Terms of Use
Last updated 12 November 2025
1. Introduction
These Terms of Use (“Terms”) govern your access to and use of Themelia’s software, website, and related applications (collectively, the “Software”). Themelia Limited (“Themelia”, “we”, “our”, or “us”) provides the Software solely for informational, analytical and automation purposes. By accessing or using the Software, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Software. For clarity, “Software” refers only to Themelia’s digital tools and user interface, not to any exchange or transaction platform.
2. Nature of Service
Themelia is a software provider. The Software provides tools that allow users to analyse, build, and automate custom cryptocurrency index strategies. Themelia does not:
- provide financial, investment, tax, or legal advice;
- act as a broker, exchange, investment adviser, or portfolio manager;
- hold, manage, or control customer funds; or
- offer any licensable financial product or service.
All investment decisions made using the Software are solely the responsibility of the user. Themelia does not endorse or recommend any digital asset, exchange, or investment strategy.
3. Eligibility and Compliance
You may use the Software only if you:
(a) are at least 18 years old and have full legal capacity;
(b) use the Software solely for your own purposes and not on behalf of any third party;
(c) comply with all applicable laws in your jurisdiction; and
(d) are not subject to trade sanctions or other restrictions that would make your use of the Software unlawful.
It is your responsibility to determine whether use of the Software is permitted in your country of residence. Use of the Software is not intended where prohibited by law. Users are responsible for ensuring local compliance.
4. User Accounts
Certain features require a registered account (“User Account”). You are responsible for maintaining the confidentiality of your login credentials and for all activity under your User Account. Themelia may suspend or terminate access if it suspects unauthorised use or breach of these Terms.
5. Exchange Connections
The Software may allow you to connect to your existing cryptocurrency exchange accounts (“Exchange Accounts”) via API keys or similar methods. When you connect an Exchange Account, you authorise the Software to transmit instructions on your behalf to that exchange.
You acknowledge that:
- all trades are executed by your connected exchange under its own terms;
- Themelia never holds or transfers your funds; and
Themelia is not responsible for any act, omission, or failure of any exchange.
6. Third-Party Services
The Software may include links, data, or integrations provided by third parties. Themelia has no control over and assumes no responsibility for any third-party content, services, or exchanges. Your use of such services is at your own risk and may be subject to the third party’s terms and conditions.
Themelia may receive compensation from certain exchanges or third-party providers for activity conducted via the Software. This does not affect the neutrality or operation of the Software.
7. Beta Testing
From time to time, Themelia may offer users early access to experimental or pre-release features (“Beta Features”). Participation in Beta Features is voluntary and at your own risk.
By using Beta Features, you acknowledge and agree that:
- they are provided “as is” without warranty of any kind and may contain errors;
- performance, availability, and data accuracy are not guaranteed;
- Beta Features may change or be discontinued without notice; and
you may be asked to provide feedback, which Themelia may use to improve the Software. Themelia accepts no liability for any loss or damage arising from your participation in Beta Features.
8. Licence and Intellectual Property
The Software and all related content are the exclusive property of Themelia. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Software solely for personal, non-commercial purposes in accordance with these Terms. You may not copy, modify, reverse engineer, or distribute the Software or any part of it.
9. Maintenance and Availability
The Software is provided on an “as available” basis. We aim to maintain a reliable service but cannot guarantee uninterrupted or error-free operation. Themelia may temporarily suspend or limit access to perform maintenance, updates, or improvements. Where possible, advance notice will be given via our website or platform notifications. We are not liable for any loss arising from temporary unavailability or technical interruptions. Themelia is not liable for outages caused by circumstances beyond its control, including network failures or third-party system errors.
10. Risk Disclosure
Cryptocurrency markets are volatile and unpredictable. By using the Software, you acknowledge and accept that:
- the value of digital assets may fluctuate significantly and you may lose some or all of your investment;
- past performance of any index or strategy does not guarantee future results; and
you are solely responsible for any trades, decisions, or outcomes resulting from your use of the Software.
11. Disclaimers
To the fullest extent permitted by law:
- The Software is provided “as is” and “as available.”
- Themelia disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
- Themelia makes no representation that the Software will be uninterrupted, error-free, or free from harmful components.
Themelia does not warrant the accuracy or completeness of data or third-party integrations.
12. Limitation of Liability
To the maximum extent permitted by law, Themelia, its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from your use of or inability to use the Software. Themelia’s total aggregate liability shall not exceed the total fees (if any) paid by you to Themelia during the twelve months preceding the claim.
13. Indemnity
You agree to indemnify and hold harmless Themelia and its affiliates from and against any claims, losses, or expenses (including legal fees) arising from your use of the Software, your violation of these Terms, or your breach of any applicable law.
14. Suspension and Termination
We may suspend or terminate your access to the Software at any time if you breach these Terms or if required by law. You may cancel your User Account at any time by following the instructions provided within the Software or by contacting support@themelia.com. Upon cancellation or termination, your licence to use the Software will immediately cease, and your data may be deleted in accordance with our Privacy Policy.
15. Complaints and Dispute Resolution
If you have a concern or complaint about the Software, please contact us first at complaints@themelia.com so we can seek to resolve it amicably. If a dispute cannot be resolved within 30 days, either party may refer the matter to the courts as set out in Section 17.
16. Modifications
We may modify these Terms at any time. The updated version will be posted on our website and take effect upon publication. Continued use of the Software constitutes acceptance of the updated Terms.
17. Governing Law
These Terms are governed by the laws of New Zealand. Any dispute shall be submitted to the exclusive jurisdiction of the New Zealand courts, unless mandatory law in your country of residence provides otherwise.
18. Contact
Questions about these Terms can be sent to info@themelia.com.
