Terms of Service

Access and Restrictions

By accessing or using the Services, including by opening an account and using a wallet provisioned through the Services, you represent and warrant that:

1. 1.1 you are at least 18 years old;
2. 1.2 you are not the subject of economic or trade sanctions administered or enforced by any governmental authority, and you are not named on any list of prohibited or restricted parties;
3. 1.3 you are not located in, ordinarily resident in, or organized under the laws of any country or territory that is the subject of comprehensive sanctions or embargo;
4. 1.4 you are not accessing the Services from a jurisdiction in which your use of them, or trading in the products offered through them, is prohibited or would require the Company to hold a registration, licence, or authorization it does not hold;
5. 1.5 you are acting on your own behalf and not for the benefit of any person described above; and
6. 1.6 your use of the Services complies with the laws that apply to you, and you are solely responsible for determining what those are.

We may restrict or refuse access to the Services, in whole or in part, to any person or from any jurisdiction, at our sole discretion and without notice. We may use technical measures to enforce these restrictions. Where you obtain our mobile application through an app store, your use of that application is also subject to that store’s terms.

Your Wallet and Your Keys

The Services use a non-custodial embedded wallet (the “Wallet”), provisioned for you through our wallet infrastructure provider when you open an account. You hold the key material for your Wallet, and you may export your private key at any time and use it independently of the Services.

1. 2.1 The Company does not take custody of your assets. We cannot transfer, spend, freeze, or otherwise move the assets held in your Wallet, and no employee of the Company can do so on your behalf or at the direction of anyone else.
2. 2.2 The Company does not hold a backup of your key material and cannot recover it. If you lose access to your key material, or fail to keep a secure backup of it, your assets will be permanently inaccessible and neither the Company nor anyone else will be able to restore them for you.
3. 2.3 You are solely responsible for maintaining the confidentiality and security of your key material, your device, and the credentials used to access your account, and you are responsible for every transaction signed with your key material, whether or not you authorized it.
4. 2.4 Your relationship with any third-party wallet, wallet infrastructure provider, or other third-party service you use in connection with the Services is governed by that third party’s terms. We make no representations or warranties to you in connection with your use of them.
5. 2.5 We will never ask you for your private key, your recovery material, or a one-time code. Any request that appears to come from us and asks for them is fraudulent.

Your Account and Verification

You need an account to use the Services. You agree to provide accurate information when you open one, to keep it current, and not to open an account on behalf of anyone else or allow anyone else to use yours.

Using the Services requires you to verify your identity. Verification is carried out by our verification partners, who collect the documents and details they need directly from you. We may decline to open an account, or restrict or close an existing one, where verification is not completed, where it fails, or where we are required to do so by law. You may close your account at any time from within the app.

Deposits and Withdrawals

You may fund your Wallet through the routes made available in the app, which may include card, bank transfer, and transfers of virtual assets. Those routes are operated by third parties under their own terms, and funds settle to your Wallet. The Company does not hold your money.

1. 4.1 Withdrawals are initiated by you and signed with your key material. It is your responsibility to ensure that a withdrawal is correctly addressed and sent on a supported network.
2. 4.2 A transfer sent to an unsupported network, an exchange deposit address that does not support it, or any other unintended address will result in the permanent loss of those assets. The Company cannot reverse, recall, or refund such a transfer, and you release the Company from all liability for losses arising from one.
3. 4.3 Availability of any particular funding or withdrawal route may change, and a route may be unavailable in your jurisdiction or subject to limits set by the third party that operates it.

Fees

The Company charges a fee of 0.05% of the notional value of your trades. The fee applying to an order is shown before you confirm it, and you authorize the Company to deduct it from the transaction amount. Fees are non-refundable except as required by applicable law.

You are also subject to the fees of the underlying exchange and network, which are set out at hyperliquid.gitbook.io and are not set or received by the Company. Third parties that operate funding routes may charge their own fees. We may change our fees at any time, and may make promotional offers on different terms to different users.

No Warranties

The Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any information shown through them is accurate or complete.

Orders placed through the Services are executed on Hyperliquid, a public blockchain network that the Company does not operate or control. Market data and prices shown in the app may differ from those at which an order is executed. Network delays, system failures, and other circumstances outside our reasonable control may cause an order to be delayed, to execute at a different price, or not to execute at all. You assume all risks of using the Services, including market volatility, liquidation, funding rates, the irreversibility of blockchain transactions, loss of key material, hacking and security weaknesses, smart contract failure, and adverse regulatory action.

Prohibited Activity

You may not use the Services to:

• infringe any intellectual property right, or copy, modify, reverse engineer, or create derivative works of the Services;
• engage in market manipulation, wash trading, spoofing, or any other deceptive or abusive trading practice;
• commit fraud, launder money, finance terrorism, or evade sanctions, or conceal the proceeds of any unlawful activity;
• attack, overload, disrupt, or gain unauthorized access to the Services or any system or network connected to them, or transmit malicious code;
• use any robot, scraper, or automated means to access the Services, or access them through any interface other than the one we provide;
• impersonate any person, misrepresent your identity or eligibility, or open an account using false information; or
• violate any applicable law, rule, or regulation.

Changes to the App or These Terms

We may modify, suspend, or discontinue the Services, or any part of them, at any time and without advance notice. We may also change these Terms at any time. Changes take effect when we post them, and your continued use of the Services after that constitutes acceptance of them. You are advised to consult these Terms regularly.

Additional Rights

We may suspend or terminate your access to the Services at our sole discretion, without notice and without liability, including where we believe your use is unauthorized, deceptive, fraudulent, or unlawful, where it breaches these Terms, or where we are required to do so. Suspension or termination of your access does not affect your assets: because your Wallet is non-custodial, you retain your key material and can continue to use it independently of the Services.

We may change or cancel any promotion or special offer at any time.

Data Collection

Our collection and use of information is described in our Privacy Policy. Information recorded on a public blockchain, including wallet addresses and trading activity, is public and permanent, is outside our control, and cannot be deleted by us or by you.

No Professional Advice

All information provided through the Services is for informational purposes only and must not be treated as investment, financial, legal, tax, or any other professional advice. We are not your broker, adviser, or fiduciary, and we make no recommendation as to the suitability of any product or transaction for you. You are solely responsible for every decision you make through the Services. Seek independent professional advice before making any financial decision.

Release of Claims

You expressly agree that you assume all risks in connection with your access to and use of the Services. You further expressly waive and release the Company from any and all liability, claims, causes of action, or damages arising from or in any way related to your use of the Services, including losses arising from loss of key material, incorrect or unintended transfers, liquidation, network or smart contract failure, the acts or omissions of any third party, or unfavorable regulatory action in any jurisdiction.

You acknowledge that virtual assets are neither deposits of, nor guaranteed by, any bank, and are not insured or otherwise protected by any government agency or deposit protection scheme.

Indemnity

You agree to hold harmless, release, defend, and indemnify the Company and its officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from your access to and use of the Services, your violation of these Terms or of the rights of any third party or any applicable law, and any other party’s access to and use of the Services using any device or account that you own or control.

Limitation of Liability

Under no circumstances shall the Company or any of its officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data, arising out of or in any way connected with your access to or use of the Services.

Our total liability to you, whether the claim is based in contract, tort, negligence, strict liability, or any other basis, shall not exceed the greater of the amount you have paid to the Company in fees in the twelve months preceding the event giving rise to the claim, or one hundred United States dollars (US$100). Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

Governing Law

These Terms and any dispute arising out of or in connection with them are governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law provisions.

Mandatory Arbitration

Any dispute, claim, or controversy arising out of or in connection with these Terms or the Services, including any question as to their existence, validity, or termination (each a “Dispute”), that is not resolved informally within 30 days of one party notifying the other of it in writing, shall be finally settled by arbitration. The parties agree that:

1. 16.1 the parties will attempt informal resolution for at least 30 days before commencing arbitration or any court proceeding;
2. 16.2 the number of arbitrators shall be one;
3. 16.3 the seat of the arbitration shall be Republic of Singapore, unless the parties agree otherwise;
4. 16.4 the language of the arbitration shall be English;
5. 16.5 the arbitrator has the authority to grant any remedy that would otherwise be available in court, and the award shall be final and binding;
6. 16.6 the proceedings and the award shall be confidential, save where disclosure is required by law or to enforce the award; and
7. 16.7 each party shall bear its own legal costs, and the parties shall share the costs of the arbitration.

Class Action and Jury Trial Waiver

You agree that any Dispute will be brought in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding, and that the arbitrator may not consolidate the claims of more than one person. You and the Company each waive any right to a trial by jury.

Contact

The Services are operated by Smoothbrain Studios PTE. LTD., a corporation incorporated under the laws of the Republic of Singapore, doing business as Turbo. Legal notices should be sent to legal@turbo.co or to the registered office below. For help with your account, see turbo.co/support or write to support@turbo.co.