General Terms and Conditions (GTC)

NXT STRATEGIES LLC

 

§1 Scope of Application

These General Terms and Conditions (“GTC”) apply to all contracts between NXT STRATEGIES LLC (hereinafter referred to as the “Provider”) and the Customer regarding the provision of technical IT services in connection with automated trading software.
The GTC apply to all services provided by the Provider, including setup, configuration, operation, maintenance, and technical support of virtual server environments hosting the trading software.


§2 Nature of Services

The Provider exclusively offers technical IT services. These include:

  • Setup, configuration, and integration of trading software

  • Hosting and maintenance on virtual servers

  • Technical support and system optimization

The Provider does not provide financial, legal, or tax advice, and does not engage in trading, portfolio management, or crypto-asset services. All trading decisions, strategy choices, and risk settings are made solely by the Customer.


§3 Financial Advice / MiCA Delimitation

The Provider explicitly does not provide investment advice, asset management, portfolio management, or crypto-asset services under Regulation (EU) 2023/1114 (MiCA).
The Customer remains fully responsible for:

  • All trading decisions

  • Risk levels and strategy settings

  • Monitoring and usage of the software


§4 API & Account Access

The Customer creates and manages their API keys independently on their chosen exchange.
The Provider solely performs the technical integration of the API into the trading software.
The Provider:

  • Does not access customer funds, wallets, or exchange accounts

  • Does not execute trades or manage accounts

  • Does not store sensitive account credentials beyond the technical configuration required


§5 Hosting & System Operation

The Provider hosts the trading software on virtual servers provided and maintained by the Provider.
The Provider does not guarantee uninterrupted operation but maintains system availability according to industry best practices.
The Customer uses the software, while the Provider ensures the stability and performance of the underlying technical infrastructure.


§6 Remuneration

One-Time Setup Fee

The Customer pays a one-time setup fee of 600 USD, which covers:

  • Server provisioning

  • Software installation

  • Technical configuration

Ongoing Service Fee

The monthly IT service fee is depending on usage and based on technical performance data voluntarily provided by the Customer:

  • 18% of the reported results for months 1–24

  • 16% starting from month 25, as a loyalty benefit

The Provider does not verify or control trading accounts, and this fee does not constitute a financial or performance-based remuneration in any regulatory sense.


§7 No Guarantee of Success

The Provider assumes no guarantee of results, profits, or performance.
Crypto trading involves significant risk and may result in the complete loss of invested capital.
The Provider does not provide investment recommendations or performance guarantees.


§8 Liability

The Provider is liable only for intent and gross negligence.
Liability for indirect, consequential, or incidental damages, including lost profits or trading losses, is expressly excluded to the extent permitted by law.
The Provider is not responsible for trading decisions, strategies, or market outcomes.


§9 Contract Term & Termination

The contract begins upon acceptance by both parties and remains in force until terminated.
Either party may terminate the contract with 14 days’ notice to the end of the month, unless otherwise agreed.
Termination notices must be provided in writing via email or other agreed communication channels.


§10 Data & Privacy

The Provider processes personal and technical data solely for service provision in accordance with the Privacy Policy / GDPR.
All data transmissions, API keys, and technical performance metrics are handled securely.
The Customer remains fully responsible for all trading-related data.


§11 Applicable Law & International Considerations

  • These GTC and all contractual relationships are governed by the laws of the State of Delaware, USA, to the extent permitted by mandatory local regulations.

  • For Customers outside the USA, local mandatory provisions may apply, but the core contract interpretation follows Delaware law.


§12 Severability

Should any provision of this GTC be invalid or unenforceable, the validity of the remaining provisions remains unaffected.
Invalid provisions shall be replaced by valid provisions reflecting the original intent.