Terms of Service

Welcome to Deribook. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) andSoftFin Tech SA, a company registered in Switzerland(“Company”, “we”, “us”, or “our”), governing your access to and use of the Deribookplatform, including its website, application, APIs, and all related services (collectively, the “Service”).

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

These Terms apply to all visitors, registered users, and any other persons who access or use the Service, including users who link exchange trading accounts, configure dashboards, or access analytics features.

Deribook is a software-as-a-service (“SaaS”) analytics platform designed for crypto derivatives traders. The Service provides:

• Portfolio analytics and real-time Greeks analysis (Delta, Gamma, Vega, Theta, and others) for crypto derivatives positions.
• Profit and loss (P&L) tracking, historical performance metrics, and trade history analysis.
• Risk metrics, margin analysis, and position monitoring tools.
• Composable, customizable dashboards with configurable widgets.
• Read-only integration with supported cryptocurrency exchanges (currently Deribit, with additional exchanges planned) via user-provided API keys.
• Market data visualization and analytics based on publicly available exchange data.

To use the Service, you must:

• Be at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is higher.
• Have the legal capacity to enter into a binding contract with the Company.
• Not be a person barred from using the Service under the laws ofSwitzerland or any other applicable jurisdiction.
• Comply with all applicable local, national, and international laws and regulations, including but not limited to those relating to cryptocurrency trading, derivatives, and financial services.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

To access the Service, you must create a Deribook account. By creating an account, you agree to:

• Provide accurate, current, and complete registration information and keep it up to date.
• Maintain the confidentiality and security of your account credentials, including your password, and enable two-factor authentication (2FA) when available.
• Notify us immediately at support@deribook.com of any unauthorized use of your account or any other breach of security.
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you.

Deribook offers multiple subscription tiers. Specific features, limitations, and pricing for each tier are described on our pricing page and may be updated from time to time.

Payment terms: Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as selected). All fees are quoted in the currency displayed at the time of purchase and are non-refundable except as expressly set forth herein or as required by applicable law.

Automatic renewal: Paid subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel auto-renewal at any time through your account settings.

Price changes: We reserve the right to modify our pricing. We will notify you of any price changes at least 30 days in advance. Continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.

Taxes: You are responsible for all applicable taxes, duties, and levies imposed by taxing authorities in connection with your use of the Service. All fees are exclusive of taxes unless stated otherwise.

You agree to use the Service only for lawful purposes and in compliance with these Terms. You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable local, national, or international law or regulation.
• Attempt to reverse-engineer, decompile, disassemble, or extract source code from the Service or any part thereof.
• Circumvent, disable, or otherwise interfere with usage limits, rate limits, security features, or access controls of the Service.
• Share, transfer, or disclose your account credentials or third-party API keys to unauthorized persons.
• Use automated scripts, bots, spiders, crawlers, or similar tools to access, scrape, or extract data from the Service, or to overload our infrastructure.
• Resell, redistribute, sublicense, or otherwise commercially exploit access to the Service or any data obtained through the Service without our prior written consent.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Introduce viruses, trojans, worms, or other malicious or harmful code or material into the Service.
• Use the Service to engage in market manipulation, fraud, money laundering, or any other illegal financial activity.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation suspending or terminating the offender's account and reporting such activity to law enforcement authorities.

The Service, including its software, design, text, graphics, logos, icons, images, algorithms, data compilations, and all other original content, features, and functionality, are and shall remain the exclusive property of SoftFin Tech SA and its licensors. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws of Switzerland and international treaties.

Our trademarks, trade names, and trade dress may not be used in connection with any product or service without our prior written consent.

Your data: You retain all ownership rights to your trading data and any content you provide to the Service. By using the Service, you grant us a limited, non-exclusive, revocable license to access, process, and display your data solely for the purpose of providing the Service and its analytics features to you. We do not claim ownership of your data and will not use it for purposes unrelated to the provision of the Service without your explicit consent.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, the Company does not represent or warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.
• The analytics, metrics, calculations, or data displayed on the platform will be accurate, complete, reliable, or current.
• Data retrieved from third-party exchanges via API will be free from errors, delays, or omissions.
• The Service will meet your specific requirements or expectations.
• Any errors or defects in the Service will be corrected.

Past performance metrics displayed on the platform do not guarantee or predict future results. You acknowledge that you use the Service and rely on any information obtained through it at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOFTFIN TECH SA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind.
• Any loss of profits, revenue, data, use, goodwill, or other intangible losses.
• Any trading losses or financial losses resulting from trading decisions made using, or based on, data, analytics, or information displayed on the platform.
• Any unauthorized access to, alteration of, or loss of your data, transmissions, or content.
• Any interruption, suspension, or termination of the Service.
• Any errors, inaccuracies, or omissions in the data retrieved from third-party exchange APIs.

IN ANY CASE, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY IN SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B)ONE HUNDRED SWISS FRANCS (CHF 100.00).

The limitations set forth in this section shall apply regardless of the form of action, whether the claim is based on contract, tort (including negligence), strict liability, or any other legal or equitable theory, and whether or not the Company has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you; in such cases, the Company's liability shall be limited to the fullest extent permitted by applicable law.

You agree to indemnify, defend, and hold harmless SoftFin Tech SA, its directors, officers, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right; (d) any unauthorized use of your account; (e) any trading decisions or financial losses you incur; or (f) any data, content, or information you submit to, transmit through, or retrieve via the Service.

The Service integrates with and relies on third-party services, including but not limited to cryptocurrency exchanges (e.g., Deribit), cloud infrastructure providers (e.g., Google Cloud, Firebase, Vercel), payment processors, and analytics services.

We are not responsible for the availability, accuracy, legality, or quality of any third-party services, nor for any acts or omissions of third-party service providers. Your use of third-party exchange platforms is governed by their respective terms of service and policies, and you are responsible for compliance therewith.

We do not endorse and are not liable for any losses resulting from the acts or omissions of any third-party exchange, including but not limited to exchange downtime, data feed interruptions, API changes, or exchange insolvency.

Termination by the Company: We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms, suspected fraudulent or illegal activity, or at our sole discretion. Upon termination, your right to use the Service ceases immediately.

Termination by you: You may delete your account at any time through your account settings or by contacting us at support@deribook.com. Deletion of your account constitutes termination of these Terms.

Effects of termination: Upon termination: (a) all licenses and rights granted to you under these Terms will immediately cease; (b) you must cease all use of the Service; (c) any outstanding fees owed by you become immediately due and payable; and (d) we will delete your personal data and stored API keys within 30 days, subject to our data retention obligations under applicable law.

Sections 7 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 13 (Governing Law), and 14 (Dispute Resolution) shall survive any termination of these Terms.

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the substantive laws ofSwitzerland, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Informal resolution first: Before filing any formal legal claim, you agree to first attempt to resolve the dispute informally by contacting us at legal@deribook.com. We will attempt to resolve the dispute informally within 60 days of receiving your notice.

Jurisdiction: If the dispute cannot be resolved informally, any legal action or proceeding shall be brought exclusively before the competent courts of the Canton of Ticino, Switzerland, and you consent to the personal jurisdiction and venue of such courts. Notwithstanding the foregoing, mandatory consumer protection laws of your country of residence may entitle you to bring proceedings in your local courts.

Class action waiver: To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class action, consolidated action, or representative action.

The Company shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including but not limited to: natural disasters, pandemics, acts of war or terrorism, government actions or sanctions, cyber-attacks, power outages, internet or telecommunications failures, failures of third-party exchange APIs, cryptocurrency network failures or congestion, regulatory changes, or labor disputes.

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which describes in detail the types of data we collect, how we use it, the legal basis for processing, your rights under applicable data protection laws (including the Swiss Federal Act on Data Protection and, where applicable, the EU General Data Protection Regulation), and how we protect your information. By using the Service, you consent to the collection and use of your data as described in the Privacy Policy.

We reserve the right to modify, suspend, or discontinue the Service (or any part or feature thereof), temporarily or permanently, at any time and without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

Waiver: The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.

These Terms, together with the Privacy Policy and any other legal notices or agreements published by the Company on the Service, constitute the entire agreement between you and SoftFin Tech SAregarding the use of the Service. These Terms supersede any prior agreements, communications, or understandings, whether written or oral, relating to the subject matter hereof.

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to the new terms taking effect, by posting the updated Terms on the Service and/or sending a notification to your registered email address.

What constitutes a “material change” will be determined at our reasonable discretion. By continuing to access or use the Service after the revised Terms become effective, you agree to be bound by the updated Terms. If you do not agree to the new Terms, you must stop using the Service and may delete your account.

If you have questions, concerns, or requests regarding these Terms of Service, please contact us: