LegalArchitect Financial Derivatives LLC Term of Service
Last updated: 1/9/2025
These Terms of Service ("Terms") govern your relationship with Architect Financial Derivatives LLC ("AFD", "we", "us", or "our"), a limited liability company organized under the laws of Delaware and registered with the National Futures Association (NFA) as an Introducing Broker. By opening an account with AFD, you agree to be bound by these Terms and all applicable laws and regulations governing the trading of futures, options, and other derivatives.
1. General Terms
Regulatory Framework
AFD is an Introducing Broker registered with the NFA (NFA # 0556853) and is subject to regulation by the Commodity Futures Trading Commission (CFTC) and the NFA. AFD operates under the supervision of these regulatory bodies and complies with all applicable laws and regulations governing the conduct of futures commission merchants and introducing brokers.
Nature of Services
AFD provides introducing broker services for the trading of futures, options, and other derivatives traded on designated contract markets. AFD does not act as a futures commission merchant and does not carry customer accounts. All customer accounts are carried by and all trades are cleared through our clearing firm partners, including but not limited to Wedbush Securities, StoneX Financial Inc., and Straits Financial.
Account Agreement
These Terms, together with the account opening documents and any amendments thereto, constitute the entire agreement between you and AFD regarding the services provided by AFD. By opening an account with AFD, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. Eligibility and Account Opening
Eligibility Requirements
To open an account with AFD, you must:
- Be at least 18 years of age (or the age of majority in your jurisdiction);
- Have the legal capacity to enter into binding agreements;
- Provide accurate and complete information in your account application;
- Meet any minimum financial requirements;
- Comply with all applicable laws and regulations; and
- Pass any required suitability assessments.
Account Documentation
You agree to provide all required documentation to open and maintain your account, including but not limited to identification documents, financial statements, and any other information required by AFD or its clearing firm partners. You acknowledge that AFD may verify the information provided and may request additional documentation at any time.
Account Approval
AFD reserves the right to approve or deny any account application in its sole discretion. AFD may also close or restrict any account at any time if it determines that the account does not meet its requirements or if there has been a violation of these Terms or applicable regulations.
3. Trading Authorization and Instructions
Trading Authorization
You authorize AFD to accept and act upon trading instructions from you or your authorized representatives. AFD may require written authorization for certain types of transactions or trading strategies. You acknowledge that AFD is not obligated to accept any trading instruction and may reject any order in its sole discretion.
Order Entry and Execution
You may place orders through AFD's trading platform, by telephone, or through other authorized methods. AFD will use reasonable efforts to transmit your orders to the appropriate market or clearing firm, but AFD does not guarantee the execution of any order. You acknowledge that market conditions may prevent the execution of orders at the requested price or at all.
Order Cancellation and Modification
You may request to cancel or modify orders that have not been executed. However, AFD cannot guarantee that cancellation or modification requests will be effective, and you remain responsible for any orders that are executed before cancellation or modification.
4. Margin Requirements and Risk Management
Margin Requirements
All transactions in your account must be adequately margined in accordance with exchange requirements and AFD's risk management policies. Margin requirements may be changed at any time without notice. You are responsible for maintaining adequate margin in your account at all times.
Margin Calls
If your account falls below required margin levels, AFD or its clearing firm may issue a margin call requiring you to deposit additional funds or close positions. You must respond to margin calls promptly. If you fail to meet a margin call, AFD or its clearing firm may liquidate positions in your account without notice.
Risk Management
AFD may implement risk management measures including but not limited to position limits, daily loss limits, and other risk controls. AFD may also liquidate positions or restrict trading if it determines that such action is necessary to manage risk.
5. Fees and Charges
Commission and Fees
You agree to pay all applicable commissions, fees, and charges as disclosed in AFD's fee schedule. AFD may modify its fee schedule at any time with appropriate notice. You are responsible for all fees and charges incurred in connection with your account, including but not limited to trading commissions, exchange fees, regulatory fees, and clearing fees.
Payment of Fees
All fees and charges may be debited from your account automatically. You authorize AFD and its clearing firm to debit your account for all applicable fees and charges. If your account has insufficient funds to pay fees and charges, you remain liable for the full amount owed.
6. Representations and Warranties
You represent and warrant that:
- All information provided to AFD is accurate and complete;
- You have the legal capacity to enter into these Terms;
- You understand the risks associated with trading derivatives;
- You have adequate financial resources to bear the risks of trading;
- You will comply with all applicable laws and regulations;
- You will not engage in any manipulative or fraudulent trading practices; and
- You will promptly notify AFD of any material changes to your financial condition or other circumstances.
7. Prohibited Activities
You agree not to:
- Engage in any manipulative, deceptive, or fraudulent trading practices;
- Violate any applicable laws, regulations, or exchange rules;
- Use AFD's services for any unlawful purpose;
- Interfere with AFD's systems or operations;
- Provide false or misleading information to AFD;
- Engage in money laundering or other illicit activities; or
- Violate any position limits or other trading restrictions.
8. Disclaimers and Limitations
Market Risks
You acknowledge that trading in futures, options, and other derivatives involves substantial risk of loss. You understand that you may lose more than your initial investment and that past performance is not indicative of future results. AFD does not guarantee any trading results or investment returns.
Technology Risks
AFD's trading systems and technology are provided on an "as is" basis. AFD does not warrant that its systems will be uninterrupted or error-free. You acknowledge that system failures, delays, or other technical problems may affect your ability to trade and may result in losses.
Limitation of Liability
AFD's liability to you is limited to the extent permitted by law. In no event shall AFD be liable for any indirect, consequential, or punitive damages arising from your use of AFD's services or your trading activities.
9. Indemnification
You agree to indemnify and hold harmless AFD, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses arising from your use of AFD's services, your trading activities, or your violation of these Terms or applicable laws.
10. Termination
Termination by Customer
You may terminate your account with AFD at any time by providing written notice. Upon termination, you must close all open positions and pay all outstanding fees and charges.
Termination by AFD
AFD may terminate your account at any time with or without cause by providing reasonable notice. AFD may also terminate your account immediately if you violate these Terms or applicable laws.
Effect of Termination
Upon termination, all open positions must be closed and all outstanding obligations must be satisfied. The termination of your account does not relieve you of any obligations that arose prior to termination.
11. Dispute Resolution
Arbitration
Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the National Futures Association or such other arbitration organization as may be designated by AFD. The arbitration shall take place in Chicago, Illinois, unless otherwise agreed by the parties.
Class Action Waiver
You waive any right to participate in class action lawsuits or class-wide arbitrations against AFD. All disputes must be resolved on an individual basis.
12. General Provisions
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of law principles, and applicable federal laws and regulations.
Amendments
AFD may amend these Terms at any time by providing notice to you. Continued use of AFD's services after notice of amendments constitutes acceptance of the amended Terms.
Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms, together with the account opening documents and any amendments thereto, constitute the entire agreement between you and AFD regarding the services provided by AFD and supersede all prior agreements and understandings.
13. Contact Information
If you have any questions about these Terms or your account, please contact AFD at:
Architect Financial Derivatives LLC
Email: support@architect.co
NFA ID: 0556853
NFA Registration: www.nfa.futures.org/BasicNet/