1. Parties and Acceptance
This Customer Agreement (the "Agreement") is entered into between:
- Polar Tensor™ US LLC (the "Custodian", "we", "us", or "our"); and
- the individual or legal entity accepting this Agreement (the "Client" or "you").
By creating an account, accessing services, or using any functionality, you confirm that you have read, understood, and agreed to be bound by this Agreement and all incorporated disclosures and policies.
2. Scope and Regulatory Positioning
This Agreement governs:
- client onboarding and account administration;
- custody and safeguarding of digital assets;
- deposits and withdrawals;
- access to execution-only trading technology; and
- ancillary services permitted under applicable law.
This Agreement does not create:
- investment advisory services;
- discretionary portfolio management;
- collective investment schemes; or
- fiduciary relationships.
3. Eligibility and Jurisdiction
You represent and warrant that:
- you are not a resident of the European Union;
- you are legally permitted to use the services in your jurisdiction; and
- you are not subject to sanctions or legal restrictions.
EU residents must onboard exclusively through the EU entity and are not eligible under this Agreement.
4. Services Provided by the Custodian
4.1 Custody and Safeguarding
The Custodian provides custodial services for digital assets, including:
- holding client assets on a segregated, attributable basis;
- maintaining records of balances and transactions; and
- processing deposits and withdrawals.
4.2 Compliance
The Custodian performs:
- KYC, AML, and sanctions screening; and
- ongoing monitoring in accordance with applicable law.
5. Execution-Only Technology Access
5.1 Execution Layer
Execution functionality is provided through technology operated by:
- Polar Tensor™ Corp.
This entity acts solely as a technical execution agent and does not:
- onboard clients;
- provide custody;
- exercise discretion; or
- provide investment advice.
5.2 Client Activation
Automated execution:
- is inactive by default;
- requires explicit, manual client activation; and
- may be deactivated by the client at any time.
6. Asset Transfers for Execution
Where execution is activated:
- a defined trading balance may be transferred temporarily for technical execution;
- legal and economic ownership remains with the client at all times; and
- assets are restricted to spot trading only.
No assets are:
- lent, rehypothecated, or pledged; or
- used for proprietary or balance-sheet purposes.
7. Fees
Fees may include:
- technology access or licence fees; and
- performance-linked software fees applied only to realised results, as defined.
All fees:
- are disclosed prior to application; and
- do not grant discretionary authority over client assets.
No guarantees of profit or performance are provided.
8. Client Representations and Responsibilities
You represent and warrant that:
- all information provided is accurate and complete;
- you act on your own behalf unless disclosed otherwise; and
- you understand and accept all risks disclosed.
You are solely responsible for:
- deciding whether to activate execution functionality;
- monitoring your account; and
- complying with applicable laws.
9. Withdrawals
Withdrawal requests:
- are submitted through official interfaces; and
- are processed subject to compliance and security checks.
Withdrawals may be temporarily delayed where required by law, security, or operational necessity.
10. Risk Acknowledgement
You acknowledge that:
- digital assets are volatile and high risk;
- losses, including total loss, may occur; and
- past performance is not indicative of future results.
11. No Advice or Fiduciary Duty
No entity:
- provides investment advice;
- assesses suitability; or
- owes fiduciary duties beyond custodial obligations expressly stated herein.
12. Suspension and Termination
Access may be suspended or terminated:
- for breach of this Agreement;
- to comply with legal obligations; or
- for security or compliance reasons.
Outstanding obligations survive termination.
13. Limitation of Liability
To the maximum extent permitted by law:
- liability is limited to direct losses arising from proven breach; and
- no liability is accepted for indirect, consequential, or market-related losses.
Nothing limits liability that cannot be excluded by law.
14. Amendments
This Agreement may be amended from time to time.
Continued use of the services constitutes acceptance of the updated Agreement.
15. Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Wyoming, United States, without prejudice to mandatory consumer-protection laws.
16. Entire Agreement
This Agreement, together with incorporated disclosures and policies, constitutes the entire agreement between you and the Custodian.