XKalevur Terms of Service

DRAFT FOR LEGAL REVIEW. Not in force until reviewed by counsel and published. Items in [square brackets] must be filled in or confirmed.

Effective date: [date] Version: [0.1 draft]

These Terms are an agreement between you and XKalevur, [ADDRESS - to be added] ("we", "us"), for the XKalevur software, website (xkalevur.com) and related services (together, the "Service"). By creating an account, installing the software or using the Service you accept these Terms. If you do not accept them, do not use the Service.

1. What the Service is

XKalevur is software that you run on your own computer and connect to your own brokerage and exchange accounts using API keys that you create and control. It scans markets, shows signals, and, when you turn the features on, places and manages orders in your accounts according to settings that you choose. We do not hold your money, we are not your broker, and we do not execute trades. Orders are sent by the software on your computer, directly to your broker or exchange.

2. We are not an adviser

• Nothing in the Service is investment, financial, legal or tax advice, a recommendation, or an offer or solicitation to buy or sell any security, digital asset or other instrument. Signals, scores, grades, markers, watch lists, news-risk indicators, optimizer results and every other output are information produced by automated rules, not personalised advice.
• We are not a registered investment adviser, broker-dealer, commodity trading adviser, or financial planner [counsel to confirm], and we do not manage assets on your behalf. You decide which features to switch on, which accounts to connect, how much to risk and whether to trade at all.
• You should consult a qualified professional before making financial decisions.

3. Risk, and your responsibility

Please read the Risk and Trading Disclosures (incorporated into these Terms). In short: trading securities and digital assets involves substantial risk of loss, including the loss of more than you intended, especially with low-priced, volatile or illiquid instruments, margin and automation. Past performance, including any back-test, replay, simulation or optimizer result, does not indicate or guarantee future results. You are solely responsible for every order placed in your accounts, whether placed by you or by the software, for your settings, for monitoring the software, and for compliance with the rules of your broker, your exchange and the laws that apply to you.

4. Eligibility and accounts

• You must be at least 18 (or the age of majority where you live) and legally able to trade in your jurisdiction. The Service is not offered where its use would be unlawful. [counsel: restricted jurisdictions]
• Sign-in is by a one-time code sent to your e-mail address or by Google sign-in. You are responsible for your e-mail account, your device, your PIN, and all activity under your account. Tell us at once if you suspect misuse.
• One person per account. Devices per account are limited by your plan.
• Information you give us must be accurate.

5. Plans, prices and billing

• Plans (Basic, Advanced, Pro, and others we may offer) differ in the features included. Current prices and features are on xkalevur.com; prices are in US dollars, billed monthly in advance and renew automatically until cancelled. Taxes may be added.
• Payments are processed by Stripe. We do not see or store your full card number.
• We may change prices or features with at least [30] days' notice; the change applies from your next billing period. You can cancel before then.
• Failed payments: we or Stripe may retry. If the subscription ends, see section 7.

6. Cancellation and refunds

You may cancel at any time from the account page or the Stripe customer portal. Cancellation takes effect at the end of the current paid month; you keep access until then. Fees are not prorated, and fees already paid are not refundable. See the Refund and Cancellation Policy.

7. When a subscription ends or an account is suspended

When your paid period ends, the software continues to manage and exit positions that are already open, and you can close a position by hand and read your reports. It will not open new positions, accept manual or additional entries, or sync positions bought elsewhere, until you subscribe again. Your settings stay on your computer. We may suspend or terminate an account, with or without notice, for breach of these Terms, non-payment, suspected fraud or abuse, legal requirement, or to protect the Service or others. Termination does not make us responsible for open positions: you remain responsible for monitoring and closing positions at your broker.

8. Licence and acceptable use

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the software on the number of devices your plan allows, for your own trading. You may not: copy, resell, share, sublicense or rent the software or your account; reverse engineer, decompile or tamper with it or its licence checks, except where the law does not allow this restriction; remove notices; use it to break any law or market rule, to manipulate markets, or to provide a competing service; overload or attack our servers; or use automated means to access the website other than the software. We own the software, the strategies' implementation, the marks and the content; you own your data. Some components are third-party or open-source and are licensed under their own terms.

9. Third-party services

The Service relies on third parties (brokers and exchanges such as Alpaca, Schwab, Robinhood and crypto exchanges; market-data and news providers; Stripe; Google; our e-mail and hosting providers; and optionally AI providers you configure). They are outside our control. Their outages, errors, delays, rejected orders, data gaps or rule changes can cause missed, delayed, wrong or failed orders and signals. Your relationship with each is governed by their terms. We are not responsible for them.

10. Data and signals are not guaranteed

Market, news and other data may be delayed, incomplete or wrong. Software has bugs. Orders can fill at prices different from those displayed (slippage), partially, late or not at all, and stop and limit orders do not guarantee a price or an exit. We do not promise that the Service will be uninterrupted, accurate, secure or error-free, or that it will produce profit or avoid loss.

11. Privacy

Our Privacy Policy explains what we collect. Broker keys and trading data stay on your computer and are not sent to us.

12. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND UNINTERRUPTED OPERATION.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OWNERS, OFFICERS, EMPLOYEES AND PROVIDERS ARE NOT LIABLE FOR TRADING LOSSES, LOST PROFITS, LOST OPPORTUNITY, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE [3] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow some of these limits; then they apply to the extent permitted. [counsel]

14. Indemnity

You will indemnify us against claims, losses and costs arising from your use of the Service in breach of these Terms, from your trading, or from your violation of law or third-party rights. [counsel]

15. Changes, termination by you, notices

We may update these Terms; material changes are notified by e-mail or in the app at least [30] days ahead, and continued use after that is acceptance. You may stop using the Service at any time (and cancel under section 6). Notices to you go to your account e-mail; notices to us go to support@xkalevur.com.

16. Governing law and disputes

These Terms are governed by the laws of [State, USA], without regard to conflict-of-law rules. Disputes will be resolved by [binding individual arbitration in [venue] / the courts of [venue]]; class actions are waived to the extent allowed. [counsel to decide]

17. General

These Terms, the Privacy Policy, the Refund and Cancellation Policy and the Risk and Trading Disclosures are the entire agreement. If a clause is unenforceable the rest stays in force. We may assign these Terms; you may not without our consent. Not exercising a right is not a waiver.

Contact: support@xkalevur.com

Questions? Write to support@xkalevur.com or use the contact form.