Terms of Service
Last updated: January 2024
Welcome to TradeREA (https://traderea.com). These Terms of Service ("Terms") govern your access to and use of our platform, services, and website (collectively, the "Services"). Please read these Terms carefully before using our Services.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Acceptance of Terms
By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and TradeREA.
You must be at least 18 years old and have the legal capacity to enter into contracts in your jurisdiction to use our Services. If you are using our Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
2. Description of Services
TradeREA is a regulated platform for trading tokenized real estate securities. Our Services include:
- Access to a marketplace for tokenized real estate assets
- Account management and portfolio tracking tools
- Transaction processing and settlement services
- Educational resources and market information
- Customer support and related services
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice, and without liability to you.
3. User Accounts and Registration
3.1 Account Creation
To use certain features of our Services, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your account credentials
- Notify us immediately of any unauthorized access or use of your account
- Accept responsibility for all activities that occur under your account
3.2 Identity Verification
We are required by law to verify your identity and conduct Know Your Customer (KYC) and Anti-Money Laundering (AML) checks. You agree to provide all requested documentation and information for verification purposes. We reserve the right to restrict or terminate accounts that fail verification.
3.3 Account Restrictions
You may not create multiple accounts, transfer your account to another person, or use another person's account without authorization. We reserve the right to suspend or terminate accounts that violate these restrictions.
4. Acceptable Use Policy
You agree not to use our Services in any way that:
- Violates any applicable law, regulation, or government requirement
- Infringes upon the rights of others, including intellectual property rights
- Involves fraud, money laundering, or other illegal activities
- Attempts to gain unauthorized access to our systems or other users' accounts
- Interferes with or disrupts the operation of our Services
- Uses automated systems, bots, or scrapers without our written permission
- Transmits viruses, malware, or other harmful code
- Engages in market manipulation or insider trading
- Violates securities laws or regulations
We reserve the right to investigate violations of this policy and may take appropriate legal action, including reporting to law enforcement authorities.
5. Intellectual Property Rights
5.1 Our Intellectual Property
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, software, and code, are owned by TradeREA or our licensors and are protected by copyright, trademark, and other intellectual property laws.
5.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works, publicly display, or exploit any content from our Services without our prior written consent.
5.3 User Content
You retain ownership of any content you submit to our Services. By submitting content, you grant us a worldwide, royalty-free, perpetual license to use, reproduce, modify, and distribute such content for the purpose of providing and improving our Services.
6. Payment Terms and Fees
6.1 Transaction Fees
We may charge fees for certain transactions and services. All fees will be clearly disclosed before you complete a transaction. Fees are non-refundable unless otherwise stated or required by law.
6.2 Payment Methods
You may fund your account using approved payment methods. We reserve the right to reject any payment method at our discretion. You are responsible for ensuring sufficient funds are available for transactions.
6.3 Refunds
Refund policies vary by transaction type and are subject to applicable laws and regulations. Generally, completed transactions are final, except as required by law or as otherwise specified in our refund policy.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRADEREA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
8. Indemnification
You agree to indemnify, defend, and hold harmless TradeREA and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of our Services
- Your violation of these Terms
- Your violation of any law or regulation
- Your infringement of any rights of another party
9. Dispute Resolution
9.1 Informal Resolution
Before filing a claim, you agree to contact us at support@traderea.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days of receiving your notice.
9.2 Binding Arbitration
If we cannot resolve the dispute informally, you agree that any dispute arising out of or relating to these Terms or our Services will be resolved through binding arbitration in accordance with the rules of a recognized arbitration organization, rather than in court.
9.3 Class Action Waiver
You agree that disputes will be resolved on an individual basis and waive any right to participate in a class action, consolidated action, or representative proceeding.
10. Termination
10.1 Termination by You
You may terminate your account at any time by contacting us or using account deletion features in your account settings, subject to completing any pending transactions and complying with applicable laws.
10.2 Termination by Us
We may suspend or terminate your account and access to our Services immediately, without prior notice, if you:
- Violate these Terms or our policies
- Engage in fraudulent or illegal activity
- Fail to comply with legal or regulatory requirements
- Pose a risk to our Services or other users
10.3 Effect of Termination
Upon termination, your right to use our Services will immediately cease. We may retain your information as required by law or for legitimate business purposes. Provisions of these Terms that by their nature should survive termination will survive.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of [Jurisdiction].
12. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our Services after such changes constitutes acceptance of the updated Terms.
If you do not agree to the modified Terms, you must stop using our Services and may terminate your account.
13. Miscellaneous
13.1 Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and TradeREA regarding your use of our Services.
13.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
13.3 Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
13.4 Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
14. Contact Us
If you have questions about these Terms, please contact us:
Email: support@traderea.com
Website: https://traderea.com