Terms of Service
Last updated: February 1, 2025
1. Acceptance of Terms
By accessing or using the NaxTrader platform and services (collectively, "Services"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.
These Terms constitute a legally binding agreement between you (or the entity you represent) ("Client") and NaxTrader Ltd ("NaxTrader", "we", "us"). These Terms apply to all users of the Services.
2. Description of Services
NaxTrader provides white-label trading platform technology and related services to licensed financial services companies and operators ("Brokerages"). NaxTrader is a technology provider only — it is not a regulated broker, investment manager, or financial adviser, and does not provide financial services to end investors.
Clients are responsible for ensuring that their use of our technology complies with all applicable laws and regulations in their operating jurisdictions, including obtaining and maintaining all required licences.
3. Eligibility and Account Registration
- You must be at least 18 years of age and legally capable of entering into contracts
- You represent that any entity on whose behalf you register is duly organised and in good standing
- You agree to provide accurate, complete, and current information during registration
- You are responsible for maintaining the confidentiality of your account credentials
- You must notify us immediately of any unauthorised access to your account
4. Subscription Plans and Payment
Access to the Services is provided on a subscription basis. By subscribing, you agree to:
- Pay the applicable subscription fees as set out in your order form or on our pricing page
- Provide valid payment information and authorise recurring charges
- Pay any applicable taxes in addition to subscription fees
Subscription fees are non-refundable except where required by applicable law or as expressly stated in your agreement. We may change pricing with 30 days' written notice. Your continued use after a price change constitutes acceptance.
5. Acceptable Use
You agree not to use the Services to:
- Violate any applicable laws, regulations, or third-party rights
- Provide services to individuals or entities on applicable sanctions lists
- Facilitate money laundering, terrorist financing, or other financial crimes
- Engage in market manipulation, front-running, or other abusive trading practices
- Reverse engineer, decompile, or attempt to extract source code
- Resell or sublicense the Services without our express written consent
- Introduce malicious code, conduct penetration tests, or overload our infrastructure
6. Intellectual Property
NaxTrader retains all ownership of the platform, software, algorithms, and associated intellectual property. Your subscription grants a limited, non-exclusive, non-transferable licence to use the Services for your brokerage operations during the subscription term.
White-label customisations (your logo, brand colours, and domain configuration) remain your property. NaxTrader's underlying technology, infrastructure, and proprietary algorithms are not transferred.
7. Data Ownership and Processing
You retain ownership of your client data and trading data ("Client Data") processed through the platform. You grant NaxTrader a limited licence to process Client Data solely to provide the Services.
You are the data controller for end-client personal data. NaxTrader acts as a data processor. A Data Processing Agreement (DPA) governs our processing of personal data on your behalf and is incorporated into these Terms.
8. Service Levels and Availability
NaxTrader will use commercially reasonable efforts to maintain platform availability consistent with the uptime SLA in your service plan (99.9% for Starter/Growth/Prop, 99.99% for Enterprise). SLA credits are the sole remedy for failure to meet availability commitments.
We may perform scheduled maintenance with advance notice. Unplanned outages will be communicated via our status page (status.naxtrader.com) and addressed according to severity.
9. Limitation of Liability
To the maximum extent permitted by law, NaxTrader's total liability to you for any claims arising from these Terms or the Services shall not exceed the fees paid by you in the 12 months preceding the claim.
NaxTrader shall not be liable for: (a) indirect, consequential, or punitive damages; (b) loss of profits, revenue, or data; (c) trading losses or losses resulting from market movements; (d) actions or omissions of your clients or third-party service providers.
10. Indemnification
You agree to indemnify, defend, and hold harmless NaxTrader and its officers, directors, employees, and agents from and against any claims, liabilities, damages, and expenses (including legal fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) claims by your clients.
11. Anti-Money Laundering
Clients are solely responsible for implementing and maintaining AML/KYC policies and procedures that comply with applicable law. NaxTrader provides KYC integration tools as a convenience — these do not constitute NaxTrader providing compliance services or assuming regulatory responsibility.
NaxTrader reserves the right to suspend or terminate Services if we have reasonable grounds to believe the platform is being used to facilitate financial crime.
12. Term and Termination
These Terms commence on the date you accept them and continue for the subscription period, renewing automatically unless cancelled with 30 days' written notice before renewal.
NaxTrader may terminate or suspend your access immediately for material breach of these Terms, non-payment, or if required by law. Upon termination, your access ceases and you must export your Client Data within 30 days.
13. Governing Law and Disputes
These Terms are governed by the laws of England and Wales. Any disputes shall be resolved through binding arbitration in London under the ICC Arbitration Rules, with proceedings in English. Either party may seek injunctive relief in courts of competent jurisdiction.
14. Changes to Terms
We may update these Terms from time to time. Material changes will be communicated via email or a prominent notice within the platform at least 30 days before taking effect. Your continued use after changes take effect constitutes acceptance.
15. Contact
For legal inquiries regarding these Terms: legal@naxtrader.com
NaxTrader Ltd, Legal Department, London, United Kingdom.