Terms of Service

These Terms of Service ("Terms") govern your access to and use of openmarket.xyz ("OpenMarket", "we", "our", "us"), a market-analysis and charting platform with order entry (the "Platform") operated by Thalamus Technologies, Inc., a Delaware corporation.

By accessing or using the Platform, you agree to these Terms, our Privacy Policy and our Risk Disclosure, which are incorporated by reference. If you do not agree to these Terms, you must immediately stop using the Platform.

1. Eligibility

You may use the Platform only if:

• You are at least 18 years old.
• You have the legal capacity to enter into a binding agreement.
• You are not a Restricted Person (defined in Section 2) if you use Wallet Execution (defined in Section 3).
• You hold an account in good standing at a supported brokerage, opened under that brokerage's own terms, if you use Brokerage Execution (defined in Section 3).
• You are not using the Platform for illegal or prohibited activities.

Your use of the Platform constitutes a representation and warranty that you meet these requirements.

2. Restricted Persons

Wallet Execution (placing, modifying and cancelling orders on a supported venue with a wallet you control) is not available to Restricted Persons. Charts, analytics and market data remain available to everyone.

This Section does not apply to Brokerage Execution. Whether you may hold a brokerage account, and in which jurisdictions, is decided by the brokerage under its own account agreement and applicable law (Section 5).

2.1 Definition

You are a Restricted Person if you:

• reside in, are located in, or are incorporated in the United States of America;
• reside in, are located in, or are incorporated in Malaysia;
• reside in, are located in, or are incorporated in a jurisdiction subject to comprehensive economic sanctions, including Cuba, Iran, North Korea and Syria; or
• are a citizen of a sanctioned jurisdiction listed above, regardless of where you are located.

This list follows the restrictions published by the execution venue and applicable sanctions programs. We may add or remove jurisdictions at any time; the current list is the one published on this page. The execution venue publishes its own list, which additionally excludes Ontario, Canada and the Crimea, Donetsk and Luhansk regions of Ukraine; you are responsible for complying with the venue's terms wherever you are.

2.2 Enforcement

Wallet Execution is enabled or disabled from the country of the network connection you access the Platform from. When the country cannot be determined, Wallet Execution is disabled. This check is applied in the Platform interface; it does not and cannot restrict what you do directly with a venue.

2.3 Anti-Circumvention

You agree not to use virtual private networks (VPNs), proxy services, device spoofing, or other methods to conceal your location or circumvent these restrictions. We reserve the right to immediately suspend any account suspected of doing so. Using Wallet Execution is your representation that you are not a Restricted Person.

3. Platform Overview

OpenMarket provides a non-custodial interface for market intelligence and execution, featuring:

• Advanced market analytics, charting, alerts and prediction market data.
• Wallet Execution: order entry for perpetual contracts on Hyperliquid, a decentralized exchange operating on its own blockchain, from the chart, the order ticket and the depth ladder, with a wallet you control (Section 4).
• Brokerage Execution: order entry for US-listed stocks and exchange-traded funds in a brokerage account you hold at a supported brokerage, from the chart, the order ticket and the price axis, after you connect that account to the Platform (Section 5).

We are a software provider. We do not operate an exchange, act as a broker or dealer, or take custody of user funds or securities. Every order is entered by you and sent by your device directly to the venue or the brokerage: under Wallet Execution it is signed on your device by the trading key you authorized with your wallet; under Brokerage Execution it is submitted to the brokerage under the authorization you granted on the brokerage's own website. Orders, fills and positions are recorded by the venue or the brokerage, not by us. Settlement occurs on third-party blockchain networks or through the brokerage's clearing arrangements.

4. Wallets, Keys and Custody

4.1 Your Wallet

• Bring your own wallet: You connect a wallet you already control (for example a browser extension wallet). OpenMarket does not create the wallet that holds your funds, does not hold its seed phrase or private key, and cannot move your funds.
• Trading key: To place orders without a wallet prompt on each click, you authorize a trading key (a Hyperliquid "agent wallet") with a signature from your wallet. The trading key is generated and stored in your browser. It can place, modify and cancel orders and move margin within your account. It cannot send your funds to any address other than your own: withdrawals and transfers to another wallet require a separate signature from your main wallet. It expires no later than 180 days after authorization — the longest a named agent key may live at the venue — and you can revoke it at any time from the Platform or from the venue.
• Device security: Because the trading key lives in your browser, anyone with access to your unlocked device and browser profile during its validity can place orders on your account. You are responsible for securing your device, browser and wallet.

4.2 Recovery & Liability

OpenMarket cannot recover lost funds, reverse orders, or restore access to a wallet. All orders sent to a venue and all on-chain transactions are final and irreversible.

5. Brokerage Account Connections

5.1 Your Brokerage Account

Brokerage Execution uses a securities brokerage account that you open and hold at a supported brokerage under that brokerage's customer agreement. The supported brokerage is Alpaca Securities LLC, a registered broker-dealer and member of FINRA and SIPC. The brokerage decides whether to open and maintain your account, holds your cash and securities, executes, clears and settles your orders, and sends you trade confirmations and account statements. OpenMarket has no role in opening your brokerage account, does not hold any of its assets, and is not affiliated with the brokerage.

5.2 Authorization

• You sign in at the brokerage, not with us. To connect an account you are taken to the brokerage's own website, sign in there, and authorize OpenMarket for the account you select. Your brokerage password and API keys are never entered into, transmitted to, or stored by the Platform.
• Access token: The brokerage issues an access token that permits the Platform to read the account and to submit orders you enter. The token is kept in your browser. It is exchanged once through our server, which adds the Platform's own application credential and stores nothing; the token itself is not stored by us.
• Revocation: You can disconnect the account in the Platform at any time, which forgets the token on your browser, and you can revoke the authorization itself from the brokerage's connected applications page, which ends the Platform's access regardless of what is stored anywhere.
• Device security: While the account is connected, anyone with access to your unlocked device and browser profile can enter orders on it. You are responsible for securing your device and browser and for revoking the authorization if either is lost or compromised.

5.3 Disclosure You Acknowledge Before Connecting

Before the Platform takes you to the brokerage, it shows the following disclosure, which you must acknowledge to continue:

Authorize OpenMarket

By allowing OpenMarket to access your Alpaca account, you are granting OpenMarket access to your account information and authorization to place transactions at your direction.

Alpaca does not warrant or guarantee that OpenMarket will work as advertised or expected. Before authorizing, learn more about OpenMarket.

5.4 Orders

• Every order is yours. Orders are entered by you, one at a time, and are unsolicited: the Platform makes no recommendation about any security, order or strategy. No alert, indicator, chart, or AI-generated content is a recommendation.
• Direct to the brokerage. Each order goes from your browser to the brokerage. We do not route, aggregate, hold, delay or transmit orders through our own systems, and we do not guarantee that an order is received, accepted, executed, or executed at any price.
• The brokerage's rules apply. Order types, trading hours, position limits, margin, pattern-day-trading rules, corporate actions and account restrictions are set and enforced by the brokerage. If the Platform is unavailable, you can manage open orders and positions directly on the brokerage's website.
• Confirmation. The Platform asks you to confirm each order before it is sent. Once sent, cancellation or modification is possible only to the extent the brokerage allows.

5.5 Paper Accounts

The brokerage offers paper (simulated) accounts. Orders in a paper account are not real orders, involve no real money, and are filled by the brokerage's simulation. Results in a paper account do not indicate the results you would obtain in a live account.

5.6 Fees

Brokerage Execution is a feature of the Platform's subscriptions and carries no charge from OpenMarket per order or per trade. We receive no payment from the brokerage for orders, accounts or referrals. The brokerage's own commissions, fees and regulatory charges, if any, are set and collected by the brokerage under its published fee schedule.

5.7 Market Data Shown Beside Order Entry

Prices, quotes and account figures shown with Brokerage Execution are obtained from the brokerage or a market-data provider and are displayed for your personal use. Some of this data may be delayed or drawn from a subset of trading venues, as labelled in the Platform. We do not warrant that any price shown is the best available price or the price at which an order will execute.

5.8 Suspension

We may suspend or withdraw Brokerage Execution, in whole or for particular accounts, at any time, including at the brokerage's request or where required by law. Your ability to cancel open orders and to trade directly at the brokerage is unaffected by any such suspension.

6. Fees and Third-Party Services

6.1 Builder Fee

Orders placed through the Platform on Hyperliquid carry a builder fee of 0.02% (2 basis points) of the executed notional value, paid to OpenMarket by the venue out of your fill. You authorize this fee with a signature from your wallet that sets the maximum rate; a new authorization is requested when the fee recipient or the maximum rate changes, or when the venue does not report an existing authorization. The Platform never charges above the rate you authorized. The builder fee is in addition to the venue's own trading fees, which are set and collected by the venue. The fee rate and any change to it are published on this page and in the Platform before you sign the authorization.

6.2 Third-Party Services

The Platform interacts with third-party services, including but not limited to:

• Hyperliquid (Execution Venue, Order Book & Settlement)
• Alpaca Securities LLC (Brokerage: account custody, order execution, clearing and settlement)
• Polymarket (Prediction Market Data)
• Wallet Providers (e.g., browser extension wallets)
• Public Blockchains (e.g., Arbitrum, Ethereum)
• Cloud & Data Providers (e.g., AWS, RPC Nodes)

We do not control these services. We are not responsible for outages, smart contract failures, liquidity crises, liquidations, or inaccuracies caused by third parties. Your use of these services is subject to their respective terms and conditions, including the venue's own eligibility rules and the brokerage's customer agreement.

7. Prohibited Activities

You agree NOT to:

• Use the Platform for money laundering, terrorist financing, or illegal commerce.
• Reverse engineer, scrape, or exploit the Platform's code or API.
• Interfere with Platform security or overload our infrastructure (DDoS).
• Engage in wash trading, spoofing, or market manipulation on supported venues or at a brokerage.
• Connect a brokerage account you are not authorized to operate, or share a connected session.
• Use the Platform to copy, mirror or follow another person's trades into a brokerage account, or to place orders in a brokerage account that you did not yourself decide to place.
• Impersonate others or provide false identification information.

8. No Financial Advice

The Platform is an informational tool.

• We do not provide investment, trading, or financial advice.
• No content, chart, or AI-generated insight constitutes a recommendation to buy or sell any asset.
• Content that expresses a view about a market, price or asset, on the Platform, this website or our social media accounts, is the opinion of its author at the time of publication, not a statement of fact.
• You are solely responsible for your trading decisions and strategy.

9. Disclaimer: No Brokerage or Exchange

OpenMarket is NOT:

• A broker, dealer, or investment adviser.
• A customized exchange or settlement layer.
• A custodian of fiat or digital assets.

We do not match orders, hold funds or securities, or guarantee best execution. We provide the interface; you provide the decisions. Under Brokerage Execution, the brokerage is your broker of record and the only party that executes, clears and holds your account; nothing in the Platform creates a brokerage, advisory or fiduciary relationship between you and OpenMarket.

10. Risk Acknowledgment

Trading futures, options on futures, securities, perpetual contracts, prediction markets and digital assets involves substantial risk of loss and is not suitable for every person. By using the Platform, you acknowledge the risks below and those set out in our Risk Disclosure:

• Capital Loss: Assets may lose some or all of their value.
• Asymmetric Risk: The possibility of profit is not equal to, or proportional to, the possibility of loss.
• Past Performance: Past performance, whether actual or hypothetical, is not indicative of future results.
• Technical Risk: Smart contracts, bridges, and wallets may contain bugs or be exploited.
• Regulatory Risk: Legislative changes may impact your ability to access the Platform or your funds.
• Leverage and Liquidation Risk: Futures and perpetual contracts are leveraged; adverse price moves can produce losses that equal or exceed the funds deposited, and can liquidate a position and the collateral behind it.
• Oracle Risk: Prediction markets rely on oracles (e.g., UMA) for resolution; these may be disputed or incorrect.
• Securities Risk: Stocks and exchange-traded funds can lose value, become illiquid, be halted, or be affected by corporate actions; orders outside regular trading hours may fill at prices that differ substantially from the last displayed price.
• Connectivity Risk: An outage of the Platform, your browser, your network or the brokerage can prevent an order from being entered, modified or cancelled; the brokerage's own website remains the fallback for managing your account.

You assume full responsibility for all risks associated with your activity on the Platform.

11. Feedback

If you submit feedback, feature requests, or suggestions, you grant OpenMarket a perpetual, irrevocable, royalty-free license to use, modify, and incorporate that feedback without compensation or attribution.

12. Indemnification

You agree to indemnify and hold harmless OpenMarket, its affiliates, and officers from any claims, damages, or losses arising from:

• Your breach of these Terms.
• Your violation of any law or the rights of a third party.
• Your use of the Platform or reliance on its analytics.
• Disputes regarding the ownership or security of the wallet or trading key you use with the Platform.
• Orders entered into, and the operation of, a brokerage account you connect to the Platform.

13. Limitation of Liability

To the maximum extent permitted by law:

• OpenMarket is not liable for indirect, incidental, punitive, or consequential damages.
• OpenMarket is not responsible for trading losses, execution delays, wallet failures, or any act or omission of a brokerage or venue.
• Cap on Liability: Our total liability to you for any claim arising out of these Terms or your use of the Platform shall not exceed USD $100.00.

14. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including internet outages, blockchain network congestion, cloud provider failures, acts of God, war, or regulatory intervention.

15. Changes to These Terms

We may update these Terms at any time. Material changes will be indicated by updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes acceptance of the new Terms.

16. Governing Law

These Terms are governed by the laws of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Delaware.

17. Contact Us

For legal inquiries regarding these Terms, please contact us at [email protected].