Terms of Use

Preamble:

These Platform Terms of Use (these “Terms”) are established by Mas Intelligent Technology Ltd. (順星智能科技股份有限公司) (the “Company”) and apply to all individuals, legal entities, and other entities (each, a “User”) that register for, access, or use the trading platform, software tools, and related services provided by the Company (collectively, the “Platform”).

Users shall read these Terms carefully before registering an account or beginning to use the Platform. Upon registering for or using the Platform, a User shall be deemed to have accepted and agreed to comply with these Terms.

1. Registration and Account Management

1.1 Registration Eligibility
Users must be at least 18 years of age and possess legal capacity in order to register on the Platform.
Users warrant that the registration information they provide is true, accurate, and up to date, and agree to update such information promptly.
1.2 Account Security
1.2.1 Users are responsible for maintaining the security of their account login information and preventing unauthorized access.
1.2.2 Users shall properly safeguard their accounts, passwords, authentication tools, and API credentials, and shall not transfer, lend, lease, sell, or otherwise make them available for use by any third party.
1.2.3 If a User discovers any unauthorized use of the User’s account, a suspected leak, an abnormal login, or any other information security risk, the User shall notify the Company immediately.
1.2.4 Users shall be solely responsible for any improper use of their accounts resulting from their own intentional acts or negligence; provided, however, that this shall not apply where such improper use is caused by deficiencies attributable to the Company in its systems, information security, verification, or management.
1.2.5 Account Suspension and Termination
If a User violates these Terms or applicable laws and regulations, the Company may notify the User (by email) to remedy the violation within a specified period (three days); if the User fails to remedy the violation within such period, the Company may suspend or terminate the User’s account.
In any of the following circumstances, the Company may, without prior notice, first suspend all or part of the services, and shall notify the User within a reasonable period:
(1) there are facts sufficient to believe that impersonation, fraud, money laundering, terrorist financing, information security attacks, unauthorized access, or other material risks of illegality are involved;
(2) a competent authority, a judicial authority, or a partner financial or technical service provider so requires in accordance with the law; or
(3) immediate action is necessary to prevent material damage to this product, other Users, or third parties.

Except where it is unable to do so due to laws and regulations, information security, investigation and preservation of evidence, or other legitimate reasons, the Company shall, before terminating an account, provide the User with a reasonable period to download the User’s portable data or usage records.

2. Platform Services and Usage Restrictions

2.1 Scope of Services
2.1.1 The Platform provides trading automation, data analysis, strategy backtesting, report generation, a strategy marketplace, API integration, and technical automated execution functions performed according to parameters set by Users themselves.
2.1.2 Except where the Company has obtained the necessary licenses in accordance with the law and has otherwise agreed in writing, the Company does not hold in custody, receive, manage, or use Users’ funds; does not, at the Company’s discretion, determine for Users the trading instrument, timing, price, position, or risk exposure; and does not accept discretionary account management or trade on behalf of users. Users shall decide for themselves whether to adopt the analysis results, strategy settings, or technical functions provided by the Platform, and shall be solely responsible for their own trading decisions and the associated risks.
2.2 Service Adjustments
The Company may, for reasons of legal compliance, information security, maintenance, technical upgrades, changes to third-party services, or operational needs, adjust, suspend, add, restrict, or remove all or part of the functions of the Platform.
If any such change has a material adverse effect on the core functions to which a User has subscribed or on the User’s rights and interests, the Company shall notify the User a reasonable period (thirty days) in advance by announcement, email, in-platform notification, or other appropriate means; provided, however, that this shall not apply where the change is necessary due to an urgent information security incident, legal requirements, or the need to prevent material damage.
2.3 Prohibited Conduct
2.3.1 Users of the Platform shall not use the Platform in any manner that is unlawful, fraudulent, or unauthorized, or that involves impersonation, money laundering, terrorist financing, or the infringement of third-party rights.
2.3.2 Interfering with or disrupting the normal operation, information security, or stability of the Platform, including but not limited to distributing malware, carrying out automated attacks, reverse engineering, or accessing systems through third-party packages or without authorization.
2.3.3 Engaging in high-frequency trading, arbitrage, or other conduct that may affect market fairness, unless prior written authorization has been obtained from the Company.
2.3.4 Transferring, leasing, reselling, sharing, or commercially exploiting an account or the services without the Company’s written consent.
2.3.5 If a User violates this Section, such violation shall be deemed by the Platform a material violation, and the relevant provisions of Section 1.2.5 (Account Suspension and Termination) shall apply mutatis mutandis depending on the circumstances.

3. Paid Services and Subscriptions – Fee Structure

3.1.1 Some services on the Platform are free of charge, while others require payment. Before making payment, Users may review the service content, subscription term, price, billing cycle, renewal mechanism, cancellation method, and other purchase terms of each paid plan on the Pricing Plans page in order to protect their rights as consumers.
3.1.2 Paid services may include API access, advanced trading tools, strategy optimization services, and the like.
3.2 Cancellation and Refunds
3.2.1 Subscription services may be cancelled through the Platform settings. Unless otherwise agreed, cancellation shall take effect upon expiration of the current subscription period, provided that, in principle, no refund shall be made for digital content or online services that have actually been provided, activated, enabled, downloaded, used, or consumed, or for third-party costs already incurred; however, where laws and regulations provide otherwise, such provisions shall prevail.
3.2.2 Where the Services consist of digital content not provided on a tangible medium, or of online services that are completed upon provision, the Company shall clearly inform the User before payment that the 7-day cooling-off (withdrawal) right does not apply, and shall begin providing such Services only after obtaining the User’s prior consent.
3.2.3 If the Services are terminated for reasons attributable to the Company, or if a material adverse change is made to subscribed core functions and the User does not agree to such change, the Company shall refund, on a pro rata basis, the fees already collected for the unused period.

4. Data Processing and Privacy

4.1 Data Use Permissions
4.1.1 Users agree that the Company may, in accordance with the Privacy Policy and applicable laws, collect, process, store, and use their personal data and usage data within the scope of providing the services, verifying identity, performing contracts, customer support, information security control, legal compliance, billing management, service optimization, and other disclosed purposes.
4.1.2 When collecting personal data, the Company shall clearly disclose the name of the collecting party, the purposes of collection, the categories of data, the period, territory, recipients, and manner of use, the rights that Users may exercise, and the effect on Users’ rights and interests of not providing the data.
4.1.3 The Company does not sell or share User data and, except with the User’s express consent, where necessary for the performance of a contract or required by law, or where a commissioned processor processes the data within the necessary scope, shall not provide such data to any third party.
4.1.4 If the Platform is integrated with third-party services, data sources, cloud service providers, analytics tools, or API providers, the Company shall disclose their types, necessity, and data flows in the Privacy Policy.
4.1.5 Users may, in accordance with applicable laws, exercise their rights to make inquiries, to review, to obtain copies, to correct, to supplement, to request the cessation of collection, processing, or use, and to request deletion.
4.1.6 In the event of unauthorized access to, or leakage, alteration, or destruction of, personal data, or any other information security incident, the Company shall take appropriate response measures in accordance with the law and, where necessary, notify the affected Users.

5. Limitation of Liability and Disclaimer

5.1.1 Disclaimer
The data analysis, strategy backtesting, technical tools, and related information provided by the Platform are provided solely as technical and informational services and do not constitute investment advice, a guarantee of returns, a promise of profit, or a guarantee of future market performance.
5.1.2 The Company does not guarantee that the Platform will be entirely uninterrupted, free of delays, or free of errors, or that any backtesting, simulation, or historical data analysis results can be replicated in future markets. Users shall evaluate and bear the risks of their own trading decisions.
5.2 Limitation of Liability
Except as otherwise mandatorily required by law, the Company shall be liable only for direct damages caused by intentional acts or negligence attributable to the Company.
The Company shall not be liable for third-party service interruptions, network transmission failures, market volatility, counterparty defaults, restrictions imposed by competent authorities, force majeure, or other matters beyond its reasonable control that are not attributable to the Company.
The Company’s maximum liability for claims by a User shall be the total service fees paid by that User during the most recent 3 months.
However, the limitation of liability in the preceding paragraph shall not apply in the following circumstances:
(1) intentional misconduct or gross negligence of the Company;
(2) information security incidents, execution of unauthorized instructions, personal data breaches, or breaches of confidentiality obligations attributable to the Company; or
(3) liability that may not be limited or excluded in advance under the law. For other information relating to risk disclosures, please refer to the Company’s “Risk Disclosure.”

6. Governing Law and Dispute Resolution

6.1 Governing Law
Except as otherwise mandatorily required by law, the formation, effectiveness, interpretation, performance, and termination of these Terms, and all disputes arising out of or in connection with these Terms or the Services, shall be governed by the laws of the Republic of China (Taiwan).
6.2 Negotiation
In the event of any dispute between a User and the Company arising out of these Terms or the Services, the parties shall first seek to resolve the dispute through negotiation in accordance with the principle of good faith.
6.3 Agreed Jurisdiction
If any dispute arising out of or in connection with these Terms or the Services cannot be resolved through negotiation and results in litigation, then, except as otherwise mandatorily required by law, the parties agree that the Taiwan Taipei District Court shall be the court of first instance with jurisdiction.
6.4 Consumer Protection Reservation
If a User is a consumer, the provisions of this Section shall not affect the rights that the User may assert under the Consumer Protection Act or other mandatory provisions; jurisdiction over consumer litigation shall be determined in accordance with the relevant mandatory provisions.
6.5 Reservation for Matters Involving Foreign Elements
Where a legal relationship under these Terms involves foreign elements and the relevant laws permit the parties to agree on the governing law or the competent court, the provisions of this Section shall apply; provided, however, that mandatory provisions that may not be excluded by law shall still apply with priority.