1. Who may use the App

You must be at least 18 years old, or the age of majority where you live if that is higher, and legally able to enter into this agreement. You may not use the App where its use is prohibited by law, or if you are a person or live in a country subject to sanctions administered by Canada, the United Kingdom, the European Union or the United Nations, or a person designated on any applicable sanctions list.

2. What the App does

The App downloads publicly available market prices (best bid and ask, and where available their sizes) from the public interfaces of third-party cryptocurrency exchanges, compares them, and shows price differences between exchanges (“opportunities”), together with estimated spreads, volumes and profits calculated using the parameters you set.

3. No investment advice

Nothing in the App or these Terms is investment, financial, tax, legal or other professional advice, a recommendation, or an offer or solicitation to buy or sell any asset. The opportunities shown are the mechanical result of comparing third-party prices. They do not take into account your personal situation, objectives or risk tolerance. You alone decide whether to trade, and you are solely responsible for every decision you make. Please read the Risk Disclosure, which forms part of these Terms.

4. Third-party data and exchanges

Market data comes from exchanges that are not owned or controlled by BJF. Exchange names are used only to identify the source of data; all trademarks belong to their owners, and no affiliation with or endorsement by any exchange is implied. We do not guarantee that any data is accurate, complete, current or available. Prices may be delayed, stale, incorrect or refer to different assets that share the same ticker. An exchange may block, limit or change its interface at any time, including by region, and the App may then stop showing its data. Your use of any exchange is governed solely by that exchange’s own terms.

5. License

Subject to these Terms, BJF grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, free-of-charge license to install and use the App on devices that you own or control, for your own personal, non-commercial purposes. On Apple devices, this use must also comply with the Usage Rules in the Apple Media Services Terms and Conditions.

You may not:

1. copy, modify, translate or create derivative works of the App;
2. decompile, reverse engineer or disassemble the App, except to the extent that applicable law expressly permits this despite this restriction;
3. rent, lease, sell, sublicense, distribute or make the App available to others;
4. remove or alter any proprietary notices;
5. use the App or its output to build a competing product or service, or to resell or redistribute market data;
6. use the App in any way that breaks the law or the terms of any exchange, or that places an unreasonable load on any exchange’s systems.

The App, including its code, design, texts and trademarks, is owned by BJF and its licensors and is protected by copyright and other laws. All rights not expressly granted to you are reserved. Open-source components included in the App are licensed under their own licenses, which are listed in the App under Settings → Legal → Open-source licenses.

6. Your responsibilities

Before relying on any information from the App, you are responsible for independently checking, among other things:

• current prices and order book depth on each exchange;
• trading, withdrawal, deposit and network fees;
• whether deposits and withdrawals of the asset are open;
• transfer times;
• whether both markets refer to the same asset and network;
• your account limits and verification status; and
• the tax and legal consequences of trading in your jurisdiction.

7. Promotional content

The App may show links to other BJF products and websites. These products are offered under their own separate terms. Opening a link takes you outside the App.

8. Updates and availability

We may update, change, suspend or discontinue the App, or any feature or supported exchange, at any time without notice or liability. We are not obliged to provide maintenance, support or updates. Some updates may be required to continue using the App.

9. Disclaimer of warranties

10. Limitation of liability

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liability. In those jurisdictions, the exclusions and limitations above apply only to the extent permitted by law, and nothing in these Terms limits any rights you have as a consumer that cannot lawfully be waived.

11. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless BJF and its affiliates, directors, officers, employees and contractors from any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of your use of the App, your trading activity, or your breach of these Terms or of any law or third-party right.

12. Termination

These Terms apply until terminated. Your rights under them end automatically, without notice, if you fail to comply with them. You may end them at any time by deleting the App. Sections 3, 4 and 9 to 16 survive termination.

13. Changes to these Terms

We may change these Terms from time to time. We will show the updated Terms in the App, and where the changes are material we will ask you to accept them again before you continue using the App. If you do not accept the updated Terms, you must stop using the App.

14. Governing law and disputes

Governing law. These Terms, and any dispute arising out of or in connection with them or the App (including non-contractual disputes), are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Notice of dispute. Before starting any proceeding, the claiming party must send the other a written notice describing the claim, the facts relied on and the relief sought (to BJF at the address in section 17). The parties will try in good faith to resolve the dispute within thirty (30) days of that notice.

Arbitration. Except as stated below, any dispute arising out of or in connection with these Terms or the App will be finally resolved by arbitration seated in Toronto, Ontario, Canada, before a single arbitrator under the Arbitration Rules of the ADR Institute of Canada, Inc. (ADRIC) in force at the time, in English. The arbitrator may conduct the proceeding by videoconference or on documents alone. The award is final and binding and may be enforced in any court of competent jurisdiction.

Exceptions. (a) Either party may instead bring a claim of up to CAD 10,000 (excluding interest and costs) in a small claims court in Ontario or in the defendant’s place of residence. (b) BJF may apply to any competent court for injunctive or other equitable relief in respect of any breach of section 5 or any infringement of its intellectual property. (c) Nothing in this section deprives you of any right to bring proceedings in the courts of your place of residence, or of any other protection, conferred on you by mandatory consumer law that cannot lawfully be excluded. If the arbitration clause is held unenforceable for a dispute, that dispute is subject to the exclusive jurisdiction of the courts of Ontario sitting in Toronto.

Time limit for claims. To the extent permitted by applicable law, any claim arising out of or in connection with these Terms or the App must be commenced within twelve (12) months after the claimant first knew or ought reasonably to have known of the facts giving rise to it, failing which it is permanently barred.

No class proceedings. To the fullest extent permitted by applicable law, disputes will be resolved on an individual basis only, and each party waives any right to bring or participate in a class, collective or representative proceeding and any right to a jury trial. This waiver does not apply where it is unenforceable under mandatory law applicable to you.

15. App store terms

Apple

If you downloaded the App from the Apple App Store:

1. these Terms are between you and BJF only, not with Apple Inc. (“Apple”), and BJF, not Apple, is solely responsible for the App and its content;
2. the license in section 5 is limited to use on Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may also be accessed by other accounts associated with you via Family Sharing;
3. Apple has no obligation to provide any maintenance or support for the App;
4. if the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are BJF’s responsibility, subject to these Terms;
5. BJF, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation;
6. in the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, BJF, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim;
7. you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
8. you must comply with applicable third-party terms of agreement when using the App;
9. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

Google

If you downloaded the App from Google Play, you also agree to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the App.

16. General

These Terms, together with the Risk Disclosure and the Privacy Policy, are the entire agreement between you and BJF about the App and replace any prior understandings about it. They do not cover any other BJF product or any custom development work, which are governed by their own agreements. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will stay in effect. Our failure to enforce any right is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. These Terms are written in English. Any translation is provided for convenience only, and the English version prevails in case of any conflict.

17. Contact

Not advice

The App is an information tool. It is not investment, financial, tax or legal advice and is not a recommendation to buy or sell anything. BJF Trading Group Inc. (2202934 Ontario Inc.) is not a registered investment adviser, dealer, broker or exchange in any jurisdiction.

You can lose money

Why an “opportunity” may not be real

A price difference shown in the App often cannot be captured in practice. Common reasons:

• Stale or delayed data. Prices are refreshed every few seconds and can be out of date by the time you act. Exchanges can also return old or incorrect prices.
• Same ticker, different asset. Different projects can use the same ticker on different exchanges, or the same token can exist on different networks. Such pairs can show large but meaningless spreads.
• Deposits or withdrawals suspended. Exchanges often suspend deposits or withdrawals of an asset. The price on that exchange can then drift away from the market, and you cannot move the asset in or out.
• Fees. Trading fees differ by exchange and account level. Withdrawal and network fees are not included in the calculation and can exceed the profit.
• Transfer time. Moving assets between exchanges can take minutes to hours. Prices can change completely in that time.
• Liquidity and slippage. Only the best price level is considered. Larger orders fill at worse prices. Some exchanges do not publish order sizes, in which case volume and profit are not shown.
• Execution and counterparty risk. Orders can fail, be partially filled or be delayed. Exchanges can freeze accounts, change rules, suffer outages or hacks, or become insolvent.
• Account and legal restrictions. Your access to an exchange, market or asset may be limited by verification level, withdrawal limits or the law of your country.

Your responsibility

Always verify prices, fees, transfer status and asset identity directly on each exchange before trading. Check the tax treatment and legality of crypto trading where you live. All trading decisions and their consequences are your own.