Effective Date: July 2025
These Terms and Conditions (“Terms”) govern your access to and use of the platform and services provided by Enaria Technology LLC (“Enaria,” “we,” or “us”), a company incorporated in the British Virgin Islands (BVI). By registering for an account or using Enaria’s platform, you (“User” or “you”) acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Enaria platform or services.
For the purposes of these Terms, the following capitalized terms have the meanings set out below. Other capitalized terms may be defined elsewhere in the text:
“Platform” – The online software-as-a-service platform provided by Enaria, including the website, web application, mobile application (if any), and all algorithmic trading software, AI systems, dashboards, and related services that Enaria makes available to Users under a membership model.
“Services” – The AI-powered algorithmic trading execution services and educational content (such as online courses, market analysis, and news) provided by Enaria through its Platform. The Services enable automated trade execution on a User’s linked brokerage account, as well as access to the Enaria University educational materials corresponding to the User’s membership tier.
“AI Execution System” (or “Auto-Execution”) – Enaria’s proprietary artificial intelligence trading system that generates and executes trading strategies automatically on the User’s connected broker account via an API or Expert Advisor on a Virtual Private Server (VPS). This system operates based on algorithms and market data, without manual intervention by the User.
“VPS” – A Virtual Private Server environment used by Enaria to host and run the AI Execution System for each User. The VPS connects to the User’s trading account (e.g., MetaTrader platform) to send and manage trade orders on behalf of the User.
“Broker” or “Brokerage Account” – The third-party trading account maintained by the User with a licensed brokerage firm (e.g., a MetaTrader 4 or 5 account with a forex/CFD broker) which the User links to the Enaria Platform for trade execution. Enaria is not the broker and does not hold or custody User funds; the User’s funds remain in their own brokerage account at all times.
“Broker Credentials” – The login credentials (such as username, password, API key, and server details) for the User’s brokerage account. These are provided by the User to Enaria solely for the purpose of enabling the AI Execution System to execute trades. Broker Credentials are encrypted and stored securely by Enaria (using industry-standard encryption methods) and are not disclosed to any unauthorized parties.
“Membership” – A subscription plan purchased by the User that grants access to Enaria’s Platform and Services. Enaria offers multiple Membership tiers (e.g., Starter, Basic, Plus, Pro, Elite), each with specific features, limits, and fees, as defined in Section 4. A Membership is essentially a license to use the Platform for a defined period, and includes access to the AI Execution System (with usage limits per tier), the Enaria University content, real-time market analysis, and other benefits appropriate to the tier. Users are not purchasing any security, financial instrument, or investment product by buying a Membership; they are paying for a technology and education service license.
“AI Computation Fee” (also “AI Fee”) – A performance-based fee that Enaria charges on the rewards generated in the User’s brokerage account through the AI Execution System. The AI Computation Fee is calculated as a percentage of trading upcoming and uses a High-Water Mark model (defined below) with monthly crystallization (assessment). The percentage (%) applicable depends on the User’s Membership tier (see Section 4.3). This fee is typically calculated and charged monthly, and only applies in months where the AI has generated net new rewards above the previous high watermark for the account.
“High-Water Mark” (HWM) – In the context of the AI Computation Fee, the highest peak value that the User’s connected trading account balance has reached (net of deposits and withdrawals), which is used as a benchmark for calculating computation fees. Enaria’s High-Water Mark methodology ensures that the User does not pay AI fees on any rewards until any prior losses are recovered. In other words, the AI Fee is only charged on new net rewards that exceed the account’s previous highest balance. If the AI’s trading results in a loss, Enaria will not charge any AI Fee again until the account’s balance surpasses its last high-water mark.
“$GPU” (Enaria Platform Credit) – An internal, stable utility token used within the Enaria Platform for transactions. 1 $GPU is valued 1 USD. $GPU tokens are non-withdrawable credits that are created when a User deposits funds into their Enaria wallet (via any accepted payment method). Once funds are converted to $GPU, they can be used for internal platform payments only (e.g., purchasing or renewing Memberships, paying AI Fees, renewing annual maintenance fees, or buying future services). $GPU may also be transferred between Users’ Enaria wallets for platform use. Important: $GPU credits cannot be withdrawn as cash or external cryptocurrency – they remain within the Enaria ecosystem and have no value outside the Platform. This restriction is designed for compliance reasons (to prevent money laundering and illicit use of the platform credits).
“GPU$” (Reward Token) – The internal token that represents withdrawable rewards, such as referral commissions and other rewards, within the Enaria Platform. GPU$ is credited to a User’s wallet when they receive commissions (for example, from referring others who purchase memberships or from a share of AI Fees generated by their referrals). GPU$ reflects value equivalent to USD (1 GPU$ = 1 USD in value) and can be withdrawn, subject to certain conditions. Withdrawals of GPU$ are typically processed in a stablecoin (such as USDT) to an external wallet address specified by the User. There may be a minimum withdrawal amount (for example, Users must accumulate at least 25 GPU$ in their wallet before they can request a withdrawal). Withdrawals may also incur a processing fee and are subject to compliance and security checks (e.g., to ensure liquidity and regulatory compliance in releasing funds). Users also have the option to convert (swap) GPU$ into $GPU within the platform if they prefer to use their commissions to purchase services on the Platform instead of withdrawing.
“Referral Program” – Enaria’s affiliate incentive program through which Users can refer new customers and potentially receive commissions. Under the Referral Program, a referring User (an “Affiliate”) may receive compensation in the form of GPU$ credits based on (a) the Membership fees paid by people they refer (directly or indirectly), and (b) the AI Computation Fees generated by those referred users’ activity. The Referral Program is structured in levels, meaning if a referred user (at Level 1) goes on to refer someone else (Level 2 relative to the original referrer), the original referrer may also receive a smaller commission from the Level 2 referral’s activity, and so on up to a certain number of levels. The details of commission percentages and levels are set forth in Section 6. Enaria reserves the right to modify the referral commission structure and rules at any time in accordance with these Terms.
“KYC” – Know Your Customer, a verification process requiring Users to provide personal identification information and documents, so that Enaria can verify the User’s identity and assess risks such as fraud or money laundering. KYC may include photo ID uploads, proof of address, selfies for identity verification, and other compliance measures as required by law.
“AML” – Anti-Money Laundering. Enaria’s compliance program and related laws/regulations aimed at preventing illicit use of the financial system. Users may be subject to AML screenings and transaction monitoring. Enaria may require additional information from Users to comply with AML obligations.
“High-Risk Jurisdiction” – Any country or region subject to sanctions, trade embargoes, or identified by regulatory authorities or international organizations (such as OFAC or FATF) as having strategic AML/CFT deficiencies. Enaria maintains a list of restricted jurisdictions and will not onboard or provide Services to individuals or entities from such regions (see Section 3.3).
“Terms of Use” / “Terms and Conditions” – This agreement, as a binding contract between the User and Enaria governing the use of the Platform and Services. These Terms may be updated or modified by Enaria from time to time as described in Section 10 and Section 11.
Interpretation: In these Terms, unless the context requires otherwise, words in the singular include the plural and vice versa, and headings are for convenience only and do not affect interpretation. The words “including” or “for example” shall be understood as including without limitation. Any reference to “$” or “USD” is to United States Dollars (or equivalent value in another currency or stablecoin).
Note: Because different brokers may use different naming conventions for financial instruments (e.g. one broker might label a gold trading instrument as “XAUUSD” while another uses “GOLD”), it is the User’s responsibility to ensure that any mapping or selection of instruments on the Enaria Platform corresponds correctly to the instruments in their brokerage account. Enaria is not liable for any confusion or errors arising from mis-mapped instrument names or symbols. Always double-check that the symbols/trading pairs you intend to trade via the AI correspond to your broker’s naming.
Enaria provides a software platform and algorithmic tools that empower Users to automate their trading strategies and learn about trading, but Enaria does not provide investment services, financial advice, or brokerage services. The Platform is offered on a subscription (membership) basis as a Software-as-a-Service (SaaS). By purchasing a Membership, Users gain access to Enaria’s technology (AI Execution System) and educational resources (Enaria University), subject to the limits of their chosen plan. Enaria does not accept deposits of funds for investment, does not hold or manage Users’ trading funds, and does not guarantee any profits or outcomes. All trading remains in the User’s own brokerage account, which the User connects to the Platform. Enaria’s role is limited to providing the software that can execute trades on the User’s behalf as per the AI’s algorithms, and providing educational content and market insights.
Each User acknowledges and agrees that they retain full ownership and control of the funds in their brokerage account at all times. Enaria never takes custody of client funds (no User funds are held by Enaria) and Enaria’s Services are non-custodial in nature. The User may disconnect the AI or override it by manual trading at any time (though doing so is at the User’s own risk, see Section 8.7). Nothing in these Terms, and no usage of the Platform, shall be construed as creating a relationship of broker, portfolio manager, investment advisor, or fiduciary between Enaria and the User. Enaria is not a registered investment advisor and does not provide personalized financial or investment advice. Any information or market analysis provided through the Platform (such as AI-generated insights, news, or educational content) is for informational and educational purposes only and should not be construed as trading advice or a recommendation to buy/sell any financial instrument.
Automated Trade Execution: Enaria’s primary service is providing an automated trading execution system powered by AI. Upon subscription, the User can link one or more (depending on Membership tier) trading strategies provided by Enaria’s AI to their own brokerage account. The AI Execution System then generates trading signals and executes orders on the User’s account automatically, without the User’s manual intervention. Trades are executed via a secure API or Expert Advisor connection on Enaria’s VPS environment. The workflow typically involves the AI analyzing market data in real-time, making trading decisions according to its algorithmic strategy, and placing trades (entry and exit orders) on the User’s connected account. The User can monitor the trades and account performance through the Platform dashboard. The frequency and type of trades (e.g., forex, commodities, indices, etc.) may vary based on the strategy chosen and market conditions. All trades are executed in the User’s own account with their broker; Enaria merely transmits the orders to the broker on the User’s behalf.
Enaria University (Educational Content): Each Membership tier includes access to a certain level of Enaria University, which is Enaria’s online educational program. This program provides comprehensive courses and materials on trading and on how the AI system works. Depending on the tier of Membership, a User will have access to a corresponding “tier” of the university curriculum (for example, higher-tier members might have access to more advanced or comprehensive courses). This educational content is aimed at teaching Users about financial markets, algorithmic trading concepts, and how to effectively utilize the AI tools provided. The inclusion of education underlines that the service is also an educational platform, and Users are encouraged to learn and understand the trading strategies being deployed.
Market Insights and Analytics: The Platform may provide real-time market analysis, news updates, and AI-generated insights or messaging about market conditions. For instance, certain Memberships might offer an AI market-insight messaging quota – a limit on how many queries or analysis reports the AI will provide to the User per month. These could be briefings on market trends or answers to the User’s questions about strategies. The specifics of any message or insight quotas are determined by the Membership tier (e.g., a higher tier may allow more frequent or detailed AI insights per month).
Technology Infrastructure: Enaria’s Services are delivered through a robust technology stack. The backend uses cloud infrastructure (such as Amazon Web Services or similar) to ensure high availability and scalability for running the AI algorithms and hosting User data. Trades are executed via secure network connections from Enaria’s servers/VPS to the User’s broker’s trading servers (using the broker’s API or trade execution interface). The Platform implements encryption and security protocols to protect data in transit and at rest (more details in Section 7). While Enaria strives to maintain continuous uptime and swift execution, the User acknowledges that trade execution speed can be affected by network latency, broker server response times, and other technical factors outside Enaria’s direct control (see Section 8 for execution risk disclaimer).
In summary, what the User is buying is a license to use Enaria’s technology and content, not an investment product. The Membership provides: (a) access to the Enaria AI trading system (to execute trades in the User’s own account within defined limits), (b) access to educational content and market analysis, and (c) participation in the Referral Program (optional). The User is not depositing money with Enaria for investment; instead, they use their own funds in their own brokerage account. Enaria does not promise any specific trading outcomes, and all trading involves risk which the User bears (see Section 8). The User must independently decide whether using an AI trading system fits their objectives and risk tolerance. Past performance of the AI (including any hypothetical back-tested results that may be shown) is not a guarantee of future results.
Enaria may, from time to time, update or modify the Platform’s features. New tools or features may be added as part of the Services for certain Membership tiers, and some existing features may be improved or discontinued. Enaria will endeavor to provide notice to Users regarding any material changes to the core Services or any deprecation of significant features. All such updates and new features are subject to these Terms. Enaria also reserves the right to impose certain fair-use limits on the Platform’s usage (for example, limiting the number of API calls or trade signals per second, etc., to protect system stability). Such limits, if any, will be communicated in the Platform documentation or the Membership description.
By registering an account or using the Services, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if higher) and that you have the legal capacity to enter into a binding contract. The Platform is not intended for use by any individual under 18. You must also ensure that your use of the Services is in compliance with all laws and regulations applicable to you. You are not eligible to use Enaria if you have been barred from doing so under the laws of any applicable jurisdiction or by Enaria’s internal policies.
Users are required to create an account and complete Enaria’s registration process in order to purchase a Membership and access the Platform. During registration, you must provide truthful, accurate, and current information about yourself as prompted (including your full legal name, email address, physical address, date of birth, and any other required details). You agree to update such information promptly if it changes, so that our records remain correct.
As part of our compliance procedures, Enaria will require you to undergo a KYC (Know Your Customer) verification. This process will involve providing identification documents (such as a passport or government-issued ID, proof of address, etc.) and possibly a selfie or video verification to confirm your identity. We may also ask for information regarding your funding sources or trading experience to comply with AML (Anti-Money Laundering) laws. By using the Platform, you agree to cooperate with all KYC/AML requests and provide any requested documentation or information. Enaria reserves the right to reject any registration or to freeze/terminate any account that fails to pass KYC/AML checks or raises compliance red flags.
All personal information collected for KYC/AML purposes will be used strictly in accordance with our Privacy Policy and applicable data protection laws. However, we may share certain information with third-party verification service providers for the purpose of identity verification and with regulatory authorities if required by law.
Due to legal and regulatory restrictions, Enaria cannot offer the Services to persons or entities located in certain countries or regions. These include, but are not limited to, countries sanctioned by the United Nations, United States (OFAC), European Union, or British Virgin Islands, as well as any other jurisdiction which is embargoed or identified as high-risk for money laundering or terrorist financing (for example, FATF high-risk jurisdictions). By registering, you confirm that you are not a resident or citizen of, located in, or using the Service from any such prohibited jurisdiction. Enaria’s list of restricted countries may change based on global sanctions and risk assessments; Users from newly restricted regions will be notified and their accounts may be closed or suspended as required by law.
Furthermore, you represent that you are not on any government or international organization’s list of prohibited or restricted parties (such as the U.S. Treasury Department’s Specially Designated Nationals list). Enaria will screen Users against relevant sanctions and watchlists during registration and on an ongoing periodic basis. If you are identified as a prohibited party or if your status or location changes in a way that would violate this Section, you must notify Enaria immediately and we may terminate or suspend your account.
When you create an Enaria account, you will set up login credentials (such as a username and password). You are solely responsible for maintaining the confidentiality and security of your account login information. Do not share your password or account access with any other person. Enaria will never ask you for your password via email or phone. If you suspect that your account credentials have been stolen or compromised, you must notify Enaria immediately and change your password. We strongly encourage enabling any available two-factor authentication (2FA) on your account for enhanced security.
You are responsible for all activities that occur under your Enaria account, including any actions taken by persons to whom you have given access (intentionally or not). Enaria is not liable for any loss or damage arising from unauthorized access to your account due to your failure to safeguard your credentials. We reserve the right to suspend or terminate accounts that we suspect have been compromised or are being used fraudulently, and we may request additional verification from you if unusual activities are detected.
Enaria offers several Membership tiers designed to accommodate different levels of user needs and trading limit. Below is an overview of each Membership Plan, including its key features, subscription pricing, performance fee percentage, and the approximate limits. All fees are stated in USD (or equivalent value) and are typically paid using the Enaria wallet system as described in Section 5.
Enaria offers several Membership tiers to meet the diverse needs of our users. Each Membership tier provides a license to access and utilize the Enaria Platform, featuring different benefits, account limits, AI computational fees, educational resources, and affiliate commission structures.
For the most current information regarding subscription fees, detailed features, AI computation fees, account limits, and referral or affiliate commission distributions, please consult our Pricing Page directly. The Pricing Page will always contain the most up-to-date and accurate information regarding each Membership tier.
Please note that all subscription fees listed on the Pricing Page are exclusive of any applicable taxes (such as VAT or sales tax). Such taxes, if applicable, will either be added during checkout or remain the user's responsibility according to local regulations.
Enaria reserves the right to adjust Membership fees, account limits, features, and benefits periodically based on platform updates, risk management considerations, and system capacity. Any such adjustments will be clearly communicated to users, and the Terms and Conditions will be updated accordingly.
Each Membership is sold for a fixed term (e.g., 3 months, 6 months, or 12 months as selected at purchase). The Membership term begins on the date of activation (the day your payment is confirmed and account upgraded) and runs for the stated duration. At the end of the term, the Membership will expire unless renewed.
Enaria may offer an automatic renewal option for convenience. If you enable auto-renewal (where available), you authorize Enaria to deduct the subscription fee for the next term from your Enaria wallet balance (or charge your default payment method) on or about the expiration date of your current term. You will receive notice (via email or dashboard) before the renewal charge is processed. You may opt out of auto-renewal at any time via your account settings.
If a Membership expires without renewal, the User’s account will revert to an Inactive status (losing access to the trading AI and other member-only features) immediately after the expiration date. Enaria may, in its discretion, provide a short grace period after expiration (for example, a few days) during which the User can still renew and resume service without needing to go through re-setup. During any grace period, however, the AI will not open new trades, and certain features might be limited until the membership is reactivated.
Effects of Non-Renewal: If you do not renew your Membership:
You will lose access to the Enaria Platform’s member features at the end of your paid term. The AI Execution System will stop initiating new trades on your behalf. Any open positions managed by the AI may be automatically closed out at or shortly after membership expiry for safety (see Section 8.6) unless you have made other arrangements or immediately renew.
Your account will be marked Inactive in the Affiliate Program, meaning you will not receive any affiliate commissions while inactive, and you will not receive any overrides during the inactive period.
If your account remains Inactive for an extended period (90 consecutive days or more without an active membership), you risk permanent loss of your affiliates status as described in Section 6.4 and Section 10.3. Enaria implements a dynamic compression in its affiliate: if you stay inactive beyond the allowed duration, your referred users will be compressed upwards to your sponsor.
If you renew your membership before such permanent compression (e.g., within 90 days of expiry), your status can be fully restored to what it was prior to your lapse, and you can resume commissions (however, any commissions missed during inactivity are forfeited). It is your responsibility to monitor your Membership expiration date and renew timely; Enaria may send reminder notifications via email or dashboard as a courtesy, but cannot be held responsible if a lapse occurs.
In addition to the fixed Membership subscription fees, Enaria charges an AI Computation Fee (“AI Fee”) which is a percentage of the rewards generated in the User’s connected account by the AI Execution System. This fee aligns Enaria’s compensation with the success of the AI’s trading, and is only applicable when there are net rewards. Key characteristics of the AI Fee include:
Percentage Rate by Tier: The AI Fee rate corresponds to your Membership tier, as described in Section 4.1 above. (For convenience: Basic 10%; Starterx 15%; Plus 20%; Pro 25%; Elite 25%). These percentages represent the portion of rewards that will be calculated as a fee. For example, under the Basic plan, if the user generated following courses and information of Enaria $1,000 for the month, the AI Fee would be $150 (15%). Under Pro or Elite, $250 (25%).
High-Water Mark Calculation: Enaria uses a High-Water Mark (HWM) model to calculate the AI Fee. This means that the fee is only charged on new rewards that exceed the highest level your account has previously achieved. At the end of each monthly period, Enaria will look at the Net New reward in the account:
If your account balance (adjusted for any deposits/withdrawals) is higher than any previous balance peak, the difference represents new rewards above the high-water mark. The AI Fee percentage applies to that new rewards portion only.
If your account had a loss during the period, or rewards but not enough to exceed the prior high-water mark, no performance fee is due for that period. The high-water mark remains the same in case of a loss (i.e., it does not drop when your account drops – this protects you from paying fees on any recovery until you hit that prior peak again).
This methodology ensures you never pay twice for the same fee and you never pay for recoveries of past losses until reaching new territory.
Crystallization Period: The AI Fee is calculated and crystallized monthly (i.e., on a calendar month basis, or another specified regular interval, such as the last day of each month). At the crystallization date, the performance for that period is measured and any fee due is determined. Once crystallized, the fee becomes owed to Enaria.
Payment of AI Fee: The AI Fee is typically deducted from the User’s Enaria wallet in $GPU within a few days after the period ends. Enaria will issue an invoice or statement of the period’s close. Payment is due by the 7th day of the following month for the prior month’s performance. For convenience, Enaria may automatically deduct the fee from any available funds in the User’s wallet (for example, if the User has sufficient $GPU balance or received GPU$ commissions, those may be applied). If the User’s wallet does not have enough funds, the User is required to deposit funds (or authorize payment) to cover the fee by the due date. The User can pay the fee using any accepted payment method via the wallet (the payment will be converted to $GPU and deducted as fee).
Consequence of Non-Payment: If the User fails to pay the AI Fee by the due date (e.g., by the 7th of the month) or if a payment attempt is reversed (chargeback) or declined, Enaria reserves the right to disconnect the AI Execution System from the User’s account. In practical terms, the AI will cease taking new trading actions on the User’s account, and the User’s Membership status may be downgraded or set to Inactive for breach of payment terms. Additionally, the User may lose their “Active” status in the Referral Program due to non-payment, meaning they would not receive commissions while the fee is outstanding. Enaria may also consider this a material breach of the Terms, and it could lead to suspension or termination of the account (see Section 10). Late payment might incur a late fee or interest as allowed by law (Enaria will specify any such charges in the invoice if applicable).
Back-Office Maintenance Fee: Apart from the Membership and AI Fee, Enaria may charge an annual Back-Office Maintenance Fee for continued access to the affiliate/referral dashboard and related infrastructure. This fee covers the cost of maintaining real-time commission tracking, reporting tools, promotional materials, and other back-office features. For the first year of a new User’s registration, the back-office fee is waived (free). Thereafter (starting from the second year), a fee of $149.99 USD per year is charged. This fee is typically deducted from the User’s wallet in $GPU on the anniversary of their account creation or first membership purchase. It can also be paid alongside a membership renewal. Failure to pay the maintenance fee when due may result in loss of access to the affiliate dashboard and related features until the fee is paid. The back-office fee covers things like:
Access to the affiliate panel.
Commission tracking and real-time updates.
Real-time performance reports.
Access to promotional and marketing tools provided by Enaria.
Enaria will notify Users before charging the annual fee and provide instructions on payment. As with other fees, non-payment could lead to suspension of certain functionalities.
Taxes: All fees charged by Enaria (Membership fees, AI fees, etc.) are exclusive of any applicable taxes. Depending on your country of residence, you might be responsible for VAT, GST, or other taxes on the services. If Enaria is required by law to collect indirect taxes (like VAT) on the Membership or fees, it will add those to the charges at the appropriate rate. Otherwise, you are solely responsible for paying any taxes owed to your own tax authorities for the use of the Services or for any income received (such as referral commissions). Enaria will not calculate or withhold income taxes on your behalf. We encourage you to consult a tax advisor regarding any tax obligations you may have (also see Section 10.4 on User’s tax responsibilities).
Users may be allowed to upgrade their Membership to a higher tier or downgrade to a lower tier. Upgrades can typically be done at any time, with a pro-rated payment (e.g., if mid-term you want to upgrade from Basic to Plus, you’d pay the difference in price for the remainder of your term or start a new term at the higher tier). When upgrading, new features are unlocked immediately once payment is processed, and the higher AI Fee percentage will apply going forward (note: the high-water mark will carry over; you don’t reset it by upgrading, meaning Enaria won’t double dip on performance fees due to a tier change). Downgrades to a lower tier usually take effect at the end of the current paid term (Enaria may allow immediate downgrade but typically no refund is given for the remaining period of a higher tier). Downgrading could result in losing access to some features and a lower limit cap; if your trading limits exceeds the allowed limit of the new tier, you will be required to reduce it (or the AI may only manage up to that cap, leaving the rest un-traded). Referral commission eligibility may also change if you downgrade (for example, if you downgrade to Starter, your own performance fee is lower but you might also limit your ability to receive affiliate overrides since Starter doesn’t distribute affiliate AI fees). Enaria will provide details in the process of any plan change.
Enaria’s platform includes an integrated Wallet system which facilitates all payments, credits, and withdrawals. The Wallet uses two types of internal tokens (as defined in Section 1: $GPU and GPU$) to manage transactions in a transparent way. This section describes how to fund your account, how the token system works, and the policies around withdrawals and refunds.
To purchase Memberships, pay fees, or add funds to your Enaria wallet, the Platform accepts several payment methods, including:
Credit/Debit Cards: Major card networks (Visa, MasterCard, etc.) for payments in fiat currency.
Cryptocurrencies (Stablecoins): Such as USDT or USDC (commonly on supported chains like Ethereum or Tron) for depositing funds. These are treated as equivalent to USD value (1 USDT ≈ $1).
Cryptocurrencies (Others): Enaria also accepts Bitcoin (BTC) and Ethereum (ETH) for deposits. If you choose to pay with BTC or ETH, the amount will be converted at the current exchange rate into USD value for crediting your wallet.
Other Digital Payment Processors: From time to time, Enaria might support additional payment gateways or processors (for example, online payment apps or region-specific options). Availability will be shown in your wallet deposit section.
All payments are ultimately credited to your Enaria wallet in the form of $GPU tokens (see below) at a 1:1 USD ratio.
Enaria uses third-party payment processors for handling card payments and certain crypto payments. By using a given payment method, you agree to the terms and conditions of the relevant third-party processor (for example, if you pay by credit card, you agree to the card processor’s terms; if you pay in crypto, you might agree to terms of the wallet or exchange facilitating it). Enaria has no control over these external services, and is not responsible for any processing errors or fees that those providers may charge. If a payment is declined or fails due to the payment provider, Enaria will not be liable for any delays in access to the Services. Users must ensure the payment details they provide are correct (e.g., correct crypto address, sufficient fees for blockchain transactions, etc.).
As described in Definitions, $GPU is an internal stable credit that represents USD value on the Platform. When you deposit funds into your Enaria wallet using any method in 5.1, the system will automatically convert that deposit into $GPU at a 1:1 rate. $GPU is used for:
Purchasing or renewing Memberships.
Paying the AI Computation Fees.
Paying the annual Back-Office Maintenance Fee (if applicable).
Purchasing any future products or add-on services Enaria may offer.
Transferring funds to other users (e.g., you could instantly transfer some $GPU to a friend’s Enaria wallet, say to help them pay for a membership).
$GPU tokens thus function as an internal accounting unit or stablecoin strictly within the Enaria ecosystem. Important characteristics of $GPU:
Stable Value: 1 $GPU is always valued at 1 USD. The value does not fluctuate once credited. If you deposited 100 USDT, you get 100 $GPU and it stays 100 $GPU until spent.
Not Withdrawable: $GPU cannot be withdrawn or redeemed for cash or external crypto once it is in your wallet. This means if you deposit funds into Enaria, you won’t be able to later withdraw that same deposit out, except by using it on the Platform (or if you are eligible for a refund under our refund policy, which would be a separate process). This policy exists for compliance reasons – to prevent users from abusing deposits/withdrawals for money laundering, and because Enaria is not a bank or exchange to hold custodial funds. Therefore, only deposit funds that you intend to use on the Platform.
No Interest or Returns: Holding $GPU in your wallet does not accrue interest and is not an investment. It’s merely a payment mechanism.
Security: $GPU balances are recorded in your account and protected by our security measures. However, since it’s not on a public blockchain (it’s an internal token), ensure you trust the Platform’s security (we use encryption and multi-signature internal controls to manage wallets).
If you end your relationship with Enaria (terminate your account) and still have unused $GPU balance from deposits, those funds are generally non-refundable (outside the refund conditions in Section 9.2). Enaria may evaluate refunding unused credit on a case-by-case basis when an account is closed, but reserves the right to deny refund of $GPU because it is fundamentally meant to be spent in-platform.
Example: You deposit $1000 (getting 1000 $GPU), buy a $750 membership (spending 750 $GPU, leaving 250 $GPU). If you decide not to use Enaria anymore, the $250 remaining normally cannot be withdrawn. You could, however, use it to e.g. pay someone else’s membership via transfer, or pay AI fees if any were due, before closing out.
GPU$ is the counterpart token used for rewards and rewards within Enaria. If you participate in the Referral Program or receive any form of incentive or cashback from Enaria, those are paid in GPU$. For instance:
When you receive a commission because someone you referred bought a membership, you get that commission in GPU$ (credited instantly to your wallet at the time of purchase).
When you receive a commission from the AI Fee paid by someone in your referral, that is credited in GPU$ (in real time when the fee is paid).
If Enaria runs a promotion or bonus (e.g., the “6-in-90 Free Membership” bonus, etc.), any monetary value reward might also be given as GPU$.
Key characteristics of GPU$:
Withdrawable: GPU$ can be withdrawn from the Enaria system, meaning you can convert it to real money or crypto outside the platform. Specifically, Enaria allows withdrawal of GPU$ in the form of cryptocurrency (currently, in USDT stablecoin) to an external wallet of your choice. When you initiate a withdrawal, Enaria will deduct the GPU$ from your balance, and send an equivalent amount of USDT (or potentially another supported payout currency) to the wallet address you provide.
Minimum Withdrawal & Fees: There is a minimum withdrawal threshold in place. For example, you might need at least 25 GPU$ in your wallet to request a payout (the exact minimum is set by Enaria and displayed in the withdrawal interface). This prevents inefficiency with tiny withdrawals. Additionally, each withdrawal is subject to a processing fee. The fee might be a flat amount (e.g., $5) or a percentage (e.g., 1%), depending on network costs and Enaria’s policy. The withdrawal interface will clearly show any fee before you confirm the transaction, and the fee will be deducted from the amount you withdraw (for instance, withdrawing 100 GPU$ with a $5 fee would result in 95 USDT sent to you).
Withdrawal Process and Timing: Withdrawals are not instantaneous. When you submit a withdrawal request, it enters Enaria’s processing queue. Payouts in USDT (or other crypto) will be made to your specified wallet address, typically within a certain time frame (e.g., 1-3 business days). Enaria may perform security and compliance checks on withdrawals, especially large ones, which could occasionally delay the payout. These checks are to ensure there is no fraudulent activity (like someone hacking your account to withdraw) and to manage the platform’s liquidity. Enaria may also batch-process withdrawals at certain intervals.
Internal Swap Option: If you prefer to use your received GPU$ within the platform instead of withdrawing, you have the option to swap GPU$ into $GPU within your wallet. This effectively converts your commission into spendable platform credits. For example, if you received 50 GPU$ in rewards, you could swap that to 50 $GPU and then use it to pay for your next membership renewal or AI Fee. This swap is done at 1:1 and usually without fee (internal transfers between your own balances).
No Lock-up: There is no mandatory holding period for GPU$ commissions. Once commissions are credited and you meet the minimum amount, you are free to withdraw them – Enaria does not impose a time lock on when you can access your rewards. (However, note that commissions are only paid out if you maintain an active status as per the Referral Program rules; if you become inactive, new commissions stop accruing until you reactivate, but any existing GPU$ you have remain yours to withdraw.)
Third-Party Conversion: When you withdraw GPU$ as USDT or another crypto, you might later convert that to fiat via your own means. Any such conversion outside Enaria (for example, selling USDT on an exchange for cash) is solely your responsibility. Enaria’s responsibility ends once we send the USDT (or applicable token) to the address you provided.
Users may transfer $GPU credits to one another (for instance, if you want to fund a family member’s account or share some credits). These transfers are instantaneous and free within the Platform. However, note:
You cannot transfer GPU$ directly to another user; GPU$ can only go to your account and out via withdrawal or conversion. If you want someone else to benefit from your GPU$, you’d have to withdraw and then give it externally, or convert to $GPU and then transfer $GPU internally.
Transferring $GPU is intended for genuine purposes (e.g., gifting or helping referrals fund their membership). Abuse of transfers for circumvention of the no-withdrawal rule is prohibited. For example, you should not deposit money, get $GPU, then transfer $GPU to another user you control, and ask them to spend it and then try to get any value out – Enaria monitors for patterns that look like attempts to indirectly cash out $GPU.
No Secondary Market: The tokens ($GPU and GPU$) are not cryptocurrency on an open market. They are solely ledger entries within Enaria. You are not allowed to attempt to sell or trade these balances outside the Platform. Any attempt to do so (like selling your account credentials to transfer value) is a violation of these Terms.
Enaria maintains a no-chargeback policy. If you fund your account or purchase a Membership via credit card or any method and then initiate an unjustified chargeback or dispute with the payment provider, this is considered a breach of contract. We understand that sometimes chargebacks are done for legitimate reasons (e.g., suspected fraud). However, if you deliberately dispute a valid charge, your account may be immediately suspended or terminated. Enaria reserves the right to deduct the disputed amount from your wallet balances (including any GPU$ commissions you’ve received) to offset the reversal, and to pursue collection efforts for any remaining balance owed. You will also be responsible for any chargeback fees or penalties that our processor charges us due to your dispute.
If a payment you made is reversed (for example, a crypto transaction to us is later deemed invalid or a bank transfer bounces), Enaria will remove the credited $GPU from your account equivalent to that payment (which could result in a negative balance if you’ve spent those credits). You agree to promptly resolve any negative balance either by re-depositing the amount or making arrangements with our support. Enaria may suspend your service until the negative balance is corrected.
Fraud Prevention: To protect Users and Enaria from fraud, we may require additional verification for certain payments or withdrawals. For instance, we may ask you to verify small trial deposits, provide ID verification again when withdrawing large amounts of GPU$, or other measures. Please understand these steps are for security and compliance.
Enaria offers an optional Program (“Affiliate Program”) that rewards Users for referring new customers. If you choose to participate, you must abide by the following rules and understand the structure of commissions.
The Referral Program is a level commission system. In simple terms, you can receive commissions from people you directly refer (Level 1 referrals), and also a smaller commission from those referred by your referrals (Level 2), and so on, typically down to maximum 5 levels in depth.
However, to receive commissions beyond Level 1, you must meet certain qualification criteria. There are four status levels for participants:
Enabled: Every new user is initially “Enabled” for the first 30 days after registration. In this period, you can refer others and receive commission from your direct referrals (Level 1) even if you haven’t purchased a Membership yet. However, as an Enabled (not yet Active) user, you only qualify for Level 1 commissions.
Active: To become “Active” and unlock the full Referral Program benefits, you must either purchase a Membership or fulfill a special condition (Enaria may have promotions like “refer 6 members within 30 days to get Active status”). Active status means you have a current paid Membership (or an equivalent qualification) and are eligible to receive commissions on multiple levels, provided you also meet the “Qualified” criteria for deeper levels (see below). Active status is maintained as long as you keep your Membership valid (or meet any ongoing criteria for activity).
Qualified: “Qualified” refers to unlocking deeper levels of commission by achieving a certain number of direct referrals.
Inactive: If your Membership expires and you do not renew, you become Inactive. Inactive users do not receive any commissions even from their existing affiliate. Your downline still remains “attached” to you for a grace period (90 days), but you won’t receive any payouts until you reactivate (by purchasing a new Membership). If you remain Inactive for too long, you risk being marked Disabled.
Disabled: If a user stays Inactive for 90 consecutive days, they are moved to a Disabled status. Disabled status means you permanently lose your entire referral affiliate. The system will compress your downline: your direct referrals will move up to your sponsor or next active upline, and so forth. This is irreversible – even if you later buy another membership, you cannot reclaim the affiliate that was lost while you were Disabled. This mechanism is designed to ensure an active and fair affiliate where rewards go to those who remain engaged. Enaria emphasizes that it is each user’s responsibility to keep track of their Active status and renew memberships timely if they wish to preserve their affiliate. Reminder emails or notifications may be sent, but ultimately the responsibility is on the user.
There are two main types of commissions you can receive from your referrals:
Membership Purchase Commissions: Each time someone in your referral affiliate purchases or renews a Membership, you can receive a commission, paid immediately in GPU$. The commission is a percentage of the membership fee they paid
Commission Cap: Enaria may cap the maximum commission a single account can receive from a single sale or fee, simply to prevent any extreme scenarios or comply with regulatory guidance. If such caps exist, they will be described in the detailed Referral Program policy. Generally, the structure is designed so that at most 50% of revenue (membership or AI fee) is paid out in total commissions, ensuring the program’s sustainability.
Enaria encourages members to share the platform and benefit from referral commissions, but strict guidelines must be followed to ensure ethical promotion:
No False Promises: You must not make unrealistic income claims or guarantees when promoting Enaria. For example, you cannot promise that someone will “get rich” or achieve specific trading rewards by using Enaria. Any historical performance or rewards examples you share must include disclaimers that results vary and are not guaranteed.
No “Investment” Language: Remember that Enaria is not an investment scheme or fund. Do not portray it as a passive investment where “you just put money and it grows” – this is misleading and against our terms. Emphasize the truth: Enaria provides a trading tool and education, with risks involved, and the user’s own broker account is doing the trading.
Compliance with Laws: If you are promoting Enaria, you must comply with any marketing and advertising laws in your region. For instance, some jurisdictions require including your name and contact info on promotional materials, or certain disclaimers when discussing rewards. It’s your responsibility to follow such laws. Enaria is not responsible for how you choose to market, but we may require you to modify or cease certain promotional tactics that we become aware of and deem non-compliant or damaging.
Use Approved Materials: Enaria may provide official marketing materials (presentations, PDFs, videos, etc.) in the back-office. You are encouraged to use those to ensure consistency and accuracy of information. If you create your own materials, make sure they are accurate and not misleading. Do not use the Enaria logo, name, or branding in a way that suggests you are an official representative of the company (you are an independent promoter).
No Spam or Unsolicited Mass Marketing: Do not spam people with your referral links. This includes no sending of unsolicited bulk emails, messages, or posting your link inappropriately on social media and forums. You should also not run ads that could confuse Enaria with another platform or that target potentially vulnerable individuals.
No Referral Fraud: You must not engage in fraud to gain referrals or commissions. This includes creating fake accounts, self-referring through alternate identities, or colluding with others to game the compensation plan. Any commission obtained through fraudulent or unethical means will be voided and is grounds for termination of your account.
Disclosure: If required by law or platform guidelines (for example, on social media), disclose that you may receive a commission for referrals. Transparency builds trust and is often legally required.
Enaria may run a promotion referred to as the “6-in-90” bonus: if you personally refer 6 new Active members within 90 days of your own membership purchase, you become eligible for a reward. As of current policy, that reward is a free 3-month Membership extension. The level of the free membership is typically matched to the average tier of those 6 referrals. Detailed terms for this promotion will be provided in the back-office or promotional materials. It’s a one-time bonus for new members and cannot be repeatedly claimed unless explicitly allowed.
As mentioned, the Enaria back-office provides a live tracker for your affiliates. You can see who is in your 1st level, 2nd level, etc., and their status (Active/Inactive). Commissions are tallied in real-time. If you believe a commission is missing or mis-calculated, you should report it within a reasonable time. Enaria reserves the right to correct any payout errors (including reversing overpayments or adding missed payments) in subsequent disbursements.
Enaria may adjust the referral plan structure (percentages, levels, qualifications) for new activity at its discretion, for example, to improve sustainability or comply with new laws. Any such changes will be announced, and we will not retroactively strip commissions already received. Participants will be notified via email or dashboard notice of any upcoming changes to the program. Continued participation after such changes constitutes acceptance.
Finally, participation in the Referral Program is optional. If you prefer not to refer anyone, you can simply use the platform for its trading and education benefits with no impact. These rules only apply if you choose to engage in referral activities.
Enaria takes security seriously, especially when it comes to access to your brokerage accounts and the automated execution of trades. This section outlines how we protect your API or trading account credentials, and what your responsibilities are in using the Platform in a secure manner.
To use the AI Execution System, you need to provide Enaria with the credentials necessary to access your trading account. This may be in the form of:
MetaTrader Login: If using MT4/MT5, typically a login number, password, and broker server name.
When you input these credentials into the Platform, they are immediately encrypted using strong encryption algorithms (for example, AES-256 encryption or an equivalent industry-standard cipher). The encrypted credentials are stored on our secure servers and are only decrypted in memory when needed to execute trades, and only by automated systems – no human staff can directly read your passwords. Enaria also employs secure key management practices and access controls: only the AI trade execution service has the ability to use the decrypted credentials, and that too in a controlled environment.
While Enaria does its part to secure your credentials, you also have responsibilities:
Provide Accurate Info: When connecting an account, make sure the credentials are correct and correspond to the account you want the AI to trade. Mis-connecting an account (e.g., giving credentials for a wrong or demo account by mistake) is your responsibility to catch.
Regular Password Changes: It is highly recommended that you change your broker account password periodically, for example every 90 days, as a good security practice. When you do so, remember to update the credentials in Enaria’s Platform so the AI can continue to access your account. If you suspect at any time that your broker password is compromised, change it immediately and inform Enaria support to temporarily pause the AI (if needed) until you update the credentials.
API Key Rotation: If using API keys, similarly rotate/regenerate them periodically or as advised by your broker. Remove any API keys from your broker that are no longer needed or that you may have accidentally exposed.
One Account per Membership: Do not share one trading account across multiple Enaria users or vice versa.
Enaria’s infrastructure are secured behind firewalls and undergo regular security audits. The environment is hardened to prevent unauthorized access. However, as a User, you should also maintain good security hygiene:
Device Security: Ensure the device from which you access the Enaria Platform (your computer, smartphone, etc.) is free from malware. A compromised personal device could log your keystrokes or steal your session tokens. Use antivirus and keep your OS updated.
Session Management: When you log in to Enaria, if on a shared or public computer, always log out after. Be cautious of using the Platform over public Wi-Fi networks; if you must, consider using a VPN for an encrypted connection.
Credential Sharing: Never share your Enaria account credentials or your broker credentials with anyone else. Enaria’s support team will never ask for your broker password. If someone contacts you claiming to be support and asks for sensitive info, it’s likely a scam – report it to us.
If Enaria provides direct API integration (like if you could connect via API key for certain brokers), you must not abuse the API. For example, you should not deliberately cause excessive API calls or attempt to hack or reverse engineer the API. The Platform sets reasonable limits on frequency of trade signals and data polling to ensure system stability. Users are prohibited from any actions that would disrupt the Services or others’ use of the Services, such as deploying malicious scripts or additional automated systems that hit Enaria’s APIs outside of the provided AI (e.g., you shouldn’t write your own bot to spam our endpoints).
Enaria may monitor the system for any such misuse and will suspend accounts that engage in such behavior.
For MetaTrader-based execution, Enaria provides its own VPS hosting to run the Expert Advisor (EA) that connects to your account. This means you typically do not need to run your computer 24/7; the trading runs on our side. The EA/bridge we use is digitally signed and only connects to Enaria’s strategy logic. It does not have any hidden functions beyond trade execution and reading necessary data. We do not tamper with your account beyond sending trades and reading balance/equity to calculate fees and performance.
If you are ever given a file to install (for any reason, like maybe a monitoring EA for your MT platform), ensure it’s from an official Enaria source. We generally aim to avoid requiring users to do complicated setups – linking should be as straightforward as entering credentials on our site. In case you are unsure about how connection works, consult our documentation or support.
Data from Broker: Note that Enaria will have access to data from your brokerage account such as balance, trading history, open trades, etc., through the API or connection. We treat this data as confidential. It is used to display information to you on the dashboard and for our algorithm to make decisions. We may also aggregate anonymized data across users for improving the AI or for metrics, but we do not share specific user trading data with third parties except as needed to provide the service or if required by law (see Privacy Policy for details).
In the unlikely event of a security breach involving your credentials (for example, if we discover our database was compromised), Enaria will promptly inform affected users and take steps as per our incident response plan. Users should then immediately change their broker passwords. We have an obligation to notify you and possibly regulators of certain breaches, which we will uphold (see Data Protection in Section 8 and Privacy Policy references).
By using the Platform, you acknowledge that no system is perfectly secure, but Enaria commits to using commercially reasonable and up-to-date measures to protect your information. You also agree to take responsibility for safeguarding your own access and promptly notifying us of any suspected unauthorized access or security concerns.
Using Enaria’s Platform involves significant risks, as does any trading in financial markets. This Section contains important disclaimers and limitations of liability. Please read it carefully to understand the extent of Enaria’s responsibilities and your responsibilities.
Enaria is a technology provider, not a financial advisor. No information or output provided by the Platform (whether from the AI’s signals, educational content, or support staff communications) constitutes investment advice or a recommendation to buy or sell securities or other financial instruments. You alone are responsible for all trading decisions made in your account. The decision to use the AI Execution System is yours, including the selection of strategy, the choice of broker, the amount to allocate, and any time you decide to start, pause, or stop the AI. Enaria does not have any discretionary authority over your funds or account; we only execute trades algorithmically based on the system’s strategy, which you enable.
We strongly recommend that Users educate themselves (through Enaria University and other sources) on the risks of algorithmic trading. Any settings or configurations that the Platform allows you to adjust (such as risk level, lot size multipliers, etc., if applicable) should be adjusted carefully and are at your sole risk.
Enaria’s personnel may, at times, provide you with general information about how the system works or factual market information (for example, explaining how a stop-loss works, or that a certain market is volatile). Such information is not tailored to your situation and does not constitute personal advice. We do not know your individual financial circumstances or objectives, and even if we did, we do not give advisory services. You should consider seeking advice from a licensed financial advisor if you need personal investment guidance. By accepting these Terms, you confirm that Enaria has not given you any promises of profitability or advice specific to your investment needs, and that you understand the nature of the Services.
Trading is inherently risky. The use of an AI or algorithm does not eliminate risk. Enaria does not guarantee any reward or specific outcome from using the Platform. Past performance of Enaria’s AI (whether shown through back-testing, user testimonials, or other data) is not a reliable indicator of future performance. Markets can change, and an AI that worked in the past may falter under new conditions. There is also the risk of substantial losses. By using Enaria, you acknowledge and accept that you could incur losses in your trading account, potentially equal to or greater than the amount you deposit with your broker, especially if leverage is involved.
Enaria makes no warranties or representations that its software will make profitable trades. All warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are disclaimed to the fullest extent permitted by law. The Platform and Services are provided “as is” and “as available”. While we strive for excellence, we do not warrant that the Service will be uninterrupted, error-free, or that any defects will be corrected, or that the system will always be correct in predicting market movements.
You expressly acknowledge that algorithmic trading involves risks such as:
Rapid market movements causing losses before the system can react.
The AI making an incorrect prediction or encountering a market regime it wasn’t trained or optimized for.
Technical issues causing delays or missed trades that could have been profitable or avoiding trades that turn out to be losing (both scenarios).
Slippage or poor execution by your broker leading to worse results than the AI’s strategy expects (see 8.3 below).
Black swan events (extreme market events) where normal strategies fail.
You agree to use the Platform at your own risk, and you have assessed that risk and found it acceptable for your situation. No part of your membership fee or AI fee constitutes an insurance or guarantee against trading losses; those fees are simply payment for the use of the service, win or lose.
Enaria never takes possession of your trading capital, and the trades are executed in your own account. As such, you retain control and could intervene if you choose (although doing so is not recommended, as discussed below). Enaria’s role is more akin to a software vendor than an investment manager. We have no fiduciary duty to you in the sense that a registered investment advisor or fund manager would. We are not managing a pooled fund – we are providing a tool. This means that, while we certainly aim for our product to succeed for you (as that is in our interest, too), we legally and formally are not in a position of trust managing your money. We provide the same service to all members of a given tier and do not customize it per individual. You use the service at arm’s length, and you are free to stop using it at any time.
When the AI sends orders to your broker, a number of things can affect the outcome:
Latency: There is a slight delay from signal generation to execution. Network latency between our servers and your broker’s servers can cause orders to fill at a slightly different price than intended. In fast-moving markets, this could be in your favor or against you.
Slippage: This refers to the difference between the expected price of a trade and the price at which it is actually executed. Slippage often occurs during high volatility or if the order size is large relative to market liquidity. For example, the AI might try to sell at 1.3000 but the trade actually executes at 1.2995 – that 0.0005 difference is slippage. You must accept that slippage is part of trading; Enaria is not responsible for slippage as it’s under the control of market conditions and your broker.
Broker Execution: Your broker might at times reject orders, especially if you run into margin issues or if their platform has problems. Or they might fill only part of an order (for partial fills in some markets). Any such execution issue is outside Enaria’s control. Enaria is not liable for losses or missed rewards due to broker errors, rejection of trades, requotes, or other broker-specific behaviors.
Spreads and Fees: If your broker has high spreads (difference between buy and sell price) or commissions, these will affect performance. The AI doesn’t control broker fees; it assumes typical costs. If your costs are higher, results can differ. It’s your responsibility to choose a suitable broker with reasonable trading costs.
Trade Modifications: The AI may set stop-loss or take-reward levels. Sometimes brokers might move stops (if trailing stops) or there could be gaps where a stop-loss executes at a worse level than set (gap risk). Enaria can’t guarantee stop orders will always fill at exactly the price set – standard market conditions apply.
By using the Service, you acknowledge these execution risks. We do not compensate for differences between hypothetical/indicative performance and actual live performance caused by these factors.
If you notice systematic execution issues (like every order is significantly delayed), you should check with both Enaria support and your broker. Sometimes changing the server or other technical adjustments can help if it’s a persistent latency issue. But in many cases, it’s just market reality.
Enaria strongly recommends that you do NOT manually trade on the same account that the AI is managing. The reason is that manual trades can interfere with the AI’s strategy and cause unexpected results or conflicts. If you still choose to enter manual positions or use a separate Expert Advisor on the same account, you do so at your own risk. Enaria will not be responsible for any losses or adverse performance resulting from your manual interventions or additional strategies running on the account.
Specific issues that can arise from manual trading on the AI-managed account:
Risk of Conflicting Positions: The AI might open a trade expecting a certain account equity or margin availability. If you have also opened other trades, you might run out of margin or skew the risk calculations, potentially causing premature stop-outs or preventing the AI from executing trades.
Impact on AI Decisions: The AI might read the total position exposure on the account (depending on strategy) and could become “confused” or constrained by the presence of positions it didn’t open. For instance, if you are long on an asset and the AI’s logic wants to go long as well, it might either not enter (thinking you already have exposure) or double up unknowingly, increasing risk.
High-Water Mark and Fee Calculation: If you make rewards through your own manual trades on the account, note that those rewards may still count towards the AI’s performance for fee calculation purposes. The system will see the account’s equity increase and could attribute it to overall performance. In practice, Enaria’s fee will be calculated on the net reward of the account. It cannot easily distinguish if part of that reward was your manual doing. By using the service, you agree that any rewards in the account during a fee period is fair game for the AI fee (since the AI’s presence enabled the account setup and risk-taking, etc.). Conversely, if you incur losses by manual trading, Enaria will not lower the high-water mark to give you a “credit” on the AI fee. For example, if the AI made $1000 reward (HWM up to +1000) and you manually lost $500 right after, bringing net to $500, Enaria might still calculate fee on the $1000 portion (depending on timing), and the high-water mark for future fee calculation might remain at the higher level, ignoring the manual loss. This is to prevent users from circumventing the performance fee by intentionally losing money or taking actions outside the AI’s scope. In short: Manual losses will not reduce your obligation to pay AI fees on AI-generated rewards.
No Liability for Manual Actions: You take full responsibility for any manual trades or external interference in the account. Enaria will not compensate you for losses that result from such actions, and such losses will not reduce fees owed (except as they naturally reduce account reward, but not below previous HWM as noted). We also reserve the right to discontinue service or flag your account if manual trading consistently disrupts the AI’s operation.
For best results, treat the AI-managed account as a “hands-off” account. If you wish to do manual trading, it’s advisable to do it in a separate account, or at the very least when the AI is not running (and then be aware you should probably stop the AI or remove those funds from AI management to avoid conflicts).
Because trading involves leverage (in many cases), your account could face drawdowns (drops from a peak) and even margin calls. Enaria’s strategies typically aim to manage risk, but there is no guarantee against severe drawdowns. You are responsible for monitoring your account’s equity and margin level. The Platform may provide analytics about drawdown levels, but ultimately, if your broker issues a margin call or starts liquidating positions, that is between you and the broker. Enaria’s AI might not be able to prevent a margin call if losses accumulate quickly. We disclaim responsibility for any positions closed by your broker due to margin rules. The User should ensure they understand their broker’s margin requirements and perhaps keep some extra equity as a buffer.
If your account falls below a certain threshold or if there are not enough funds to continue trading effectively, Enaria may alert you or even pause the AI for your protection. However, Enaria is not obligated to do so and doesn’t guarantee that it will intervene before a catastrophic loss – sometimes moves are too swift.
Enaria may at times need to pause the AI trading due to technical maintenance, upgrades, or external events:
If our servers or the VPS environment require maintenance or encounter a technical fault, we might temporarily halt sending new orders until resolved. We will try to close or manage any open trades safely before doing so.
In case of extreme market events (e.g., trading halts on exchanges, extreme volatility like flash crashes) or other force majeure events (natural disasters, internet outages, cyberattacks, etc.), Enaria reserves the right to suspend the AI’s operation for the duration of the event to protect Users from unpredictable behavior. We will resume normal operation when conditions stabilize.
Enaria is not liable for losses or missed opportunities during such suspension periods, as these decisions are made in good faith for protection or are outside our control. For example, if a VPS goes down and the AI misses a trade that would have been profitable, we will not compensate that missed reward. Conversely, if a pause meant the AI didn’t close a trade and it led to a loss, that is a consequence of the event that caused the pause, not a breach by Enaria.
We will communicate with Users via the Platform or email about any significant outages or pauses. It is the User’s responsibility to also keep an eye on their account. In some cases, Users might choose to manually intervene (for instance, closing positions) if they become aware the AI is offline. That is up to user discretion in such rare emergencies.
While we touched on this above, to reiterate: the Enaria Platform is provided “as is” without warranty of any kind. This includes the website, software, algorithms, and all content. We do not warrant that the Platform will meet your requirements or expectations, or that it will be available uninterrupted 100% of the time. We do not warrant that the data presented (e.g., pricing feeds, signals) are free of errors, though we strive for accuracy.
Enaria will not be responsible for any systemic risk or issues such as:
Power failures, hardware failures, or software bugs on our side (though we have redundancy, issues can still happen).
Data errors from third-party providers (like incorrect price feed or news).
Incompatibility or issues on the User’s side (for example, if your browser is outdated or you have connectivity problems).
To the fullest extent permitted by applicable law, Enaria’s liability to you is limited. Enaria (and its officers, directors, employees, and agents) shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, loss of goodwill, lost opportunities, trading losses, data loss, or other intangible losses, even if we have been advised of the possibility of such damages.
In no event shall Enaria’s total cumulative liability to you for any claims arising out of or relating to these Terms or the Services exceed the greater of: (a) two times the amount of the most recent Membership fee that you paid (for the membership period in which the event giving rise to liability occurred), or (b) USD $1,000 (one thousand US dollars). This limitation applies to any and all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory.
For example, if you paid $300 for a quarterly membership, and something went wrong, our liability might be capped at $600 in that scenario. If you are on a high tier and paid $2000, two times that is $4000, so the cap might be $4000 in that case (assuming that exceeds $1000). If, however, law does not allow such caps in certain cases, we will comply with the minimum allowed cap but this is our intended limitation.
We specifically also disclaim liability for any third-party actions or omissions, such as those of your broker, payment processors, or other users. We do not assume liability for any content or statements made by other Users (if say in a community forum context, just as an example).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation/exclusion of liability for certain damages. To the extent that those laws apply to you, some of the above disclaimers or limits may not apply. But in any case, our liability is the minimum allowed by that jurisdiction’s law.
You agree to indemnify, defend and hold harmless Enaria and its affiliates and their respective officers, directors, employees, and agents from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms or of any representation or warranty herein; (b) your use of the Platform or Services (including any content you submit, actions you take, or decisions you make using the Service); (c) your violation of any law or regulation or the rights of any third party; and (d) any dispute between you and a third party, such as your broker, a referred client, or another user.
For example, if a third-party or government agency sues Enaria because of something you did (like you used Enaria to manipulate markets or you made illegal referral claims and someone sues us for misrepresentation), you would be responsible for the costs we incur due to your action. We will control the defense of any such claim, but expect your cooperation in good faith.
This indemnification obligation will survive any termination of your relationship with Enaria or use of the Services.
Nothing in these Terms shall be construed to create a joint venture, partnership, or fiduciary relationship between you and Enaria. You are a customer and, potentially, an independent affiliate if you engage in referrals, but not an agent or employee. You have no authority to bind Enaria to any contract or obligation, and you shall not misrepresent yourself as having such authority.
These Terms are intended for the benefit of you and Enaria and not for any third party. No third party shall have any rights to enforce any term of this agreement (except as may be required by law or allowed for Enaria’s successors/assignees).
This section covers additional terms regarding payments for the Services and the circumstances under which refunds might be available.
When you purchase a Membership or owe any fee (such as the AI Fee or maintenance fee), you must pay the amount in the currency and method Enaria specifies (generally USD equivalent via the wallet). If you are paying from a different currency or via crypto, you are responsible for any exchange fees or rate differences. We will credit your account the exact USD equivalent that we receive net of any processing fees.
All amounts due must be paid in full. You are not allowed to set-off (offset) any alleged claim you have against Enaria against fees or amounts you owe us. For example, you cannot refuse to pay an AI Fee arguing that “the AI lost me money last month” – the fees are due as per agreement regardless of trading outcomes, except as explicitly provided in a refund scenario. If you do have a dispute, you still must pay what is due and resolve the dispute separately.
Membership Fees: Enaria offers a limited refund policy for Membership subscriptions, primarily to comply with certain consumer protection laws and to ensure fairness for new users:
If you are a new user (first time purchasing a Membership) and you find that the Services are not to your satisfaction, you may request a refund of your Membership fee within 14 days of purchase, provided that you have not yet connected a live brokerage account to the Platform and have not made substantive use of the product. “Substantive use” generally means executing trades or consuming significant content. Simply browsing the dashboard or interface is fine, but if the AI has executed trades on your account or if you have unlocked and accessed a substantial portion of the Enaria University content, that counts as usage.
This 14-day refund is essentially a “cooling-off period.” To claim it, you must contact support within 14 calendar days from the date of purchase and explicitly request the refund. We may ask you for feedback or reasons (to improve our service), but you’re not obliged to provide detailed justifications if you meet the criteria.
If approved, refunds will be issued via the original payment method when possible (e.g., we would re-credit your card, or send crypto back, or simply not charge if it was pending). If original method is not feasible (say, crypto address can’t accept returns), we’ll work out an alternative (like USDT to a provided wallet).
Note: If you have multiple accounts or try to abuse this policy (like signing up, refunding, then signing up again repeatedly), we reserve the right to deny refunds and possibly ban such activity.
For renewals or existing users purchasing subsequent Memberships: We generally do not offer refunds once a membership term has started. By renewing, you are committing for that period. There is no pro-rated refund if you decide to cancel mid-term. For example, if you paid for a 3-month renewal and after 1 month you want to stop, that is your choice but the 3-month fee will not be partially refunded. The rationale is that affiliate commissions may have been paid out on that sale, and it would be unfair enrichment to get a refund after benefiting from services or referral rewards.
Exception: in special cases of platform fault – e.g., if the platform was completely unusable for you due to a technical issue and support could not fix it in a reasonable time – Enaria may decide at its discretion to refund or credit some amount. This would be case-by-case and is not a guarantee, but we want to be fair if, say, someone paid and literally couldn’t use the service because of a bug that was our fault.
Token Balances: As explained, deposits converted to $GPU are not intended to be withdrawn. Thus, if you have remaining $GPU credit and stop using Enaria, ordinarily that is not refunded. The only scenario where a deposit might be refunded is if you made a deposit specifically to pay a fee or membership and the service cannot be delivered (for example, you deposit money to renew membership, but before it’s used you change your mind within 14 days and qualify for refund – in that case we might return that deposit). Another scenario: if Enaria were to cease operations or terminate your account not for cause, we might refund unused portions voluntarily.
Affiliates: Commissions (GPU$) are technically not yours until withdrawn. If your account is terminated for a violation, any pending or even credited but not withdrawn commissions may be forfeited (see Section 10 on termination). If you decide to quit, we’re not going to “claw back” any commissions you legitimately received while active – those remain withdrawable during the normal course (subject to the min threshold). But if you are seeking a refund on your membership, and meanwhile you received commissions, we might deduct the commissions from the refundable amount or cancel those commissions, because it wouldn’t make sense to have gotten paid out for a program while refunding your way out of it.
Chargebacks: We covered this in Section 5.5 – initiating a chargeback without following our refund procedure is a violation. Always try to resolve with us first.
How to Request Refund: Contact our customer support through the official channel (email or ticket system as listed on our site) with your account details and the request. If it’s within the eligible period and conditions, we will process it. Refunds, if granted, will be processed as soon as reasonably possible, but depending on method it might take several business days to appear in your account (especially credit card refunds can take a week or more).
We aim to be fair and transparent with refunds, within the constraints of running a sustainable business. Please make sure you fully understand what you are buying and the associated risks before the refund window closes.
When you make payments or withdrawals, third-party fees may apply (as mentioned). For example, your credit card might charge a foreign transaction fee if applicable, or a crypto withdrawal might have a network mining fee. Those are borne by you. Enaria will not reimburse those incidental costs. We try to minimize them (for instance, by batching crypto withdrawals to reduce fees, or offering local payment methods when possible).
On the matter of taxes: Enaria’s prices do not include any personal taxes you might owe from using the service or receiving money. If you receive a lot in referral commissions, that’s income you might need to report in your jurisdiction. Enaria does not withhold any income tax from commissions (unless required by law in some special circumstance). We may issue you and tax authorities a form or report of your rewards if required by law (like a 1099 form in the US, etc., if applicable), using the information you provided in KYC, but you remain solely responsible for paying any income taxes or similar on those rewards.
For membership purchases, if you reside in a country where VAT or GST applies to digital services, we might be required to collect it. If we do, it will be clearly indicated (e.g., “Price $100 + VAT”). If it’s not clearly added, then either it’s not applicable or it’s your obligation under reverse charge mechanisms (for business customers abroad, etc.). We follow the law on this and will clarify based on your location.
Enaria might offer promotional discounts or coupon codes occasionally (for example, first month free, or a percentage off for early sign-up, etc.). Any such promotions have specific terms – typically, they cannot be combined with other offers, are limited to one per user, and might only apply to the initial purchase. If you received a discounted membership and then ask for a refund under the refund policy, Enaria reserves the right to treat the discounted amount appropriately (you won’t receive more than you paid obviously, and if a free period was given, there’s nothing to refund for that portion).
Promotions might also be revoked if we detect abuse or violation of terms. For example, if someone uses multiple emails to get a “first month free” repeatedly, we can charge them for those months or cancel service.
All financial transactions on the Platform must be in compliance with our policies and obviously lawful. If we suspect money laundering or fraud (e.g., deposits that make no sense economically followed by immediate withdrawal requests of GPU$ that don’t align with actual commissions), we will investigate and possibly involve authorities, and such actions are grounds for termination as well.
In summary: Pay what is owed on time, know that except for the 14-day new user window (no usage) there are generally no refunds, and do not try to game the system financially.
Either party (you or Enaria) can terminate this agreement under certain conditions. This section explains how you can terminate, how we can, and what happens to your account, trades, and any balances or affiliate upon termination.
You may terminate your agreement with Enaria and close your account at any time by providing notice to Enaria (usually via an account settings option or contacting support). If you simply choose not to renew your Membership and stop using the service, that is effectively a termination of use (though your account might remain in our system as Inactive until formally closed).
If you have an active Membership and you terminate early, note that no refunds will be given for any remaining period except as provided in Section 9.2. So if you really wish to terminate early, you’re essentially forfeiting the rest of that subscription period’s access.
Upon your termination, we will disable your access to member areas. It is recommended that before terminating, you:
Disconnect the AI from your broker (you can simply remove your API/MT credentials or stop the EA).
Withdraw any GPU$ balance that you are eligible to withdraw (assuming above minimum). Once the account is closed, you might not be able to log in to request withdrawal. Enaria may still process a manual withdrawal request post-termination if needed, but it’s smoother to do it beforehand.
If you have $GPU credit left, use it or understand it’s not withdrawable (and likely forfeited).
Perhaps inform your downline if you have referrals that you are leaving (optional, but courteous, since if they relied on you for guidance, they will compress under your upline after 90 days).
Terminating your account will not affect any obligation incurred prior to termination. For example, if an AI Fee was due from last month’s reward, you still owe it. If you had referred members and they are owed commissions from you in some way (not really applicable here since commissions come from the company, not from you), but just saying any existing obligations survive. Also, sections of these Terms that by nature should survive (like arbitration clause, liability limits, etc.) will survive.
Immediate Suspension or Termination: Enaria may suspend your account or access to Services immediately, without prior notice, if we determine that you have violated these Terms or that such action is necessary to comply with legal requirements or to protect Enaria or others from harm. Grounds for immediate suspension/termination include, but are not limited to:
Failure to pass or maintain KYC/AML compliance (e.g., if you provided false info, or you later appear on a sanctions list).
Non-payment or payment disputes (e.g., chargebacks, or overdue AI Fees).
Breach of Section 6 (Referral rules), such as engaging in prohibited marketing or fraud.
Breach of Section 7 or 8 (security rules, misuse, attempting to reverse-engineer or attack our system).
If we receive serious complaints or allegations of misconduct by you from other users or authorities.
If your trading behavior with the AI poses a risk to Enaria (for example, maybe trying some exploit).
Requests by law enforcement or regulators (if your account is linked to investigations, etc.).
If you disparage or harm Enaria’s reputation significantly (we’re not petty about criticism, but deliberate public harm or sharing of confidential info could be an issue).
For less severe issues, we might first suspend (which is a temporary disable) to investigate or wait for you to correct it (like send updated documents, pay what’s due, etc.). Suspension means your AI is stopped and account locked from login or certain features. If not resolved, that can lead to termination.
Termination for Convenience by Enaria: Enaria also reserves the right to terminate any user’s account by giving notice (e.g., an email) even without cause, perhaps with a notice period (like 30 days). This is rarely exercised and would typically be if we decide to discontinue the service in a country or altogether, or if we think it’s in the best interest of either party (maybe a user is unhappy and we decide to just end relationship formally). In such cases, we might offer a pro-rated refund of any remaining membership term since it’s not for cause.
When either party terminates:
Cease of Service: You will no longer have access to the Platform functionalities. The AI will be disconnected from your broker account (we advise you also change your broker password to fully cut off access). Enaria will not open or manage trades for you thereafter. It’s then entirely your responsibility to manage or close any remaining open positions that might have been initiated by the AI but are still running at termination time (we generally try to close them as part of wind-down, but it could depend). If we terminate for cause, we may or may not close out open trades – if feasible and market open, we might close them to protect from further risk, but we don’t guarantee it. It might fall to you once you regain access via broker to handle positions.
Forfeiture of affiliate: If you are terminated (especially for violation or prolonged inactivity), your referral affiliate will compress upwards permanently. You lose rights to any downline; if in future you rejoin (with our permission), you’d start fresh. Any unpaid commissions that had not reached withdrawable threshold may be voided.
Wallet Balances: If you have a GPU$ withdrawable balance, you should request payout ideally before termination as mentioned. If account is terminated for serious cause (like fraud), Enaria may freeze and not pay out even GPU$ that you received, especially if those rewards are suspected to be from violating behavior. In less clear cases, we might allow you to withdraw post-termination via a support request. $GPU (deposit credits) are not refunded, as per normal policy, unless we decide to in certain scenarios (like we terminated you for convenience with unused portion, maybe we refund that portion).
Software License: Any license granted to you to use our software is revoked. You must uninstall any Enaria software and cease any further use of our intellectual property.
Continued Liability: You remain liable for any outstanding payments or fees owed up to termination. If at the time of termination you owe an AI fee or a chargeback happened, etc., we will seek those amounts. Termination does not excuse your debt to us if any.
Data Retention: We may inactivate your account but retain your data for record-keeping as required by law (especially KYC/AML records need to be kept for some years). See Privacy Policy for details on data handling after account closure.
Communication: We might notify your downline (if any) that you are no longer an active affiliate, mainly by the system reassigning them, not necessarily a personal blast. But if they ask, we might confirm you’re not with the company.
If your account was terminated by us and you believe it’s a mistake or unjust, you can contact us to appeal. We may, at our discretion, reverse a suspension/termination if the issue is resolved or misunderstandings clarified. However, we have no obligation to reinstate an account terminated for serious violations.
Even if your account is gone, if we or you become aware of any compliance issue (like you broke a law in the course of using Enaria), those obligations might still be pursued. For example, if a regulator asks us for your trading records after termination, we will comply. If taxes needed to be reported, we will still do that if required.
If you had outstanding referral commissions and somehow an investigation shows they were received by fraud, we might seek repayment even after termination.
In essence, termination closes off future use, but doesn’t undo historical obligations or liabilities.
Finally, any provisions in these Terms which by their nature should survive termination (such as arbitration clause, limitation of liability, indemnification, governing law, etc.) will survive.
These Terms and any dispute that arises between you and Enaria will be governed by the following provisions:
This agreement is governed by and shall be construed in accordance with the laws of the British Virgin Islands (BVI), without regard to its conflict of law principles. This means that if there is a dispute or issue that ends up in court (subject to the arbitration clause below), BVI law will be applied to interpret and enforce these Terms and to adjudicate the dispute. The choice of BVI law is because Enaria Technology LLC is a BVI company, and we seek consistency in how the Terms are interpreted for all users worldwide.
However, note that certain consumer protection laws in your home country might still apply for your benefit if you are a consumer (for example, EU residents have some protections regardless of choice of law in some cases). This governing law clause does not override any mandatory protections that your local laws provide and which cannot be waived by contract.
We encourage you to contact Enaria’s support or legal department to address any concerns or disputes informally before resorting to formal legal action. Many disputes can be resolved through dialogue. If you have a dispute, please email us a brief summary of your issue and requested relief. We shall do the same if we believe you are in breach before taking formal action. Both parties agree to attempt in good faith to negotiate a resolution for at least 30 days from the date notice of a dispute is given. Only after that 30-day period (unless the dispute is time-sensitive and seeking immediate equitable relief, like an injunction, which can bypass negotiation in emergencies) may either party proceed to the next step.
Any dispute, controversy, difference, or claim arising out of or relating to these Terms or your use of the Services, including the existence, validity, interpretation, breach, or termination of these Terms or any dispute regarding non-contractual obligations arising out of or relating to these Terms, shall be referred to and finally resolved by binding arbitration. Both you and Enaria agree to waive the right to a trial in court and instead resolve any arbitrable disputes through confidential arbitration.
The arbitration shall be administered by the BVI International Arbitration Centre (BVI IAC) in accordance with the BVI IAC Arbitration Rules then in effect, which rules are deemed to be incorporated by reference into this clause. Some key points:
The number of arbitrators shall be one unless the parties agree in writing to a panel of three. The arbitrator shall be a neutral party with relevant legal and industry experience.
The seat or legal place of arbitration shall be in the British Virgin Islands (Road Town, Tortola, BVI). The arbitration hearings (if any are held in person) will presumptively take place in the BVI, but if both parties agree, sessions can be virtual or at another location.
The language to be used in the arbitral proceedings shall be English.
The arbitral award shall be final and binding on both parties. Judgment on the award may be entered by any court having jurisdiction thereof.
The arbitrator has the authority to award any relief that a court of competent jurisdiction could award under law or in equity, including injunctions or damages, but may not award relief in excess of or contrary to what these Terms provide (for example, the limitation of liability will apply in arbitration as it would in court). The arbitrator shall also award reasonable attorneys’ fees and costs to the prevailing party, unless equity or law requires otherwise.
Confidentiality: The parties agree to keep the arbitration proceedings and any results confidential, except as required to enforce the award or as required by law.
By agreeing to arbitration, you and Enaria understand that we are giving up any right to a trial by jury or to participate in a class or representative action for the matters covered by arbitration.
Exceptions: Either party may seek interim relief (such as an injunction or restraining order) in a court of law to prevent immediate harm or preserve the status quo while arbitration is pending, particularly in cases of unauthorized use of intellectual property or breaches of confidentiality. Also, for undisputed small monetary claims that fall within the jurisdiction of a small claims tribunal (if applicable), either party may choose to pursue those in small claims court instead of arbitration, as long as the matters remain in that small claims context.
You and Enaria agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis and not in a class, consolidated or representative action. You hereby waive the right to participate in any class action lawsuit or class-wide arbitration against Enaria related to the Services or these Terms.
For example, you will not serve as a class representative or class member or otherwise seek to recover losses on a collective basis in any proceeding. This also means the arbitrator has no authority to combine or aggregate similar claims or conduct any class proceeding, nor to make an award to anyone but the individual party in arbitration.
If this class action waiver is found to be illegal or unenforceable as to certain claims (for instance, a court rules that law X doesn’t allow class waivers for that type of claim), then those claims (and only those claims) will be severed and proceed in court (subject to governing law and jurisdiction), with the rest going to arbitration.
We believe our arbitration agreement is fair and beneficial for both parties, but if you do not wish to agree to this arbitration provision, you have a right to opt out, but you must do so within 30 days of first accepting these Terms. To opt out, you must send a written notice to Enaria at legal@enaria.io with subject “Arbitration Opt-Out” and include your name, account email, and a clear statement that you opt out of the arbitration agreement. If you opt out, then section 11.3 (arbitration) does not apply to you, but all other parts of these Terms remain in effect, including the governing law and venue for any court proceedings (which would likely be the courts of the British Virgin Islands in Tortola).
Opting out of arbitration does not opt you out of the class action waiver in 11.4. Even if you choose court, you still waive class actions as permitted by law.
If you have accepted earlier versions of Terms that allowed arbitration and did not opt-out then, the opt-out period might have passed. But if this is a first introduction of arbitration in our Terms or a materially changed clause, we give you a new opt-out window from the time of notice of these new Terms.
If the arbitration agreement is deemed unenforceable or if you opt out, or for any other disputes that for whatever reason are permitted to proceed in court (including if a claim is carved-out for injunctive relief as noted), then the dispute shall be subject to the exclusive jurisdiction of the courts of the British Virgin Islands (specifically, the BVI Commercial Court, if applicable, or the High Court), and both you and Enaria consent to venue and personal jurisdiction in BVI. You also waive any objections to inconvenient forum (forum non conveniens) with respect to proceedings in BVI.
However, Enaria retains the right to seek enforcement of any legal rights or any court orders (such as an arbitration award) in courts of other jurisdictions as needed (for example, to enforce an award against you and your assets in another country).
In any litigation (if it occurs), the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs from the other party, in addition to any other relief granted.
You agree that any claim or cause of action arising out of these Terms or Services must be filed within one (1) year after such claim arose; otherwise, it is permanently barred. (This time limit may not apply to certain claims like intellectual property or unpaid fees which have separate statutes, but for general user disputes it applies.)
In summary, this section ensures that disputes are handled via arbitration in BVI under BVI law, individually, rather than through courts or class actions, except where a carve-out is applicable or opt-out is exercised properly.
These Terms (along with any documents expressly incorporated by reference, such as our Privacy Policy or any Risk Disclosure statement provided, and your Membership plan details) constitute the entire agreement between you and Enaria regarding the Services. They supersede all prior or contemporaneous communications, agreements, promises, and proposals, whether oral or written, between you and Enaria with respect to the Platform and Services. Any earlier agreements or understandings are no longer effective once you agree to these Terms.
You acknowledge that in entering into these Terms you have not relied on any representation, warranty, or statement that is not explicitly set out in this written agreement. (If someone from Enaria said something verbally that isn’t in here, you cannot hold us to that unless it was later included in writing; of course, fraudulent misrepresentations are excluded from this limitation by law.)
Enaria may modify or update these Terms from time to time. If we make material changes, we will provide reasonable notice to you, such as by posting the new Terms on our website and updating the “Effective Date” or by sending you an email notification. Your continued use of the Platform after the effective date of updated Terms constitutes your acceptance of those revised Terms. If you do not agree to the revised Terms, you must stop using the Services and may terminate your account as per Section 10.1. We recommend you review the Terms periodically to ensure you understand the latest provisions.
For changes specifically to the arbitration clause or class action waiver, we will explicitly give an opportunity to opt out if required by law or if it’s a new introduction.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by an arbitral tribunal or court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible to reflect the parties’ intent, and the remaining provisions of these Terms shall remain in full force and effect. In other words, not all of the Terms falls if one part fails. For example, if the class action waiver is found unenforceable for a certain type of claim, that part goes away for that claim, but the rest of Terms (including arbitration clause for other claims) stays enforceable.
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Enaria. Any attempt to do so without consent will be null and void. Enaria may freely assign or transfer these Terms (in whole or in part) as part of a reorganization, merger, sale of business, or to any affiliate or successor-in-interest without your consent. These Terms will be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
Enaria shall not be liable for any delays or failure in performance of any part of the Service, from any cause beyond Enaria’s control, including, without limitation: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials, failure of public utilities or telecommunications networks, or hacking, cyber-attacks, and other malicious third-party actions. If such an event occurs, we will use reasonable efforts to mitigate its impact and resume our obligations as soon as feasible, but we shall have an extension of time to perform or may suspend performance during the force majeure event.
No failure or delay by Enaria in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof. If we do not enforce a provision in some instance, it does not mean we waive our right to enforce it in the future. To be effective, any waiver by Enaria of any provision or right must be made in writing and signed by an authorized representative of Enaria.
Enaria may provide notices to you under these Terms by: (a) posting a notice on the Platform (e.g., on your account dashboard or a prominent site banner), (b) sending an email to the email address associated with your account, or (c) through any other contact method you have provided. It is your responsibility to keep your contact information (especially email) up to date. Notices will be deemed given: in the case of posting, on the day of posting; in the case of email, on the day after sending.
You may give notice to Enaria by emailing our support or legal department at the contact email provided on our website, or by physical mail to our registered office address in the BVI (which can be provided upon request). Please also send an email informing us of any physical notice so we can be aware promptly.
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Enaria. You are an independent user (and if participating in referrals, an independent contractor for that limited purpose, not an agent). You have no authority to bind Enaria to any contract or incur obligations on Enaria’s behalf.
These Terms are drafted in the English language. If these Terms are translated into another language, the English version will prevail to the extent of any inconsistency. All communications and proceedings shall be in English, unless otherwise agreed.
If you have any questions, concerns, or feedback about these Terms or the Services, you can contact Enaria at: support@enaria.io. We will respond to inquiries as soon as reasonably possible.
By accepting these Terms (clicking “I agree” or using the Services), you confirm that you have read and understood this entire document and agree to all of its provisions. Thank you for trusting Enaria with your algorithmic trading and education needs. We wish you a successful and informed trading journey with our platform.