Legal Disclaimer & Terms of Use

GrailHub Trading Software - Legal Disclaimer & Terms of Use

Last Updated: November 9, 2024

SOFTWARE DISCLAIMER

This software is provided “as is” without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages, or other liability, whether in an action of contract, tort, or otherwise, arising from, out of, or in connection with the software or the use or other dealings in the software.

TRADING RISK WARNING

IMPORTANT: Trading involves substantial risk of loss and is not suitable for all investors.

• Past performance is not indicative of future results
• You may lose all or more than your initial investment
• Leveraged trading can result in losses exceeding your account balance
• Market volatility can lead to rapid and substantial losses
• No trading system or methodology is guaranteed to be profitable

You should carefully consider whether trading is suitable for you in light of your circumstances, knowledge, and financial resources. You should not engage in trading unless you understand the nature of the transactions you are entering into and the extent of your exposure to loss.

USER RESPONSIBILITY

You are solely responsible for:

• All trading decisions made using this software
• Any resulting profits or losses from your trading activities
• Understanding and complying with all applicable laws and regulations
• Maintaining the security of your trading accounts and credentials
• Verifying the accuracy of any data or signals provided by the software
• Conducting your own due diligence before making any trading decisions

The developers and distributors of GrailHub are not liable for any financial losses, damages, or consequences incurred through the use of this software.

CAPITAL AT RISK

Never invest money you cannot afford to lose.

• Only trade with risk capital - money you can afford to lose without affecting your lifestyle
• Do not use funds needed for living expenses, retirement, or emergency savings
• Consider your overall financial situation before trading
• Seek independent financial advice if you have any doubts

EDUCATIONAL PURPOSE

This software is provided for educational and informational purposes only. It is designed to:

• Demonstrate algorithmic trading concepts
• Provide tools for market analysis and research
• Facilitate learning about trading strategies and technical analysis
• Enable users to develop and test their own trading systems

This software is NOT:

• A guarantee of trading profits
• A substitute for professional financial advice
• An endorsement of any particular trading strategy
• A recommendation to buy or sell any securities or financial instruments

NO FINANCIAL ADVICE

GrailHub and its developers are not:

• Registered investment advisors
• Financial advisors or financial planners
• Broker-dealers or securities dealers
• Licensed to provide financial advice in any jurisdiction

Nothing in this software constitutes professional financial advice, investment advice, trading advice, or any other sort of advice. You should not treat any of the software’s content, features, or outputs as a substitute for competent financial advice from a licensed professional.

NO GUARANTEES OR PROMISES

We make no representations or guarantees regarding:

• The accuracy, completeness, or timeliness of any data
• The performance or profitability of any trading strategy
• The reliability or availability of the software
• The suitability of the software for any particular purpose
• Future results based on historical performance

Any examples, case studies, or performance data shown are for illustrative purposes only and do not guarantee similar results.

REGULATORY COMPLIANCE

Your Responsibilities

You are responsible for:

• Complying with all applicable laws and regulations in your jurisdiction
• Understanding securities laws, commodities laws, and financial regulations that apply to you
• Obtaining any necessary licenses or registrations required for trading
• Reporting and paying all applicable taxes on trading activities
• Complying with anti-money laundering (AML) and know-your-customer (KYC) requirements

Jurisdictional Limitations

GrailHub makes no representations regarding:

• The legality of this software in any jurisdiction
• Whether the software complies with local regulations
• Whether you are permitted to use this software in your location

It is your responsibility to determine whether your use of this software is legal in your jurisdiction. If you are unsure, consult with a legal professional before using the software.

Prohibited Jurisdictions

This software may not be available or legal in certain jurisdictions. Users are prohibited from using this software if:

• Such use would violate local laws or regulations
• They are located in a jurisdiction where trading software is restricted
• They are subject to economic sanctions or trade restrictions

DATA COLLECTION & PRIVACY

Information We Collect

By accepting these terms and using GrailHub, we collect technical information about your device and system for legal protection, analytics, and support purposes, including but not limited to:

Device Information:

• Unique device identifier (generated locally)
• Hardware information (CPU, memory, architecture)
• Operating system and version
• Screen resolution and color depth
• Browser type and version

Network Information:

• IP address
• Timezone and timezone offset
• Geographic location (derived from IP)
• Internet service provider

Usage Information:

• Timestamp of acceptance
• Download URL and platform
• Page URL and referrer
• Session information
• Browser language and settings

Acceptance Record:

• Complete text of terms and conditions accepted
• Timestamp of acceptance
• Version of terms accepted

Purpose of Data Collection

This information is collected to:

• Establish legal evidence of terms acceptance
• Protect against fraudulent claims or disputes
• Provide technical support and troubleshooting
• Improve software compatibility and performance
• Comply with legal and regulatory requirements
• Analyze usage patterns and user demographics

Legal Protection

The information collected serves as legal evidence and may be used in legal proceedings to establish that you have read, understood, and accepted these terms and conditions. This data creates a verifiable record that can be used to:

• Prove acceptance of terms in case of disputes
• Demonstrate that terms were properly disclosed
• Establish jurisdiction and applicable law
• Refute claims of unauthorized use or access
• Support legal defense in litigation

Data Storage & Retention

• Data is stored securely in encrypted databases
• Data is retained for a minimum of 7 years for legal compliance
• Data may be retained longer if required by law or for ongoing legal matters
• Access to data is restricted to authorized personnel only

Your Rights

Depending on your jurisdiction, you may have rights regarding your personal data, including:

• Right to access your data
• Right to correct inaccurate data
• Right to request deletion (subject to legal retention requirements)
• Right to object to processing
• Right to data portability

To exercise these rights, contact us at [contact information].

GDPR Compliance (EU Users)

If you are located in the European Union:

• We process data based on your consent and our legitimate interests
• You have the right to withdraw consent at any time
• You have the right to lodge a complaint with a supervisory authority
• Data transfers outside the EU are protected by appropriate safeguards

CCPA Compliance (California Users)

If you are a California resident:

• You have the right to know what personal information is collected
• You have the right to request deletion of your information
• You have the right to opt-out of the sale of personal information (we do not sell personal information)
• We do not discriminate against users who exercise their privacy rights

LIMITATION OF LIABILITY

To the maximum extent permitted by law:

No Liability for Losses:

In no event shall GrailHub, its developers, distributors, affiliates, partners, or contributors be liable for any:

• Direct, indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Trading losses or missed trading opportunities
• Costs of procurement of substitute goods or services
• Business interruption or system downtime
• Any other intangible losses

Regardless of:

• The legal theory (contract, tort, negligence, strict liability, or otherwise)
• Whether we were advised of the possibility of such damages
• Whether such damages were foreseeable

This includes but is not limited to losses resulting from:

• Use or inability to use the software
• Errors, bugs, or defects in the software
• Inaccurate or incomplete data
• Unauthorized access to or alteration of your data
• System failures, crashes, or downtime
• Third-party actions or omissions
• Market conditions or trading losses

Maximum Liability Cap

If any liability is found to exist despite the above limitations, our total aggregate liability shall not exceed the amount you paid for the software (if any), or $100 USD, whichever is less.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless GrailHub, its developers, distributors, affiliates, partners, contributors, and their respective officers, directors, employees, and agents from and against any and all:

• Claims, demands, actions, or proceedings
• Damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees)
• Arising from or related to:
  • Your use or misuse of the software
  • Your trading activities and decisions
  • Your violation of these terms and conditions
  • Your violation of any applicable laws or regulations
  • Your violation of any third-party rights
  • Any false or misleading information you provide

This indemnification obligation survives termination of your use of the software.

THIRD-PARTY SERVICES & INTEGRATIONS

GrailHub may integrate with or rely on third-party services, including but not limited to:

• Market data providers (e.g., Polygon.io, Binance, Coinbase)
• Trading platforms and exchanges
• Cloud services and hosting providers
• Analytics and monitoring services

We are not responsible for:

• The availability, accuracy, or reliability of third-party services
• Changes to third-party APIs or services
• Third-party terms of service or privacy policies
• Costs or fees charged by third-party services
• Data breaches or security issues with third-party services

You are responsible for complying with the terms of service of any third-party services you use in connection with GrailHub.

INTELLECTUAL PROPERTY

Software License

GrailHub is licensed under the MIT License. See the LICENSE file for complete terms.

Trademarks

GrailHub and related logos are trademarks of the project. You may not use these trademarks without prior written permission.

User Content

You retain ownership of any trading strategies, configurations, or data you create using the software. However, you grant us a non-exclusive, worldwide, royalty-free license to use anonymized, aggregated data for improving the software.

SOFTWARE MODIFICATIONS & UPDATES

• We may modify, update, or discontinue the software at any time without notice
• Updates may introduce new features, fix bugs, or change functionality
• We are not obligated to provide updates or support
• Older versions may become incompatible or cease to function
• You are responsible for maintaining backups of your data and configurations

TERMINATION

We reserve the right to:

• Terminate or suspend your access to the software at any time
• Modify or discontinue any features or services
• Refuse service to anyone for any reason

Upon termination:

• Your right to use the software immediately ceases
• You must delete all copies of the software
• Provisions regarding liability, indemnification, and dispute resolution survive

DISPUTE RESOLUTION

Governing Law

These terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Arbitration

Any disputes arising from these terms or your use of the software shall be resolved through binding arbitration in accordance with [Arbitration Rules], except where prohibited by law.

Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive any right to participate in class actions, class arbitrations, or representative actions.

Exceptions

Either party may seek injunctive relief in court for:

• Intellectual property infringement
• Violation of confidentiality obligations
• Unauthorized access to systems

SEVERABILITY

If any provision of these terms is found to be unenforceable or invalid:

• That provision shall be limited or eliminated to the minimum extent necessary
• The remaining provisions shall remain in full force and effect
• The invalid provision shall be replaced with a valid provision that most closely matches the intent

ENTIRE AGREEMENT

These terms constitute the entire agreement between you and GrailHub regarding the software and supersede all prior agreements, understandings, and communications.

CHANGES TO TERMS

We reserve the right to modify these terms at any time. Changes will be effective:

• Immediately upon posting for new users
• After notice to existing users (via email, in-app notification, or website posting)

Your continued use of the software after changes constitutes acceptance of the modified terms.

NO WAIVER

Our failure to enforce any provision of these terms does not constitute a waiver of that provision or any other provision.

CONTACT INFORMATION

For questions about these terms or the software:

• Website: https://grailhub.io
• Email: contact@grailhub.io

ACCEPTANCE

By downloading, installing, or using GrailHub, you acknowledge that you have:

• Read and understood these complete terms and conditions
• Agree to be bound by all provisions herein
• Are of legal age to enter into this agreement in your jurisdiction
• Have the authority to accept these terms
• Accept full responsibility for your trading activities and decisions
• Understand the risks involved in trading
• Will comply with all applicable laws and regulations

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.

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Version: 1.0
Effective Date: November 9, 2024
Last Reviewed: November 9, 2024