the user is responsible for ensuring that use of the Services and the selected
exchange is lawful in their jurisdiction; and
- the user has read and accepted the Terms of Use, Risk Warning and Privacy Notice.
Users should only trade products they understand, only risk amounts they can afford
to lose and obtain advice from an independent qualified professional where
appropriate.
Limitation of liability
To the fullest extent permitted by applicable law and subject to the Terms of Use,
WHY and its directors, officers, employees, contractors, technology providers and
affiliates shall not be liable for losses arising from market movements, trading
decisions, selected strategies, automated orders, liquidation, user settings, exchange
actions, API failures, inaccurate or delayed data, connectivity failures, cybersecurity
events or other third-party systems.
WHY shall not be liable for any indirect, incidental, special, consequential or
loss-of-profit damages. Nothing in this disclaimer or the Terms of Use excludes or
limits any liability that cannot lawfully be excluded or limited.
The Services are not offered in any jurisdiction where their offering or use would
be unlawful. Availability of the website does not mean that the Services are authorised
or suitable in every jurisdiction.
For complete information, please read our Terms of Use, Risk Warning and Privacy
Notice before using the Services.