Terms of Service

1. Introduction and Acceptance

These Terms of Service (the “Terms”) form a legally binding agreement between you (the “Client”, “you”) and OCTO FINANCIAL LTD, a company registered in England and Wales under registration number 13035305, with its registered office at 178 Merton High Street, London, England, SW19 1AY (“OctoHex”, “we”, “us”). They govern your access to and use of the OctoHex website, client area, applications, strategy marketplace and related services (together, the “Platform” or the “Services”).

By registering an account you confirm that you have read, understood and accepted these Terms together with the Risk Disclosure, the Privacy Policy, the AML & KYC Policy and the Cookie Policy, each of which forms part of this agreement. We store a record of your acceptance, including the document version and a timestamp. If you do not agree, you must not use the Platform.

In the event of a conflict between these Terms and any translation, the English version prevails to the extent permitted by applicable law.

2. Eligibility

To use the Services you must:

be at least 18 years old, or the age of legal majority in your country of residence if higher, and have full legal capacity;

not be resident in, a citizen of, or located in any jurisdiction subject to comprehensive sanctions or listed in our list of restricted countries (Afghanistan, Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo - Brazzaville, Congo - Kinshasa, Côte d’Ivoire, Cuba, Djibouti, Egypt, Equatorial Guinea, Eritrea, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Iran, Iraq, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Myanmar (Burma), Namibia, Niger, Nigeria, North Korea, Puerto Rico, Rwanda, São Tomé & Príncipe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Syria, Tanzania, Togo, Tunisia, Türkiye, Uganda, United States, Zambia, Zimbabwe);

not be a US person (a citizen, green-card holder or resident of the United States);

not be listed on any sanctions list or be owned or controlled by a sanctioned person;

use the Services only for your own account and with your own funds, and not on behalf of any third party.

It is your responsibility to ensure that your use of the Services is lawful in your jurisdiction. The availability of the Services does not constitute an offer or solicitation in any jurisdiction where such offer or solicitation would be unlawful.

3. Account Registration and Security

You must provide accurate, current and complete information when registering and keep it up to date. You may hold only one client account unless we agree otherwise in writing.

You are responsible for maintaining the confidentiality of your login credentials and for all activity carried out through your account. You must enable any security features we make available, such as two-factor authentication, and notify us immediately at support@octohex.com if you suspect unauthorised access.

We may refuse any registration application at our discretion and without giving reasons, where permitted by law.

4. Identity Verification (KYC)

Identity verification is mandatory. Verification is carried out through our third-party identity verification provider Didit and may include an identity document check, a liveness check and selfie comparison, sanctions and politically exposed person (PEP) screening and, where required, proof of address and information on the source of funds or wealth.

You cannot make deposits, purchase packages or have trading activity carried out on your behalf until your verification has been approved. We may request additional information or documents at any time, including as part of ongoing monitoring, and may restrict your account until such requests are satisfied. Further details are set out in our AML & KYC Policy.

5. Deposits

Deposits are accepted only in the cryptocurrencies supported on the Platform from time to time (for example USDT, USDC, BTC or ETH) and are processed by a third-party crypto payment processor. We do not accept card payments, bank transfers or cash.

You must send deposits only from wallets that you own or control and only using the network and address displayed in the client area. Funds sent to an incorrect address, on an unsupported network or in an unsupported asset may be irrecoverably lost, and we accept no liability for such losses.

A deposit is credited once it has received the number of blockchain confirmations required by the payment processor and has passed our compliance checks, including wallet screening. Non-stablecoin deposits may be converted into the account currency at the rate applied by the payment processor at the time of conversion; network fees and conversion costs are borne by you. We may reject or return deposits that fail our compliance checks, net of any network fees.

6. Packages, the OctoHex System and Term

The Platform allows you to allocate capital to the “OctoHex System” (the “System”): a single pool of live, rules-based automated CFD trading strategies created, added and maintained by OctoHex. The System is the same for all clients. You participate in it by purchasing an investment package (a “Package”), and each Package participates in the results of the System pro rata to the amount invested in it. You do not select, combine or switch individual strategies.

The minimum amount of a Package is set by OctoHex and shown in the client area (currently USD 50,000 or its equivalent). You may add funds to an active Package; added funds participate in the results of the System from the moment they are credited to the Package.

Each Package has the term shown in the client area at the time of purchase (currently twenty-four (24) months), starting from the activation date shown in the client area (the “Term”). During the Term the System trades on a continuous basis, 24 hours a day and 7 days a week where the relevant markets are open and liquidity is available.

We may modify, replace, pause or retire strategies within the System at any time, including for risk-management, technical, market or regulatory reasons and under the automatic risk control described in section 10. Such changes apply to all clients simultaneously and do not require your consent.

7. Trading Authorisation (Discretionary Mandate)

By activating a Package you grant OctoHex a discretionary mandate to open, manage and close trading positions on your behalf, automatically and without seeking your prior approval for each transaction, in accordance with the strategies of the System and their risk parameters. Positions are managed at the level of the System, and its results are allocated to Packages pro rata to the amounts invested.

Trading is carried out by way of contracts for difference (“CFDs”), which may be long (buy) or short (sell) positions referencing crypto assets, stock indices, commodities, shares and exchange-traded funds. CFDs are derivative instruments: you do not acquire ownership of, or any rights in, the underlying assets. Execution and liquidity are sourced from institutional liquidity providers and prime brokers selected by us. OctoHex is not a foreign exchange broker.

Strategies use automated and AI-assisted models. Models may produce incorrect signals, and automated trading may result in substantial losses. You acknowledge that you have read the Risk Disclosure and understand that you may lose part or all of the capital allocated to a Package.

You may not instruct individual trades, select strategies or override the System, except through the settings expressly made available in the client area, such as Stop-Loss Protection.

8. Fees

In consideration for the Services, OctoHex retains a fee on profitable days only. On each day on which the net result of the System is positive, you receive a share of the day’s net profit attributable to your Package (the “Client Share”), and OctoHex retains the remainder as its fee. The Client Share depends on the size tier of your Package. The current tiers are: USD 50,000 – 250,000: 75%; USD 250,000 – 1,000,000: 80%; USD 1,000,000 – 5,000,000: 85%; above USD 5,000,000: 90%. Losses on losing days are passed on to you in full, and no fee is charged on them.

OctoHex does not charge any commission per lot or per trade. Trading costs, such as spreads and funding or overnight financing costs on CFD positions, are borne within the System and are reflected in its daily net result. Other charges may apply, such as network fees, conversion costs and early-termination charges.

The tiers and rates are set by OctoHex and published in the client area and on the packages page (/packages); together with the Fee Schedule in the client area they form part of these Terms. We may amend the tiers, rates or Fee Schedule in accordance with section 17; amendments apply prospectively only and do not affect results already credited.

9. Daily Crediting of Results and Profit Withdrawal Windows

At the end of each day (UTC), the net result of the System for that day is allocated to each Package pro rata to the amount invested in it and credited to the Package. Gains and losses alike are credited: on a profitable day the Client Share under section 8 is credited; on a losing day the loss attributable to your Package is passed on in full. OctoHex may credit a lower distribution than its policy rate for a given day, but will never credit more than the actual result of the System for that day.

Credited profit accumulates in the Package and is locked. It can be released to your cash balance only during profit withdrawal windows that OctoHex announces (for example, annually) by email and in the client area; principal remains subject to the Term. Losses reduce the value of the Package. There is no guaranteed, fixed or minimum return, and results may range from losses, including the loss of all allocated capital, to significant gains.

Any performance figures displayed on the Platform, including on the public performance page, are historical or simulated, are provided for illustrative and transparency purposes only, are not an offer and are not indicative of future results.

10. Automatic Risk Control and Stop-Loss Protection

The System is subject to automatic risk rules set by OctoHex. A strategy whose live results breach OctoHex’s drawdown or loss rules is stopped automatically and may be replaced. This applies to all clients simultaneously and does not require your consent. Automatic risk control is a risk-management measure only; it may crystallise losses and does not guarantee that losses will be limited.

In addition, the Platform offers an optional risk-management feature called “Stop-Loss Protection”, which you may enable or disable for each Package in the client area. When enabled, the system applies a protective stop at a capital floor defined by you and seeks to end the participation of the Package in the System if the value of the Package reaches that floor.

Stop-Loss Protection is a risk-management mechanism only. It is not an insurance contract, a guarantee, a capital-protection product or any other regulated insurance or guarantee arrangement, and no premium is paid for it. Its operation is subject to slippage, price gaps (including weekend and overnight gaps), market closures, trading halts, liquidity events, technical failures and execution risk. Losses may therefore exceed the defined floor, and we do not guarantee that positions will be closed at or near the floor.

Once triggered, Stop-Loss Protection may stop trading for the Package for the remainder of the Term or until you take further action, as described in the client area.

11. Withdrawals and Early Termination

Withdrawals are made only in supported cryptocurrency, only from your cash balance and only to a wallet that has been verified as belonging to you. Withdrawals are subject to successful KYC and AML checks, wallet screening and applicable Travel Rule requirements. Profit credited to a Package can be moved to your cash balance only during profit withdrawal windows under section 9, and capital allocated to an active Package is generally not available for withdrawal before the end of the Term.

You may request early termination of a Package before the end of the Term. Early termination is subject to the conditions and charges set out in the Fee Schedule, which may include the closing out of the Package’s share of open positions at prevailing market prices and an early-termination charge. The amount you receive may be lower than the capital you allocated.

We may delay, suspend or refuse a withdrawal where required by law, where compliance checks are pending, where we suspect fraud or abuse, or where the information provided is incomplete. Network fees are borne by you.

12. Partner Program

Registered users who meet the requirements set by OctoHex may apply to join the OctoHex introducing-partner program; participation requires approval by OctoHex. Participation is governed by the separate Partner Program Terms. Partners act independently and are not authorised to make representations on behalf of OctoHex, and nothing a partner tells you modifies these Terms or the Risk Disclosure.

13. Prohibited Use

You must not:

use the Services for money laundering, terrorist financing, sanctions evasion, fraud or any other unlawful purpose;

provide false, misleading or stolen identity information or documents, or use another person’s identity or wallet;

open multiple accounts, or abuse promotions, the partner program or any referral mechanism;

attempt to reverse-engineer, scrape, copy or extract strategies, models, data or source code;

interfere with the security or integrity of the Platform, introduce malware, or attempt to gain unauthorised access;

access the Services from a restricted jurisdiction or by using tools designed to conceal your location in order to circumvent restrictions.

14. Intellectual Property

All rights in the Platform, including strategies, algorithms, models, software, content, trademarks and designs, belong to OctoHex or its licensors. We grant you a limited, personal, non-exclusive, non-transferable and revocable licence to use the Platform solely for your own use in accordance with these Terms. No other rights are granted.

15. Disclaimers and No Advice

The Services are provided on an “as is” and “as available” basis. We do not provide investment, legal, tax or financial advice, and no content on the Platform constitutes a personal recommendation. You are solely responsible for deciding whether the Services are suitable for you and should seek independent advice if in doubt.

We do not warrant that the Platform will be uninterrupted, error-free or free from harmful components, or that any strategy will achieve its objectives. You are responsible for any taxes arising from your use of the Services.

16. Limitation of Liability

To the maximum extent permitted by law, OctoHex shall not be liable for (a) trading losses arising from the operation of a strategy in accordance with these Terms, (b) losses caused by market conditions, slippage, gaps or the acts or omissions of liquidity providers, prime brokers, payment processors, blockchain networks, verification providers or other third parties, (c) loss of profit, opportunity, goodwill or data, or (d) any indirect or consequential loss.

Our aggregate liability arising out of or in connection with these Terms shall not exceed the total fees paid by you to OctoHex in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that cannot be excluded under applicable law.

17. Suspension, Termination and Changes

We may suspend or restrict your account, close open positions or terminate these Terms with immediate effect if you breach these Terms, if we are required to do so by law or a competent authority, if we suspect fraud, money laundering or other unlawful activity, or if continuing to provide the Services would expose us to legal, regulatory or reputational risk. Where permitted, we will notify you and return any remaining balance to your verified wallet, net of applicable fees and amounts we are legally required to withhold.

We may amend these Terms, the Fee Schedule or any related policy. We will notify you of material changes by email or through the client area at least 30 days before they take effect, except where a change is required by law or is necessary for security reasons. If you do not accept a change, you may terminate your account before it takes effect, subject to section 11. Continued use after the effective date constitutes acceptance.

18. Governing Law, Complaints and Contact

These Terms are governed by the laws of England and Wales. Subject to any mandatory consumer protection rules, the courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

If you have a complaint, please contact support@octohex.com with your account details and a description of the issue. We will acknowledge your complaint within 5 business days and aim to provide a final response within 30 days. Where available, you may refer an unresolved complaint to the courts of England and Wales.

General enquiries: support@octohex.com. Postal address: OCTO FINANCIAL LTD, 178 Merton High Street, London, England, SW19 1AY.