MidnightQuant Logo

Terms and Conditions

1. Introduction

Welcome to MidnightQuant Finance LLC ("MidnightQuant", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of the MidnightQuant platform, including our website, mobile applications, and all related services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

These Terms constitute a legally binding agreement between you and MidnightQuant. We recommend that you read these Terms carefully and print a copy for your future reference.

2. Eligibility

To use the Platform, you must be at least 18 years of age and have the legal capacity to enter into a binding agreement. By using the Platform, you represent and warrant that you meet these requirements.

The Platform is not available to residents of certain jurisdictions where its use would be contrary to local laws and regulations. It is your responsibility to ensure that your use of the Platform complies with the laws applicable to you.

MidnightQuant reserves the right to refuse service, terminate accounts, or restrict access to the Platform at our sole discretion, particularly if we have reason to believe that a user does not meet our eligibility requirements or is using the Platform in violation of applicable laws or regulations.

The Platform is not intended for use by any person or entity in any jurisdiction where such use would be contrary to local law or regulation. The availability of the Platform does not constitute an offer or solicitation to use the Platform in any jurisdiction where it is illegal to do so.

3. Account Registration

To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

During the registration process, we may require you to provide certain personal information, including but not limited to your name, email address, phone number, and in some cases, identification documents for Know Your Customer (KYC) and Anti-Money Laundering (AML) compliance purposes.

You may only create one account per person. Creating multiple accounts may result in the termination of all your accounts and the forfeiture of any funds or investments associated with those accounts.

We reserve the right to verify your identity at any time, including by requesting additional information or documentation. Failure to provide such information or documentation may result in the suspension or termination of your account.

4. Services

MidnightQuant provides algorithmic trading and investment solutions through the Platform. Our services include access to trading algorithms, investment vaults, and related financial tools and information.

We reserve the right to modify, suspend, or discontinue any part of the Platform at any time without prior notice.

4.1 Algorithmic Trading Services

Our algorithmic trading services utilize proprietary algorithms to execute trades on your behalf. These algorithms are designed to identify and capitalize on market opportunities based on various factors, including but not limited to market trends, volatility, and liquidity.

The performance of our algorithms is subject to various factors, including market conditions, regulatory changes, and technological limitations. We do not guarantee any specific results or returns from the use of our algorithmic trading services.

4.2 Investment Vaults

Our investment vaults are managed investment portfolios that allow you to invest in a diversified range of assets. Each vault has its own investment strategy, risk profile, and minimum investment requirements.

Investment vaults may have lock-up periods during which you cannot withdraw your funds. The specific lock-up period for each vault is disclosed at the time of investment. Early withdrawal, if permitted, may be subject to penalties or fees.

4.3 Service Limitations

Our services are provided on an "as is" and "as available" basis. We do not guarantee that the Platform will be uninterrupted, error-free, or completely secure. We reserve the right to suspend or limit access to the Platform during periods of high market volatility, system maintenance, or for any other reason at our sole discretion.

5. Fees and Payments

The fee structure for our services is as follows:

  • Algorithmic Trading: A performance fee of 25% is charged on profits generated by our algorithms. This fee is calculated and deducted from the profits before distribution to your account.
  • Investment Vaults: A performance fee of 8% is charged for investments in our vaults. This fee is calculated and deducted from the profits before distribution to your account.

All fees are subject to change with notice. Any changes to the fee structure will be communicated to you through the Platform or via email.

5.1 Fee Calculation

Performance fees for algorithmic trading are calculated based on the "high-water mark" principle. This means that performance fees are only charged on profits that exceed the previous highest value of your investment. If the value of your investment decreases, no performance fee will be charged until the value exceeds the previous high-water mark.

5.2 Payment Methods

We accept various payment methods, including bank transfers, credit/debit cards, and certain cryptocurrencies. The availability of payment methods may vary depending on your location and the specific service you are using.

5.3 Taxes

You are solely responsible for determining what, if any, taxes apply to your transactions on the Platform. It is your responsibility to report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any transactions.

6. Referral Program

MidnightQuant offers a referral program that allows users to earn bonuses by referring new users to the Platform. The following terms apply to the referral program:

  • Bonus Eligibility: To receive a referral bonus, both the referrer and the referred user must have active accounts on the Platform.
  • Referrer Earnings: Users who refer others to the Platform (referrers) can withdraw their referral earnings at any time without restrictions. These earnings are treated as regular earnings in the referrer's account.
  • Referred User Bonus Withdrawal Requirements: Any bonuses received by new users who join through a referral link (referred users) must be invested in either investment vaults or algorithmic trading plans for a minimum period of 12 months before they become eligible for withdrawal. Early withdrawal of these referral bonuses is not permitted.
  • Investment Requirement for Referred Users: Referral bonuses received by referred users can only be used for investments within the Platform and cannot be directly withdrawn without meeting the minimum investment period requirement.
  • Bonus Forfeiture: If a referred user attempts to withdraw their referral bonuses before the 12-month investment period is complete, or if the user's account is terminated for any reason, any unused referral bonuses may be forfeited.

MidnightQuant reserves the right to modify or terminate the referral program at any time. Any changes to the referral program will be communicated through the Platform.

6.1 Referral Program Restrictions

The following restrictions apply to the referral program:

  • Creating multiple accounts to generate referral bonuses is prohibited
  • Using automated systems, bots, or other technological means to generate referrals is prohibited
  • Spamming or sending unsolicited communications to promote your referral link is prohibited
  • Making false or misleading statements about MidnightQuant or the referral program is prohibited
  • Self-referrals or creating accounts for the sole purpose of earning referral bonuses is prohibited
  • Engaging in any activity that violates these Terms or applicable laws and regulations is prohibited

Violation of these restrictions may result in the forfeiture of referral bonuses, the termination of your account, and/or legal action. MidnightQuant reserves the right to review and investigate all referral activities and to suspend or deny the payment of referral bonuses if fraudulent activity is suspected.

7. Risk Disclosure

Investing in financial markets involves risk. The value of your investments can go down as well as up, and you may not get back the amount invested. Past performance is not indicative of future results.

You should carefully consider your investment objectives, level of experience, and risk appetite before using our services. If you have any doubts, you should seek advice from an independent financial advisor.

7.1 Market Risks

Financial markets are subject to various risks, including but not limited to:

  • Market Risk: The risk that the value of investments will decrease due to market factors.
  • Liquidity Risk: The risk that an investment cannot be bought or sold quickly enough to prevent or minimize a loss.
  • Volatility Risk: The risk of rapid and significant price movements, which can result in substantial losses.
  • Systemic Risk: The risk of collapse of an entire financial system or entire market.
  • Regulatory Risk: The risk that changes in laws and regulations will materially impact an investment.

7.2 Cryptocurrency Risks

Investing in cryptocurrencies involves additional risks, including but not limited to:

  • Extreme Volatility: Cryptocurrencies can experience extreme price volatility in short periods.
  • Technological Risks: Risks associated with the underlying blockchain technology, including hacking, forks, and technical failures.
  • Regulatory Uncertainty: The regulatory framework for cryptocurrencies is evolving and subject to change, which could adversely affect the value of your investments.
  • Market Manipulation: Cryptocurrency markets may be subject to manipulation due to their relatively small size and limited regulation.

7.3 Algorithmic Trading Risks

Algorithmic trading involves specific risks, including but not limited to:

  • Technical Failures: Algorithms may malfunction due to technical issues, resulting in unexpected trading behavior.
  • Model Risk: Algorithms are based on mathematical models that may not accurately predict market behavior in all conditions.
  • Execution Risk: Delays or failures in order execution can result in trades being executed at unfavorable prices.
  • Connectivity Issues: Network or connectivity problems can disrupt algorithmic trading operations.

8. User Conduct

You agree to use the Platform in compliance with these Terms and all applicable laws and regulations. You further agree not to:

  • Use the Platform for any illegal purpose or in violation of any local, state, national, or international law
  • Violate or encourage others to violate the rights of third parties, including intellectual property rights
  • Attempt to gain unauthorized access to the Platform or other users' accounts
  • Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature
  • Use the Platform to engage in market manipulation, fraud, or any other deceptive practice
  • Interfere with the proper functioning of the Platform
  • Collect or harvest any personally identifiable information from the Platform
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Use the Platform in any manner that could disable, overburden, damage, or impair the Platform

Violation of these conduct rules may result in the termination of your account and/or legal action.

9. Intellectual Property

All content, features, and functionality of the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and algorithms, are the exclusive property of MidnightQuant or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform without our prior written consent.

9.1 Trademarks

The MidnightQuant name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MidnightQuant or its affiliates or licensors. You may not use such marks without the prior written permission of MidnightQuant.

9.2 User Content

By submitting, posting, or displaying content on or through the Platform, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with providing the Platform.

You represent and warrant that you have all rights, power, and authority necessary to grant the rights granted herein to any content that you submit.

10. Data Security

We implement appropriate technical and organizational measures to protect your personal information against unauthorized or unlawful processing, accidental loss, destruction, or damage.

However, no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

10.1 Security Measures

Our security measures include, but are not limited to:

  • Encryption of sensitive data
  • Regular security assessments and penetration testing
  • Multi-factor authentication for account access
  • Monitoring for suspicious activities
  • Regular backups of data

10.2 User Responsibilities

You are responsible for maintaining the security of your account credentials and for any activities that occur under your account. You should:

  • Use a strong, unique password for your MidnightQuant account
  • Enable two-factor authentication if available
  • Not share your account credentials with others
  • Log out of your account when using shared devices
  • Notify us immediately of any unauthorized use of your account or any other breach of security

11. Privacy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you.

By using the Platform, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

12. Termination

We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Platform will immediately cease. If you wish to terminate your account, you may simply discontinue using the Platform or contact us to request account deletion.

12.1 Effects of Termination

Upon termination of your account:

  • Any ongoing investments or trades may be liquidated at the current market value
  • Any funds in your account will be returned to you, subject to applicable fees and legal requirements
  • Any referral bonuses that have not met the minimum investment period requirement may be forfeited
  • Your access to the Platform and all its features will be revoked
  • We may retain certain information as required by law or as necessary for our legitimate business purposes

13. Limitation of Liability

To the maximum extent permitted by law, MidnightQuant and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Platform.

Our total liability to you for all claims arising from or related to these Terms or your use of the Platform shall not exceed the amount you have paid to us in the six (6) months preceding the event giving rise to the liability.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless MidnightQuant and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform or your violation of these Terms.

15. Dispute Resolution

Any dispute arising from or relating to these Terms or your use of the Platform shall be resolved through the following process:

15.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@midnightquant.com. We will try to resolve the dispute by contacting you via email. If the dispute is not resolved within 30 days of submission, either party may proceed with formal dispute resolution.

15.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the rules of the arbitration association in the jurisdiction where MidnightQuant is registered.

The number of arbitrators shall be one. The seat of the arbitration shall be in the jurisdiction where MidnightQuant is registered. The arbitral proceedings shall be conducted in English.

15.3 Class Action Waiver

You agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which MidnightQuant is registered, without regard to its conflict of law provisions.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

18. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction.

20. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and MidnightQuant concerning your use of the Platform.

21. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice of such changes, such as by sending an email, providing a notice through the Platform, or updating the date at the top of these Terms. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.

We encourage you to review these Terms periodically to stay informed of our latest practices. Material changes to these Terms will be effective upon the earlier of (i) your first use of the Platform with actual notice of such changes, or (ii) 30 days after we first post such changes.

22. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@midnightquant.com
Address: MidnightQuant Finance LLC, 254 CHAPMAN RD, STE 209, NEWARK, MN 19702

Return to Home