MFX Hub Terms of Service
These terms are an agreement between you and KUDMANI PTY LTD (ABN 46 620 061 814), trading as MFX Hub ("we", "us", "our"). They apply when you or your organisation register for, are given access to, or use MFX Hub, including its API, SDKs, console, status page and any related service (together, the "Service").
If you accept these terms for an organisation, you confirm that you are authorised to bind it, and "you" means that organisation. If you do not agree with these terms, do not use the Service.
1. Definitions
- Account: your organisation's account on MFX Hub, including its users, keys and settings.
- Order Form: a signed order, quote or plan selection that sets out what you buy, its price and any service levels.
- Trading Account: an account you hold with a broker or other financial institution, which you connect to the Service.
- Third-Party Software: software made by someone other than us that runs within the Service at your request, such as trading terminal software and its components.
- Your Code: expert advisors, indicators, scripts, libraries and other code that you or your users upload to the Service.
- Your Data: data you or your Trading Accounts send to or through the Service, including credentials, orders, positions, history and Your Code.
2. The Service
2.1 MFX Hub is a managed infrastructure service. We operate cloud infrastructure on which trading terminal software and related workloads you choose are installed and run for you, and we give you access to them through our API, SDKs and console.
2.2 We are a technology provider. We are not a broker, dealer, exchange, investment adviser or portfolio manager. We do not hold client money, do not trade on our own account, do not give financial advice and do not decide what you trade.
2.3 We may improve, change or withdraw features of the Service. If a change materially reduces what you have paid for, we will tell you in advance where we reasonably can.
3. Your Trading Accounts and our authority
3.1 Every Trading Account connected to the Service must be yours, or one you are authorised to operate. You remain responsible for your relationship with your broker.
3.2 You appoint us to act on your behalf, only to provide the Service: to install, run, update, restart and stop the software needed for your Trading Accounts on infrastructure we operate, and to sign in to your Trading Accounts with the credentials you give us.
3.3 You confirm that your broker's terms allow access to your Trading Accounts through a third-party service and allow automated trading where you use it.
4. Third-party software, services and licences
4.1 The Service runs Third-Party Software and connects to brokers and other third-party services. Your use of them is governed by the agreements between you and those third parties, including any end-user licence for the Third-Party Software.
4.2 You are the licensee of the Third-Party Software run for you. You are responsible for accepting and complying with its licence terms and for obtaining any permission it requires. Where the Service shows you a third party's licence or terms, you accept them directly with that third party.
4.3 We do not sell, license, sublicense, rent or lease any Third-Party Software. Our fees are for the infrastructure we operate, its management, API access and support.
4.4 We do not control third parties. If a third party changes its terms, withdraws its software, changes how it works or blocks access, we may suspend or change the affected part of the Service. We will tell you as early as we reasonably can.
5. Your Code
5.1 You keep all rights in Your Code. You grant us a non-exclusive licence to store, build, scan, review and run Your Code only to provide the Service to you.
5.2 Before Your Code runs, we check it automatically for security, performance and trading risks. We may refuse, stop or remove code that our checks or our published policy identify as unsafe, and we will tell your nominated contact why.
5.3 You are responsible for what Your Code does and for its trading results. You confirm that you have the right to use and upload it.
6. Credentials and security
6.1 You give us Trading Account credentials only through the Service. We store them encrypted and release them only to the terminal that signs in for you. We never ask for passwords by email, chat or phone.
6.2 You keep your API keys and console sign-in secret, and you are responsible for activity under your Account. Tell us at once if you suspect that a key, credential or user has been compromised.
7. Acceptable use
You must not, and must not allow anyone to:
- use the Service unlawfully, or while you or your organisation are subject to sanctions that prohibit it;
- use the Service to manipulate markets, prices or trading conditions, or to defraud anyone;
- upload malicious code, attack or probe the Service or other customers, or try to get around its limits, checks or security;
- reverse engineer, decompile or copy the Service, except where the law allows despite this restriction;
- place a load on the Service that harms other customers, other than as your plan allows;
- connect a Trading Account you are not authorised to operate, or share your Account with another organisation.
8. No resale and no competing service
8.1 You may use the Service for your own business and to serve your own customers through your own products.
8.2 You must not resell, sublicense, rent or otherwise make the Service itself available to others as a hosting, terminal or API service, or use it to build a service that competes with it, without our written permission.
9. Fees and payment
9.1 You pay the fees set out in your Order Form or the plan you choose. Fees exclude taxes; we add GST or other taxes where they apply.
9.2 We invoice as your Order Form or plan says. If an invoice is overdue by more than 14 days, we may suspend the Service after giving you notice.
9.3 We may change our prices at any time by giving you at least 15 days' notice. A new price applies from the start of your first billing cycle that begins after the notice period ends.
9.4 All fees are non-refundable. We do not give refunds or credits, in whole or in part, for any reason, including if you stop using the Service, close your Account or downgrade your plan before the end of a billing period, if we suspend or end the Service under these terms, or if the Service is degraded or unavailable. This clause is subject only to clause 15.4.
10. Availability and support
10.1 The Service is provided "as is" and "as available". We do not promise that it will be uninterrupted, timely, error-free or free of degradation, or that any terminal, order, quote or data will be delivered, executed or accurate.
10.2 The Service may be degraded or unavailable at any time, in whole or in part, including through outages, faults, maintenance, failures of our providers, brokers, markets, networks or Third-Party Software, or events outside our control. We publish the Service's state on our status page for information only.
10.3 We may carry out maintenance at any time. Where it affects your terminals, we try to give notice, but we are not obliged to.
10.4 Service levels and service credits apply only where your Order Form sets them out, and a service credit is then your only remedy for the Service falling short of them.
10.5 You are responsible for having your own arrangements to manage your trading and your risk if the Service is degraded or unavailable.
11. Trading risk
Trading in financial products carries a high risk of loss. All trading decisions, orders and results are yours, including those placed by Your Code or by your systems through the Service. Nothing in the Service is advice or a recommendation.
12. Your data and privacy
12.1 Your Data remains yours. We use it only to provide, secure and support the Service and as the law requires.
12.2 Our Privacy Statement explains how we handle personal information. Where we process personal information on your behalf, we do so on your instructions.
12.3 When the agreement ends, you may export Your Data for 30 days. After that we delete it, except for records we must keep by law and audit records of actions taken in your Account.
13. Our intellectual property
We and our licensors own the Service, its software and its documentation. These terms give you a right to use the Service while they are in force and nothing more. If you send us feedback, we may use it without any obligation to you.
14. Confidentiality
Each of us will keep the other's confidential information confidential, use it only for this agreement, and protect it with at least reasonable care. This does not apply to information that is public, already known to the recipient, or that the law requires to be disclosed.
15. Liability
15.1 To the fullest extent the law allows, we, our officers, employees, contractors and suppliers have no liability to you or to anyone claiming through you for any loss, damage, cost or claim of any kind arising from or in connection with the Service or these terms, however it arises, whether in contract, tort (including negligence), under statute or otherwise.
15.2 Without limiting clause 15.1, this includes any loss arising from: the Service being degraded, interrupted or unavailable; orders that are delayed, rejected, duplicated, not placed or not closed; quotes, prices or data that are late, missing or wrong; Your Code; Third-Party Software, brokers, markets or other third parties; security incidents; loss or corruption of data; and any trading loss, loss of profit, revenue, business or opportunity, and indirect or consequential loss.
15.3 You use the Service at your own risk. You acknowledge that you have not relied on any statement by us that is not in these terms.
15.4 Nothing in these terms excludes, restricts or modifies any right or remedy that cannot be excluded, restricted or modified by law, including guarantees under the Australian Consumer Law. Where the law allows our liability for such a right or guarantee to be limited, it is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
15.5 If, despite clauses 15.1 to 15.4, we are found liable to you, our total liability for all claims is limited to the fees you paid us in the one month before the event giving rise to the first claim.
16. Indemnity
You indemnify us against claims, losses and costs arising from Your Code, your trading, your breach of these terms, your breach of a third party's terms or licence, or your use of a Trading Account you were not authorised to operate.
17. Suspension and termination
17.1 You may end this agreement at any time by closing your Account, subject to any minimum term in your Order Form.
17.2 We may suspend or end the Service if you materially breach these terms and do not fix the breach within 14 days of our notice, immediately if the breach puts the Service, other customers or third parties at risk, or if the law or a third party on which the Service depends requires it.
17.3 Clauses 12.3, 13 to 16, 19 and 20 survive the end of this agreement.
18. Changes to these terms
18.1 We publish each version of these terms with its version number and the date it takes effect. Earlier versions remain available.
18.2 We give at least 30 days' notice of a change that materially affects you, by email to your nominated contacts and by publishing the new version with the date it takes effect. Other changes take effect when published. If you continue to use the Service after a change takes effect, the new version applies.
19. Governing law
These terms are governed by the laws of New South Wales, Australia. Each of us submits to the non-exclusive jurisdiction of the courts of New South Wales.
20. General
20.1 If your Order Form conflicts with these terms, the Order Form applies.
20.2 Neither of us may assign this agreement without the other's consent, except to a successor of its business.
20.3 Neither of us is liable for delay or failure caused by events beyond its reasonable control.
20.4 If a provision is unenforceable, the rest of these terms continue to apply. A failure to enforce a right is not a waiver of it.
20.5 These terms and your Order Form are the entire agreement between us about the Service.