Terms of Use

These Terms of Use (the "Terms") are a binding agreement between you and BottomUP, Inc., a Delaware corporation ("BottomUP", "we", "us"). They apply to Foxy Pro: the website at bottomup.app/foxy-pro, the Foxy Pro apps for iPhone and Android, the Foxy Pro API and API keys, the connector for AI assistants and the BottomUP Foxy browser extension (together, the "Service").

The Privacy Policy and the Risk Disclosure are part of these Terms. Some features have additional terms that you accept when you first use them (for example the Foxy Vaults terms); they add to these Terms and prevail for that feature if they conflict.

You accept these Terms by ticking the boxes on the acceptance screen in the app or on the website, or by using the Service. If you do not agree, do not use the Service. Section 22 requires individual arbitration and waives class actions, unless you opt out or your local law does not allow it.

You must be at least 18 years old and legally able to enter into this agreement. If you use the Service for a company, you confirm you are authorized to bind it, and "you" includes that company.

You may not use the Service if you are located in, ordinarily resident in, or organized under the laws of Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, Luhansk, Kherson or Zaporizhzhia regions of Ukraine or any other place subject to comprehensive sanctions, or if you are on, or owned or controlled by someone on, a sanctions list of the United States (including OFAC's SDN list), the United Nations, the European Union or the United Kingdom.

Real trading features are not offered to residents of, or people located in, the United States, Russia, Belarus, or any other place we list in the app. In those places you may use research, charts, the Marketplace, Signals and paper trading only. You may not use a VPN, a false declaration or any other means to hide where you are, or to reach a feature that is not offered where you live. We may check where you are and restrict, suspend or close an account to comply with law.

You are responsible for making sure that using the Service, OKX and any trading you do is lawful where you live. The Service is not an offer or solicitation in any place where it would be unlawful.

Foxy Pro is a software platform. It provides market research and analysis generated by AI, charts and alerts, a marketplace where independent traders, AI agents and algorithms ("Creators") publish trade ideas and signals, and tools that can place orders that you authorize in your own account at a third-party exchange.

Nothing on the Service is investment, financial, legal, tax or accounting advice, or a recommendation or solicitation to buy, sell or hold any asset. Information is general and is not tailored to your circumstances, even when it uses data from your account.

BottomUP is not a broker-dealer, investment adviser, commodity trading advisor, commodity pool operator, futures commission merchant, introducing broker, crypto-asset service provider, exchange, custodian, bank or money transmitter, and is not registered or licensed as any of these in any country. BottomUP does not owe you any fiduciary duty. BottomUP never holds, receives or moves your money or crypto-assets; your assets stay at your exchange, under the exchange's terms.

You alone decide whether to trade, which features to turn on, how much to allocate and which Creators to follow. Consider getting advice from a licensed professional before you trade.

You sign in with Google, Apple or a code sent to your email. Give us accurate information and keep it up to date. Keep access to your email and devices secure; you are responsible for everything done through your account and your API keys, including by anyone you let use them. Tell us at once at info@bottomup.app if you think your account or a key has been compromised.

One person may have one personal account. Accounts, tokens and gifts may not be sold, transferred or shared.

You can connect an account you hold at OKX (OKX Global) through OKX's own authorization flow or by giving us an API key. We accept only keys that can read and trade and refuse keys that can withdraw. We store your key encrypted, use it only to provide the features you use, and delete it when you disconnect or delete your Foxy Pro account. You can also revoke the key at any time at OKX.

Your exchange account is governed by your agreement with OKX. OKX, not BottomUP, decides whether you may open and use an account, verifies your identity, holds your assets, executes and settles orders, sets margin and liquidation rules and charges fees and funding. BottomUP is not responsible for OKX's acts, outages, insolvency, freezes, account restrictions or changes to its products or API.

Orders placed through Foxy Pro carry BottomUP's OKX broker code, and OKX pays BottomUP part of the trading fees on them (see section 12). If you open an OKX account through our referral link, OKX may also give you a fee rebate under OKX's own terms.

We may also offer connections to other exchanges or wallets, including the OKX Agentic Wallet. The same rules apply, together with any additional terms shown for that connection.

Some features place, change and close orders in your connected exchange account: Together in Auto Mode, one-tap copies, Surf Mode in Auto Mode, watch rules and order tickets you confirm, Foxy Shield and Foxy Tracing, Foxy Vaults and, where offered, Volume ("Trading Features"). Before you use them you give a separate trading authorization in the app.

By giving it you authorize and instruct BottomUP, as your agent and only within the limits of these Terms and the settings you choose, to send orders and cancellations to your connected exchange account to carry out the Trading Features you turn on. This includes sizing each copy from the Creator's stated risk and your balance, using the leverage and margin mode described in the app, applying your slippage limit, and following a Creator's later changes (take-profit, stop-loss, close) until the copy closes. Open copies keep being managed until they close even after you turn off a feature, end a subscription or withdraw the authorization, so you are never left with an unmanaged position; you can always close them yourself at your exchange.

You understand and agree that:

• Trading Features act automatically, without asking you before each order. You are responsible for every order placed in your account, including losses, liquidations, fees and funding.
• The rules, limits and protections described in the app (risk per trade, number of open trades, Foxy Shield, Foxy Tracing, drawdown limits) reduce risk but do not remove it. Prices can move past a stop; orders can be rejected, delayed, partly filled or filled at worse prices than the Creator's; results will differ from the Creator's and from paper results.
• Copies depend on the exchange, networks, data feeds and our systems. They can be late, fail or be skipped (for example when your balance, OKX limits or our rules do not allow a trade). We do not guarantee that any signal will be copied.
• Trading you do yourself, transfers and withdrawals change your balance and therefore the size of later copies. If you change or close a copy by hand, we stop managing it.
• You may turn any Trading Feature off at any time in the app, and withdraw the trading authorization in Settings. Disconnecting your exchange or deleting your account stops all Trading Features.

We may refuse, delay or not copy an order, pause a Trading Feature or reduce limits at any time, for example to protect you or other users, to comply with law or because of market conditions.

Foxy is an artificial intelligence. Its answers, reports, charts, trade plans, levels and notes are generated automatically from market data, news and other sources and may be inaccurate, incomplete, out of date or wrong, even when they sound confident. Data sources can be delayed or wrong. Do not rely on Foxy as the only basis for a decision; check important information yourself.

Foxy never places an order from a conversation by itself. A trade plan becomes an order only if you confirm it or turn on a Trading Feature. Answers are metered in tokens as shown in the app; answers that fail are not charged.

You may not use Foxy to break the law, to create content that harms others, or to try to extract our prompts, models or data.

Creators are independent. Creators are human traders, AI agents and algorithms run by others or by BottomUP. They are not BottomUP's employees or agents, and their content is their own. Unless a Creator is marked as run by BottomUP, BottomUP does not create, check or endorse their trades and is not responsible for them. A Creator's signals are the same for all subscribers and are not advice for you.

Subscriptions. You subscribe to a Creator monthly with tokens. The price for the month you paid is fixed; a subscription renews automatically at the Creator's current price unless you cancel. We tell you before a renewal at a higher price, and a price rise of more than 50% needs your yes or the subscription ends. Cancelling stops the next renewal; the current month stays active.

Ranking. Creators are ordered by their recent results (mostly the last 30 and 90 days), activity, number of closed trades and the price set from their performance. Creators with no signal for 45 days are hidden. No Creator can pay for a better position. Creators may run discount campaigns of up to 50% that we approve.

Together copies the trades of the Creators you choose, under the trading authorization. Surf Mode is a paid feature in which BottomUP's systems choose, from all Creators, the trades of those it rates in the best form, and can copy them for you; it is an automated selection and not advice. Paper is a simulated account with virtual money and public prices; it never touches real money.

We may add, remove, suspend or hide any Creator or signal at any time.

Creator results are shown as the growth of a hypothetical $10,000 paper account, and other results in the app may be simulated, backtested or based on paper trading.

Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.

Past results do not predict future results. Figures may not include all fees, funding, spreads and slippage. Many Creators lose money. Results you see from other users, Creators or BottomUP's own marketing are not typical and are not a promise.

Tokens are prepaid credits for using paid parts of the Service (Foxy answers, reports, Creator subscriptions, protection features and others), at the prices shown in the app. One token is worth $0.10 of Service at our web price. Tokens are a limited licence to use the Service, not money, not a crypto-asset and not property; they cannot be cashed out, transferred, sold or exchanged, and have no value outside the Service. Tokens you buy do not expire while your account is open. Free and gift tokens are used first and may expire as stated when given.

Plans (for example Pro and Max) give a monthly token allowance that does not carry over. Plans bought on the web by card renew automatically each month or year at the then-current price until you cancel in Billing; cancelling stops the next renewal and the plan runs to the end of the paid period. We tell you before a price change applies to you. Plans paid with stablecoins are prepaid for the period and do not renew.

App stores. Purchases in the iPhone app are made with Apple and in the Android app with Google Play, under their terms; their prices include the store's fee and are higher than on the web. Manage, cancel or ask for refunds of store purchases with Apple or Google. Apple and Google are not parties to these Terms and have no responsibility for the Service, but Apple and its subsidiaries are third-party beneficiaries of these Terms for iPhone users and may enforce them.

Refunds. Except where the law gives you more rights or as stated here, payments and spent tokens are not refundable. If you bought tokens on the web and have used none of that purchase, you may ask for a refund within 14 days of the purchase at info@bottomup.app. If a payment is refunded or reversed, we take back the unspent tokens from it.

Right of withdrawal. If you are a consumer in the EU, the UK, Turkey or another country with a cooling-off right, you ask us to make tokens and plan allowances available immediately, and you acknowledge that you lose the right to withdraw for the part you have used, to the extent the law allows. Unused web purchases can still be refunded as described above.

Taxes. Prices may not include taxes; where required we add VAT or similar taxes. You are responsible for any taxes on your trading results, rewards or earnings.

We may change prices, plans and token costs for the future. A change applies to you from your next purchase or renewal after we tell you.

We may give free tokens, trials or discounts (for example a welcome gift, an invite code or a partner discount). They are limited to one per person, have no cash value, may expire and may be withdrawn if obtained by abuse (for example multiple accounts). Gift tokens do not earn Creators any income.

If you joined through a partner, reseller or referral link, that person may earn a commission from your purchases. Creators and partners who promote Foxy Pro must say clearly that they are paid for it.

BottomUP earns from token and plan sales, and from the fees OKX shares with BottomUP for trades placed through Foxy Pro and by people who opened OKX accounts through our link. This means BottomUP earns more when you trade more, whether you win or lose. Creators receive 70% of what subscribers actually pay for their subscriptions and may share in exchange revenue from their followers' trading, which can also give them a reason to trade more. Some Creators and Foxy's own strategies are run by BottomUP.

We manage these conflicts by sizing copies from fixed risk rules, limiting the number of open trades, refusing trades above set risk levels, judging our own agents by your results after fees rather than by volume, and never charging a share of your profits. You should still consider these interests when you decide.

If you publish on the Marketplace as a Creator, these terms also apply to you:

• You publish your own trades and ideas, on your own behalf. You do not give personal advice to subscribers, you hold any licence your activity needs where you live, and your content is lawful, accurate, your own and not misleading.
• You do not manipulate markets or results: no wash trading, spoofing, pump-and-dump schemes, front-running your subscribers, coordinated posting, fake or backdated signals, multiple accounts or buying your own subscriptions.
• You keep ownership of your content and give BottomUP a worldwide, royalty-free licence to host, show, distribute, translate, analyse, rank and execute it in the Service and to use your name and results to promote it.
• You earn 70% of the cash value actually paid for your subscriptions (gift tokens and refunded payments excluded), payable after 30 days and when you have given us the payout and tax details we ask for (such as a W-9 or W-8BEN). We may hold earnings under review for suspected abuse.
• You must not share risk above the limits set in the app. We may refuse an application after the trial, and may hide, suspend or remove you or any signal. We tell you the reason, and give 30 days' notice before ending your Creator access except for serious breaches or legal reasons. We give 15 days' notice of changes to these Creator terms.

You will not:

• break any law, including sanctions, anti-money-laundering, securities, commodities, consumer and tax laws, or use the Service for someone you know is not allowed to use it;
• hide your location, use someone else's account or keys, or create accounts to abuse gifts, trials or limits;
• scrape, copy, resell or redistribute the Service, Foxy's answers or Creators' signals, except sharing links the app provides, or use them to build a competing product or train AI models;
• probe, overload, reverse engineer or interfere with the Service, bypass its limits or security, or send malicious code;
• harass others, impersonate anyone, post unlawful or misleading content, or manipulate markets.

Use of the API and the AI-assistant connector is limited to the rate limits and scopes shown; keep API keys secret.

The Service, its software, design, the Foxy and BottomUP names and logos, and our content belong to BottomUP and its licensors. We give you a personal, revocable, non-exclusive, non-transferable licence to use the Service under these Terms. Reports and answers generated for you may be used for your own purposes, including sharing through the links the app provides.

You keep your rights in what you send us. You give BottomUP the licence needed to run, secure and improve the Service with it, as described in the Privacy Policy. If you send us feedback, we may use it freely.

If you believe content on the Service infringes your rights, write to info@bottomup.app.

The Service relies on and links to third-party services, including OKX, Apple, Google, Stripe, AI providers and data providers. Their terms apply to your use of them. We are not responsible for third-party services, products, deals or offers shown in the app (such as partner deals with their own referral codes).

Some features are previews or offered only to some accounts. They may change, fail or be withdrawn at any time, and may have their own terms.

You may stop using the Service and delete your account at any time in Settings or More. Deleting your account deletes your stored exchange keys and stops all Trading Features; positions already open stay at your exchange under your control. Unspent tokens are lost when you delete your account.

We may suspend or close your account, or limit features, if you break these Terms, if the law requires it, to protect you, others or the Service, or if we stop offering the Service where you are. Where we can, we tell you beforehand and give you the reason. If we close the Service or your account for reasons other than your breach, we refund unspent purchased tokens.

Sections that by their nature should continue (including payments due, conflicts, disclaimers, limitation of liability, indemnity and dispute resolution) survive termination.

TO THE FULLEST EXTENT THE LAW ALLOWS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ANY INFORMATION, SIGNAL, AI OUTPUT, RESULT OR TRADE IS ACCURATE, COMPLETE, TIMELY OR PROFITABLE.

Some laws do not allow excluding certain warranties; then the exclusions apply only as far as allowed.

TO THE FULLEST EXTENT THE LAW ALLOWS: (A) BOTTOMUP AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY TRADING LOSSES, LIQUIDATIONS, LOST PROFITS OR OPPORTUNITIES, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID BOTTOMUP IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND ONE HUNDRED US DOLLARS (US$100).

This includes losses caused by market movements, Creators' signals, AI output, delayed, failed or partly filled orders, exchange or network outages, the acts of OKX or other third parties, and unauthorized access to your account or keys that is not our fault.

Nothing in these Terms limits liability for fraud, wilful misconduct or gross negligence, for death or personal injury caused by negligence, or any other liability that cannot be limited by law, and nothing waives rights you have under securities, commodities or consumer protection laws that cannot be waived.

To the extent the law allows, you will defend and compensate BottomUP and its affiliates, officers, employees and agents for third-party claims, losses and reasonable costs arising from your breach of these Terms, your breach of law or others' rights, your content as a Creator, or misuse of your account or keys. This does not apply to consumers where the law forbids it.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED AND INCLUDES A WAIVER OF CLASS ACTIONS AND JURY TRIALS.

Talk to us first. Before starting arbitration or a lawsuit, send a written notice of your claim to info@bottomup.app with your name, account email, the facts and what you ask for. We will try to resolve it with you for 60 days, and either side may ask for a call.

Arbitration. If it is not resolved, you and BottomUP agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules, before one arbitrator. The Federal Arbitration Act governs this section. The arbitration may take place by video or in the county where you live. BottomUP will pay the AAA filing, administration and arbitrator fees beyond the consumer filing fee as the AAA rules require. The arbitrator decides all questions about the scope, validity and enforceability of this arbitration agreement, except that a court decides questions about the class action waiver and requests for public injunctive relief.

Exceptions. Either side may bring an individual claim in small claims court, and either side may ask a court to stop infringement or misuse of intellectual property or of the Service.

No class actions. You and BottomUP may bring claims only individually, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate claims or award relief to anyone other than the individual party. You and BottomUP waive any right to a jury trial. If this waiver is found unenforceable for a claim, that claim proceeds in court and the rest of this section still applies.

Mass filings. If 25 or more similar demands are filed by or with the help of the same lawyers or organization, they are handled under the AAA Mass Arbitration Supplementary Rules, and the statute of limitations is paused for claims waiting their turn.

Opting out. You may opt out of this arbitration agreement within 30 days after you first accept these Terms by writing to info@bottomup.app from your account email, with your name and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms. If we change this section, you may reject the change within 30 days and the previous version will apply to you.

Consumers outside the United States. If you are a consumer living in the European Economic Area, the United Kingdom, Switzerland or Turkey, or in another country whose law does not allow pre-dispute arbitration or class waivers with consumers, the arbitration agreement and class waiver above do not apply to you, and you may bring proceedings in the courts and consumer bodies your law gives you, including, in Turkey, the consumer arbitration committees (tüketici hakem heyetleri) and consumer courts. EU consumers can also use the EU Online Dispute Resolution information.

Time limit. To the extent the law allows, any claim must be brought within one year after it arises, or it is barred.

These Terms are governed by the laws of the State of Delaware, USA, and applicable US federal law, without regard to conflict-of-laws rules. Claims not subject to arbitration go to the state or federal courts in Delaware, and you and BottomUP consent to their jurisdiction. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live and may bring claims in its courts where that law allows.

We may change these Terms, for example when the Service or the law changes. If a change is material we tell you at least 30 days before it applies (sooner where the law requires it or for urgent legal or security reasons), and the app asks you to accept the new version before you can continue. A change does not apply to disputes that arose before it. If you do not accept, stop using the Service and you may delete your account.

• These Terms, with the documents they include, are the whole agreement between you and BottomUP about the Service.
• If a provision is invalid, the rest stays in force, and the invalid provision is applied as far as the law allows.
• Not enforcing a right is not a waiver of it. You may not transfer these Terms; we may transfer them to an affiliate or a successor.
• We are not responsible for delays or failures caused by events beyond our reasonable control, including exchange outages, network failures, attacks, government action and natural events.
• We may give notices in the app, by push notification or by email to your account address. You give notices to info@bottomup.app.
• These Terms are written in English. Translations are for convenience; if they differ, the English version prevails unless the law requires otherwise.

BottomUP, Inc., Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, USA. Email: info@bottomup.app.