Legal Questions & Regulatory Framework

RadiaTrade V1 is intentionally limited to non-custodial software for eligible spot cryptocurrency trading in customer-owned accounts at supported third-party exchanges.

This page describes the current product architecture and the controls RadiaTrade uses to maintain that limited perimeter. It does not promise that any particular legal classification applies in every circumstance, does not replace the Terms of Service or Risk and Regulatory Notice, and is not legal, tax, investment, or financial advice to customers. Regulatory treatment is fact-specific and may change with the law, the product, an asset, a transaction, or a customer’s jurisdiction.

1. Current V1 Perimeter

Product configuration 2026-08-23-v1: paper access is available; billing, $RTC, and order-specific Signals execution are disabled. Customer live Auto activation is available only after all eligibility gates pass. The only configured execution perimeter is Kraken spot.

The current live product is designed around these boundaries:

• customer assets remain in the customer’s own Kraken account;
• RadiaTrade does not accept trading deposits, custody assets, operate customer wallets, or pool customer capital;
• API access is used for account data and authorized trading, without withdrawal or external-transfer authority;
• live execution is limited to spot purchases and sales supported by the active standardized strategy and execution controls;
• V1 does not support securities, tokenized securities, stocks, ETFs, futures, perpetuals, options, swaps, margin, leveraged derivatives, or retail foreign exchange;
• customers select whether to authorize Auto execution and select a standardized risk profile;
• live availability is restricted by declared residence, exchange availability, account permission, product, asset support, and runtime safety controls; and
• the current service is free early access and does not accept subscription payments.

These are product controls, not a warranty that the product is exempt from every registration, licensing, or other legal requirement. RadiaTrade may restrict or discontinue functionality whenever eligibility is uncertain.

2. Exchange, Custody, and Settlement

Is RadiaTrade a cryptocurrency exchange?

No. RadiaTrade does not provide the venue where customer assets are held, matched, or settled. Customers independently establish and maintain their exchange accounts. The exchange controls custody, deposits, withdrawals, its order book, settlement, liquidity, account administration, and exchange-specific obligations. RadiaTrade software may submit an authorized spot order to the connected account.

Does RadiaTrade hold customer money or cryptocurrency?

No. RadiaTrade is designed to be non-custodial. It does not accept customer trading deposits, maintain customer trading wallets, hold wallet seed phrases or private keys, pool customer assets, or move customer value between accounts or external wallets. Customers should never provide RadiaTrade with a seed phrase, private key, exchange password, or withdrawal credential.

What API authority is used?

Customers must provide API credentials suitable for reading the account information needed to operate the service and submitting authorized spot orders. RadiaTrade does not need or use withdrawal or external-transfer authority. Connecting credentials alone does not authorize Auto execution; the customer must separately select a risk profile and accept the automated-trading disclosure. Customers can revoke exchange credentials at the exchange at any time.

3. Securities-Law Boundary

RadiaTrade is not registered as an investment adviser or broker-dealer. V1 is designed to avoid transactions in securities by excluding securities, tokenized securities, stocks, ETFs, and other securities products from live trading. It does not rely on the label “software” alone: the characteristics of the asset, transaction, service, compensation, and authority exercised all matter.

The federal definitions of “investment adviser” and “broker” focus in relevant part on advice about, or transactions in, securities. Crypto assets are not subject to a single universal classification. The SEC and CFTC’s 2026 interpretation describes multiple crypto-asset categories and emphasizes that the asset and the transaction or arrangement must be analyzed. An exchange listing does not establish that RadiaTrade may support an asset.

RadiaTrade therefore does not automatically enable every asset available at Kraken. Live orders are limited to assets produced by the active standardized strategy and accepted by the platform’s product, symbol, liquidity, exchange, and execution controls. If legal or product eligibility is uncertain, the asset or functionality may be disabled pending review.

Supporting a security, tokenized security, stock, ETF, or a materially different transaction would require a separate product and regulatory analysis before activation.

4. Money Transmission and Customer Value

RadiaTrade is not registered as a money services business or money transmitter. Its current architecture is designed so RadiaTrade does not accept customer cryptocurrency or fiat for transmission: assets remain at the customer’s exchange, RadiaTrade submits software instructions, and the exchange performs custody and settlement.

FinCEN guidance distinguishes the creation or distribution of software from accepting and transmitting value, but regulatory treatment depends on actual activities rather than labels. RadiaTrade does not offer external withdrawals, automatic profit sweeps, cross-exchange transfers, person-to-person transfers, or custody. Adding any such function would require a separate review before release.

5. Commodities and Derivatives Boundary

RadiaTrade V1 is spot-only. It does not offer futures, perpetual contracts, options, swaps, retail foreign exchange, margin, or leveraged derivatives. Commodity Trading Advisor and related CFTC/NFA frameworks can apply to compensated advice concerning futures, options on futures, swaps, and certain other commodity-interest products. RadiaTrade does not represent that calling a product “spot” resolves every legal question; it keeps derivatives outside V1 and requires a separate review before any expansion.

6. Customer Choice and Automated Execution

Automation does not by itself determine regulatory status. In Auto mode, a customer expressly authorizes the selected standardized strategy and risk profile to submit eligible spot orders without approving each order individually. The customer receives the automated-trading risk disclosure before activation. Connecting an API key alone does not opt the customer into trading, and the customer can revoke execution consent or disconnect the exchange.

RadiaTrade does not guarantee that a selected profile is suitable for a customer, that an order will execute, or that a strategy will be profitable. Customers remain responsible for deciding whether to use the service and how much capital to maintain at their exchange.

7. Assets and Product Availability

Exchange support and RadiaTrade support are separate. An asset or pair may be unavailable because of product classification, regulatory uncertainty, jurisdiction restrictions, exchange restrictions, symbol support, liquidity, market integrity, security, execution risk, or other controls. Availability today does not guarantee future availability.

RadiaTrade follows a fail-closed approach: unsupported or uncertain products are not enabled for new live orders. This does not require RadiaTrade to liquidate an existing exchange holding. A customer remains responsible for assets held directly in the customer’s exchange account.

8. Jurisdiction Controls

Federal law is only part of the analysis. State virtual-currency, money-transmission, securities, investment-adviser, consumer-protection, and financial-services laws can differ. RadiaTrade therefore evaluates live availability using the customer’s declared legal residence and the connected exchange’s availability.

Depending on the current policy, a jurisdiction may be eligible for Auto execution, limited to paper trading, under review, or unavailable. Missing, unsupported, or uncertain residence information blocks new live orders while preserving paper access. A VPN or IP address does not override declared residence, and customers must provide accurate information rather than attempt to evade geographic controls.

9. Fees, Pooling, and Performance Compensation

RadiaTrade currently provides free early access and does not accept subscription payments. If paid access is introduced, payment would purchase software access and would remain separate from trading capital. RadiaTrade does not accept customer trading capital, pool customer money, charge a percentage of profits, or charge based on assets in a connected account.

No payment, current or future, would be a deposit into an exchange account, an investment contribution, an ownership interest, or a promise of performance. Any future price, provider, payment method, renewal terms, and effective date must be disclosed before enrollment opens.

10. Trading and Performance Risk

RadiaTrade does not guarantee profits, preservation of principal, trading accuracy, a particular return, or protection against loss. Customers can lose some or all capital allocated to cryptocurrency trading.

Backtested, modeled, hypothetical, and paper results are not live results or predictions. They can differ materially from live outcomes because of fees, spread, slippage, latency, liquidity, market impact, data limitations, exchange outages, rejected orders, and changing market conditions. Past performance does not guarantee future results.

11. Payment Processing Is a Separate Question

A payment processor or acquiring bank applies its own underwriting and prohibited-business policies. Acceptance or rejection by a processor is not a determination by a regulator or court about the legality of RadiaTrade. RadiaTrade currently does not accept payments.

12. Future Products and $RTC

Any future RadiaTrade-issued token is outside the V1 spot-trading-software perimeter described here. No $RTC token is currently offered, sold, or available. Issuance, distribution, sale, transferability, utility, economics, marketing, and access rights would require a separate analysis and disclosures before any launch. Nothing on this page is an offer to sell or a solicitation to buy a token.

13. Controls Can Change

Digital-asset regulation and exchange availability continue to evolve. RadiaTrade may change supported assets, jurisdictions, exchanges, permissions, disclosures, or product functions in response to laws, rules, guidance, court decisions, exchange changes, security findings, or changes to the service. A versioned, fail-closed eligibility evaluator and final order-dispatch checks are used to prevent an interface or legacy path from bypassing current restrictions.

14. Selected Regulatory Sources

These links are provided for transparency and do not imply endorsement of RadiaTrade or establish the legal treatment of RadiaTrade, any asset, transaction, or customer:

• SEC/CFTC, Application of the Federal Securities Laws to Certain Types of Crypto Assets and Certain Transactions Involving Crypto Assets, Release Nos. 33-11412 / 34-105020 (2026)
• Investment Advisers Act of 1940
• Securities Exchange Act of 1934
• FinCEN Administrative Ruling FIN-2014-R002
• FinCEN Guidance FIN-2019-G001
• Commodity Exchange Act
• NFA Commodity Trading Advisor registration guidance

15. Bottom Line

RadiaTrade V1 is deliberately narrow: customer-owned exchange accounts, no custody, no withdrawal authority, no pooling, approved spot functionality only, customer-selected automation, jurisdiction controls, and no derivatives or securities products. Those limits are operational controls, not marketing labels, and RadiaTrade may disable a feature rather than expand beyond the current perimeter without review.

Questions about this framework may be sent to legal@radiatrade.com.