Terms of Service
1. Acceptance of Terms
These Terms of Service (“Terms”) establish an enforceable legal agreement between you (“User”, “you”) and Kelvin Fundholm (“Company”, “we”, “us”, or “our”), governing your access to and utilization of our algorithmic software, websites, interfaces, automated execution tools, and related analytical services (collectively, the “Platform”).
By registering for an account, accessing any portal operated by Kelvin Fundholm, or executing algorithmic workflows, you expressly affirm that you have read, comprehended, and agreed to be legally bound by these Terms. If you do not accept these Terms without reservation, you must refrain from using the Platform immediately.
2. Eligibility and Jurisdictional Compliance
Access to the Platform is offered strictly to individuals who have reached the age of majority in their jurisdiction of residence (at least 18 years of age, or 19 where provincial statutes prescribe) and possess full legal capacity to enter into binding agreements. The Platform is maintained in accordance with the laws of Canada.
You warrant and represent that your access to digital asset analysis and automated trading tools does not violate applicable local regulations, currency controls, or regulatory sanctions in your country or province of residence. Kelvin Fundholm disclaims responsibility for unauthorized cross-border platform access.
3. Algorithmic Software and Non-Advisory Nature
Kelvin Fundholm provides computational trade automation software, mathematical market modeling, and quantitative algorithmic bots. You expressly acknowledge and concur that:
- No Financial Advice: Kelvin Fundholm is a financial technology software provider, not a portfolio manager, registered investment adviser, broker-dealer, or custodial trustee under Canadian securities authorities.
- Autonomous Execution: Algorithmic strategies, parameters, leverage controls, and execution schedules remain under your exclusive discretionary oversight and authorization.
- No Guarantees: Historical simulations, backtests, or hypothetical return models presented across platform materials do not indicate, forecast, or guarantee future trading performance.
4. Account Access and Security Obligations
To employ certain platform functions, you must establish an authorized user profile and link your designated third-party exchange or broker programming interfaces (APIs). You agree to provide true, verifiable, and up-to-date data during onboarding and to refresh such information without delay whenever modifications occur.
You bear sole responsibility for safeguarding your login credentials, two-factor authentication tokens, and API secret keys. You agree not to disclose credentials to any third party and to notify Kelvin Fundholm immediately at [email protected] upon detecting unauthorized profile access or security incidents.
5. Prohibited Conduct and System Integrity
You agree not to engage in any activity that impairs, compromises, or disrupts the Kelvin Fundholm infrastructure. Strictly forbidden activities include:
- Reverse-engineering, decompiling, scraping, or disassembling underlying algorithmic codebases, trading indicators, or machine-learning models;
- Employing automated bots to conduct wash trades, spoof orders, layer quotes, or execute unlawful market manipulation across integrated exchanges;
- Using the Platform for money laundering, terrorism financing, sanctions circumvention, or illegal transactions;
- Introducing malicious code, denial-of-service scripts, or excessive API request volumes that degrade platform stability for other users.
6. Third-Party Integrations and Network Latency
Kelvin Fundholm communicates with third-party cryptocurrency exchanges, digital liquidity venues, and market data providers via network interfaces. We do not supervise, own, or guarantee the operation, uptime, solvency, or order execution accuracy of third-party platforms.
You acknowledge that high-frequency signals and algorithmic order routing may experience network latency, order slippage, packet drops, or exchange outages. Kelvin Fundholm is not liable for trade misexecutions resulting from exchange API downtimes, network disruptions, or extreme liquidity vacuums.
7. Intellectual Property Rights
All software architectures, proprietary algorithms, visual designs, interfaces, trademarks, service marks, documentation, and data visualizations associated with Kelvin Fundholm are the sole property of the Company or its licensors and are protected under international copyright and intellectual property conventions. We grant you a revocable, non-exclusive, non-transferable, and non-sublicensable license to utilize the Platform solely for your internal trading management.
8. Limitation of Liability and Indemnification
To the maximum extent permitted by applicable Canadian law, Kelvin Fundholm, its directors, officers, engineers, affiliates, and contractors shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including without limitation capital loss, trading drawdowns, missed profits, or data corruption, arising out of or related to your use of the Platform.
You agree to indemnify, defend, and hold harmless Kelvin Fundholm from and against any claims, losses, liabilities, expenses, or judgments arising from your breach of these Terms, non-compliance with applicable financial statutes, or trades executed by your connected accounts.
9. Governing Law and Severability
These Terms and any non-contractual disputes arising hereunder shall be construed and governed in accordance with the substantive laws of Canada, without reference to conflict-of-law principles. Should any clause within these Terms be declared void or unenforceable by a court of competent jurisdiction, the remaining provisions shall preserve their full legal effect.
10. Modifications and Contact Information
Kelvin Fundholm reserves the discretionary right to update or modify these Terms at any time. Changes will be posted to this page alongside an updated revision date. Inquiries regarding these Terms should be directed to:
Kelvin Fundholm Legal Operations
Address: West Georgia Street 182, H3B 1A7 Montréal, CA
Email: [email protected]
Phone: +1 (416) 253-9067