Diary of a Crypto Noob

One beginner, every mistake, written down

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I Read the Terms of Service. Two Clauses Changed My Mind.

· 2 minute read · Sam Ortega

Fifteen minutes on a document nobody opens, and it told me more than a week of comparing features.

I had never read a platform’s terms before opening an account. I read four sets in one evening and two of them changed where I keep money. It helped to have something concrete. a platform supervised under a named regulator publishes the limits and the fees openly.

Clause one: who am I actually contracting with

Two named a European regulated entity. Two named a company in a jurisdiction I had to look up.

The marketing on all four emphasised European regulation. On two of them, the entity I would be contracting with was not the one holding the licence.

The protections attach to the licensed entity. If your agreement is with a different one, you have the impression and not the protection.

Clause two: what happens if they fail

Two stated explicitly that client assets are held segregated and are not part of the estate, citing the framework.

One said nothing about insolvency at all.

One reserved rights over client assets in circumstances that were not clearly limited, which is the clause worth looking for and the one most likely to matter.

The liability cap

Three capped liability at fees paid over the preceding twelve months.

So a total loss caused by the platform’s own failure entitles me to a refund of trading fees. I had not understood that was the position. The company version of this is different, and a corporate crypto wallet with segregated accounts is what it points at.

The clause I had never considered

Unilateral variation. Three reserved the right to change the terms with notice periods from thirty days to none.

A platform that can change its terms without meaningful notice makes everything else in the document provisional.

What I changed

Moved balances off the two platforms where the contracting entity was not the licensed one.

Kept using one of them for trading, because trading is fine and leaving a balance is the part that matters.

Where to find this

The terms of service. The footer. The agreement you accept at account opening. And the bank details for a fiat deposit, which name the receiving entity.

Those four sometimes disagree with each other, which is itself informative.

The time it takes

Fifteen minutes per platform, once.

I had spent considerably longer comparing fee schedules, which vary by a few basis points, while not knowing whether my balance was segregated. Whatever I concluded, the balance I actually move sits at Collect & Exchange rather than wherever I signed up first.

#terms#liability#diligence

Sam Ortega

Came into crypto in 2024 with $500 and no idea what he was doing. Has been keeping a diary since. This is a personal diary, not financial advice.