Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the OGuard platform: the website at oguard.io, the trading terminal, and every related service we provide (together, “OGuard” or the “Service”).

These Terms are an agreement between you and OGuard Financial Services Corporation (“OGuard”, “we”, “us”), the operator of the OGuard platform. “You” means the person who holds or applies for an OGuard account. OGuard is your counterparty for everything described in these Terms.

By applying for an account, signing in, or using any part of the Service, you agree to these Terms and to our Privacy Policy, which is incorporated into them by reference. If you do not agree, do not apply for an account and do not use the Service.

1.1 We are not licensed or regulated

1.2 Versions of these Terms

These Terms carry a version number and an effective date, shown at the top of this page. When you register we record which version you accepted against your account, so both of us can establish later exactly what was agreed. Clause 18 explains how we change them.

2.1 Who may hold an account

To apply for an OGuard account you must:

• be at least 18 years old;
• have the legal capacity to enter into a binding contract;
• be applying for yourself, in your own name, and not on behalf of anyone else; and
• not be a person we are prohibited from dealing with, including under applicable sanctions.

One person may hold one account. Accounts are personal and non-transferable. You may not open a second account, allow anyone else to use yours, or hold an account for someone else’s benefit.

2.2 Your local law is your responsibility

3.1 Applying is not opening

OGuard is not an open-registration platform. Submitting the registration form creates an application, not an account. We approve or decline applications at our discretion. We are not obliged to accept any application, and we are not obliged to give reasons for declining one.

When you register we ask for your full name, email address, phone number, date of birth and, optionally, a referral code. We send a six-digit code to the email address you give us and you must enter it to prove you control that inbox before any account record is created. You may instead sign up with Google, in which case we receive your name and email address from Google and still ask you for your phone number and date of birth.

You confirm that the information you give us is true, complete and current, and you agree to tell us promptly if it changes. Giving us false information is grounds for declining your application or closing your account.

If your application is approved, we email you a temporary password which you must change the first time you sign in. Accounts created through Google sign-in have no password until you set one.

3.2 We do not verify your identity

3.3 Keeping your account secure

You are responsible for your password and for everything done through your account. Choose a password you do not use anywhere else, and turn on two-factor authentication in your security settings. You must tell us immediately at support@oguard.io if you think someone else has access.

We will never ask you for your password, for a two-factor or email verification code, or for remote access to your device, and we will never ask you to send funds to a personal wallet address. Anyone who does is not acting for us, whatever they tell you.

You can see your active sessions and sign individual devices out from your security settings. We can also revoke every session on an account — for example if you tell us it has been compromised.

• Leverage multiplies losses as well as gains. A small move against you can cost a large share of your margin. On some instruments leverage of up to 100x is available, at which point a price move of well under one percent can wipe out the margin backing that position.
• Your positions can be closed without warning.If your margin falls below the level required, positions are liquidated automatically to prevent further loss. Liquidation is performed by our execution venue’s risk engine, not by us, and it does not wait for you to react, top up, or be online.
• You may lose more than you expected to. In fast or illiquid markets, orders — including stop-loss orders — may be filled at prices materially worse than the level you set. A stop-loss is not a guarantee of a price.
• Perpetual futures carry ongoing funding costs. Holding a position across funding intervals means periodic funding payments, which can erode a position that is otherwise flat.
• Crypto-asset prices are highly volatile and can move sharply at any hour, including while you are asleep or offline, and while the platform is unavailable.
• These products are not investments or savings. They are speculative instruments. Nothing on the platform is a prediction, and no return is promised.

Subject to these Terms, OGuard gives you access to:

• USDT perpetual futures on crypto assets, tradable with leverage. Perpetual futures accounts operate in hedge mode: you may hold a long and a short position in the same instrument at the same time, and each side is margined and closed separately.
• Tokenized stocks — instruments that track the price of an underlying listed share. Clause 11 sets out what these are and, importantly, what they are not.
• Earn — fixed-term, fixed-rate locked positions in USDT. Earn is not trading: it is not leveraged, it opens no market position, and it cannot be liquidated. Clause 10 governs it, and you should read it in full before locking any funds.
• Market data, charts and analytics, provided for information only.

Crypto spot trading is not offered. Peer-to-peer trading is not available. Where the site refers to either, treat it as a description of something that is not yet live.

The instruments we list, the leverage available on each of them, and the features of the Service may change at any time. We may add or remove instruments, change leverage limits, or restrict a market without notice where we consider it necessary — including to manage risk, or where market conditions or our obligations require it.

6.1 How your orders are executed

OGuard is not itself a market or an exchange, and we do not match your orders internally against other OGuard customers. When you place, amend or cancel an order, we route that instruction to a third-party liquidity provider, and your order is executed against that venue’s order book. Your position, margin, profit and loss, and liquidation price are all determined by that venue.

We do not take the other side of your trades. We do not profit when you lose, and we have no interest in the direction of your positions.

Because execution happens at a third-party venue, the outcome of every order depends on that venue’s liquidity, latency, risk engine and rules. Values we show you — position size, unrealised profit and loss, margin, and liquidation price — are reported by that venue and displayed to you as received; we do not recalculate them.

6.2 Orders are not guaranteed

Placing an order is an instruction, not a contract. An order may be rejected, delayed, partially filled, or filled at a price different from the one displayed when you submitted it. We do not guarantee that any order will be executed, executed at a particular price, or executed within a particular time.

No order is confirmed to you until the execution venue has confirmed it to us. The order and position records shown in the terminal are the record of what actually happened.

6.3 Manifest error

If a trade is executed on the basis of a price that was obviously wrong — for example a feed error or a mistaken quote that a reasonable person would recognise as an error — we may cancel or adjust that trade and any resulting position or balance, acting reasonably and telling you why.

7.1 Trading fees

Trading fees are charged on each execution and are shown against every trade in your history, in the currency in which they were charged. Fee rates are set by the execution venue and may change without notice from us.

7.2 The spread we apply to displayed prices

The bid and ask prices shown in the terminal are not the raw prices we receive. We widen them by a margin of 0.2 basis points (0.002%) either side of the mid price. The last-traded price is shown without this adjustment.

7.3 Displayed funding rates

Unlike displayed prices, the funding rate shown in the terminal carries no adjustment from us. We show the rate as we receive it from our execution venue. Funding is a market mechanism paid between traders rather than a fee charged by us, and we take no share of it.

The rate is live and moves until the funding interval settles, so the amount finally debited from or credited to your position may differ from the rate displayed at the moment you looked. The settled figure recorded in your transaction history is the one that affects your balance.

7.4 Other costs

Network (gas) costs apply to on-chain deposits and withdrawals and are set by the TRON network, not by us. We may introduce or change our own fees; if we do, we will publish them before they take effect.

8.1 Deposits

Deposits are made in USDT on the TRON network (TRC-20), to a deposit address we generate for your account. Send only USDT on TRON to that address. Assets sent on the wrong network, or in the wrong token, are usually unrecoverable, and we do not undertake to recover them.

We credit a deposit after the transfer is confirmed on the network. In normal operation a deposit is reviewed and credited by an administrator rather than automatically.

8.2 Withdrawals are manually approved

To request a withdrawal you must pass a second-factor check: we send a code to your registered email address, or ask for your authenticator code if you have set one up. This step cannot be skipped, so a stolen session alone is not enough to move your money.

You may withdraw up to your available balance, less any withdrawal requests you already have outstanding. We may refuse, delay, or partially fulfil a withdrawal where we reasonably suspect fraud or error, where you owe us money, where the destination address is invalid, or where we are required to.

Withdrawals are paid to the TRON address you give us. On-chain transfers are irreversible. We cannot recover funds sent to an address you entered incorrectly. Check it carefully.

Stated plainly, so there is no room for misunderstanding:

• The balance shown in your account is an obligation of OGuard to you. It is a claim against us. It is not a record of specific coins held in your name.
• Your funds are not segregated client money and are not held in a regulated client-money or custody account. They are pooled with, and may be used alongside, our own funds.
• No deposit-insurance, investor-compensation or similar protection scheme applies to your account. No government body, insurer or guarantee fund stands behind your balance.
• If we become insolvent, you would rank as an ordinary unsecured creditor. You could recover part of your balance, or none of it. You should not deposit or lock any amount you could not absorb losing in full.

9.1 The controls that do exist

None of the following changes the position above, but they are real and we describe them so you can judge for yourself:

• Every withdrawal is reviewed and approved by an administrator before funds move.
• Withdrawals require a second factor (an emailed code, or your authenticator code) that cannot be skipped.
• Outgoing payments are signed by the server through a process designed so that an approved withdrawal is paid exactly once, and cannot be double-paid by a retry, a crash, or two servers acting at the same time.
• Payouts can only be sent to addresses on a treasury allowlist we maintain.
• You can enable two-factor authentication on sign-in, review your active sessions, and sign individual devices out.

10.1 What Earn is

Earn lets you lock a USDT principal for a fixed term at a fixed annual rate. When you lock, we fix the rate for that position and calculate the entire payment schedule immediately: each interest payment and the return of your principal at maturity. Later changes to advertised rates do not affect a position you have already opened.

Interest is simple interest at the stated annual rate. It is not compounded, and the rate is a rate — not a projection, a target, or a historical figure.

10.2 Who owes you the money

OGuard is the obligor for every Earn position. Your principal and interest are owed to you by us. Earn returns are funded from our own treasury.

Your locked funds are not invested in a fund, not lent to identified borrowers, and not backed by any specific asset or collateral pool held for you. There is no separate pool that pays you if we cannot. Everything in clause 9 applies to Earn balances in full: an Earn position is an unsecured claim against us, covered by no protection scheme. If we cannot pay, you may not be paid.

10.3 Claiming interest

Interest payments become claimable on each scheduled date and are credited to your Funding balance when you claim them. A claimable interest payment does not expire. There is no deadline by which you must claim it and we do not forfeit it if you leave it unclaimed.

Your principal is returned to your Funding balance at maturity. It does not expire either.

10.4 Earn is not a deposit

Earn is not a bank deposit, a savings account, a security, or a collective investment. It is a contractual promise by us to pay a fixed sum on fixed dates. Read clause 9 again before you lock funds.

Where we list them, tokenized stocks are instruments whose price tracks an underlying listed share.

• no ownershipof the underlying share, and no entry on any company’s share register;
• no dividends or other distributions the company pays its shareholders;
• no voting rights and no right to attend or participate in any meeting;
• no shareholder rights of any kind, including information rights, pre-emption rights, or any claim in the company’s insolvency; and
• no right to delivery of the underlying share, or to convert your position into one.

Tokenized stocks may trade at prices that differ from the underlying share, may be tradable when the underlying market is closed, and may be suspended or delisted at short notice — including as a result of a corporate action in the underlying, which may be reflected in your position, imperfectly or not at all.

12.1 The Service will not always be available

We do not guarantee that the Service will be available, uninterrupted, or error-free. Access may be interrupted by maintenance, by a failure at the execution venue or another provider we depend on, or by events outside our control.

Your positions remain open and continue to gain and lose value while you cannot reach the platform, and can be liquidated during that time. You should size positions on the assumption that you may be unable to reach us at the moment you most want to.

12.2 Maintenance

We may place the platform, or an individual feature, into maintenance. While maintenance is in effect, actions such as placing orders, depositing, withdrawing or locking funds may be blocked.

12.3 Suspension

We may suspend your account, or restrict what you can do with it, where we reasonably believe it is necessary — including where we suspect fraud, unauthorised access, or a breach of these Terms, where you have given us false information, or where we are required to. A suspended account cannot sign in.

Suspension does not close your open positions, and those positions can still be liquidated while you cannot reach them. Where it is practical and lawful to do so, we will tell you that we have suspended your account and what you need to do.

12.4 Closing your account

You may close your account at any time by writing to support@oguard.io. Before we can close it you must close your open positions and withdraw your balance. Earn positions cannot be unlocked early, so an account with a live Earn position cannot be fully closed until that position matures.

We may close your account by giving you reasonable notice. We may close it immediately where you have seriously breached these Terms, where we are required to, or where continuing to provide the Service to you would expose us to legal or regulatory risk. On closure we will return your remaining balance, less anything you owe us, to an address you nominate — subject to the same checks as any other withdrawal.

Nothing OGuard provides is investment, financial, legal or tax advice, and nothing on the platform is a recommendation to enter into any transaction. This includes prices, charts, market data, research, news, rate tables, calculators, projections, and anything said to you by a member of our team.

We do not assess whether a product is suitable or appropriate for you. We do not know your circumstances, objectives, experience or risk tolerance, and we do not take them into account. Every decision to trade, to lock funds, or to hold a position is yours alone, made on your own judgement.

We act as your counterparty and service provider, not as your adviser, agent, trustee or fiduciary. No member of our team has authority to trade for you, to promise a return, or to vary these Terms.

Any calculator, projection or illustration is arithmetic applied to figures you enter. It is not a forecast and does not promise a result.

You must not:

• use the Service for money laundering, terrorist financing, sanctions evasion, fraud, or the proceeds of crime;
• use the Service where doing so is unlawful for you (see clause 2.2), or take steps to disguise your location in order to access it;
• open or use an account in someone else’s name, sell or transfer your account, or let anyone else use it;
• trade on the basis of information you are not lawfully entitled to use, or attempt to manipulate a market or a price;
• attempt to exploit a bug, pricing error, latency, or any other defect for gain, or continue trading on one after you notice it — you must tell us instead;
• scrape, spider, or systematically extract data from the Service; resell or redistribute our market data or charts; or use the Service to build a competing product;
• access the Service by automated means we have not authorised, or place orders at a rate intended to burden our systems or the execution venue;
• attempt to gain unauthorised access to any part of the Service, another user’s account, or our infrastructure, or probe, scan or test it for vulnerabilities without our written permission; or
• abuse, threaten or harass our staff.

If you breach this clause we may suspend or close your account immediately, reverse trades or balances resulting from the breach, and report the matter to the authorities.

15.1 Our content

The Service, and everything in it — software, design, text, and the OGuard name and marks — belongs to us or our licensors. You get a personal, non-exclusive, non-transferable, revocable licence to use the Service for your own trading. You get no other rights.

15.2 Viewing without an account

You may view the site, including market data and charts, without creating an account. This content is provided for your personal, non-commercial viewing only. You must not reproduce, redistribute, resell, or otherwise use the content — including the charts — for any commercial purpose without a separate written licence from us.

Charts are provided by TradingView and remain subject to TradingView’s own terms. You may view the charts without an account, but you may not copy, redistribute, or otherwise use the chart content for any commercial purpose without a separate licence from TradingView.

15.3 Third-party content

Market data, news and other third-party content are provided as received. We do not verify them, we do not guarantee they are accurate, complete, or timely, and we are not responsible for them.

Subject only to that, and to the fullest extent permitted by applicable law, we exclude all liability to you — in contract, in tort (including negligence), for breach of statutory duty, or otherwise — arising out of or in connection with these Terms or your use of the Service.

You bear the full risk of your trading losses. They are yours, in full, whatever caused them. Trading leveraged products can lose you your entire balance. We do not compensate you for a losing position, and we give you no advice.

Without limiting the generality of the exclusion above, we are not liable to you for:

• trading losses, including losses from a position being liquidated, from an order being filled at a price worse than you expected, or from any decision you made using the Service;
• loss of profit, loss of an expected gain, loss of opportunity, or any indirect or consequential loss;
• losses caused by an interruption, delay or failure of the Service, of the execution venue, of a network including the TRON network, or of any other third party we depend on;
• losses caused by inaccurate, delayed or unavailable market data;
• losses caused by your own act or omission — including sending assets to a wrong or unsupported address, losing your password or second-factor device, or letting someone else access your account; or
• events outside our reasonable control.

This clause does not affect your right to be paid the balance we owe you. It excludes claims for loss; it is not a licence for us not to pay what your account records show is yours. What that claim is worth if we become insolvent is governed by clause 9.

You are responsible for losses we suffer because you breached these Terms or used the Service unlawfully.

If something has gone wrong, tell us first. Write to support@oguard.io or raise it through the support inbox in the app, with your account email, what happened, when, and what you would like us to do.

Our support inbox is staffed 24 hours a day, seven days a week. We will acknowledge a complaint and investigate it, and we will tell you the outcome and our reasons.

Because we are not a licensed firm, no financial ombudsman or statutory complaints scheme is available to you. If we cannot resolve a complaint between us, your remaining route is the courts. Clause 19 sets out that this agreement names none, and what that means for you.

We may change these Terms. When we do, we publish the new version on this page with a new version number and effective date, and the changed version applies to your use of the Service from that date.

Where a change is material and disadvantages you, we will make reasonable efforts to tell you — by email to your registered address, or in the app — before it takes effect. If you do not accept a change, your remedy is to stop using the Service and close your account under clause 12.4. An Earn position you have already opened keeps the rate and the term it was opened on, and cannot be unlocked early because these Terms changed.

We record which version of these Terms you accepted when you registered. You can ask us at any time which version that was.

These Terms, and any dispute arising out of or in connection with them or with your use of the Service (including non-contractual disputes), are governed by the laws applicable where OGuard is operated from.

These Terms do not name a country or a court. You should read that as a real limitation on your ability to enforce this agreement, not as a formality.

In the first instance, any dispute is to be raised and handled through our complaints procedure in clause 17. Nothing in this clause prevents you from exercising a right to bring proceedings, or to rely on mandatory legal protections, that the law of the country you live in gives you and that cannot be excluded by agreement.

If any provision of these Terms is found to be unenforceable, the rest continue in force. If we do not enforce a right immediately, we do not give it up. You may not transfer your rights under these Terms; we may transfer ours to a company that takes over our business, provided your rights are not reduced.

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service, and replace anything said or written before.

Questions about these Terms: support@oguard.io.