Terms of Use & Privacy Policy

Part I: Terms of Use and Terms & Conditions

1. Nature of the Service & Non-Custodial Architecture

1.1. Technological Tool Only: CogniQuant is a proprietary automated software tool designed to execute mathematical calculations, algorithmic trading strategies (including Bollinger Mean Reversion, Momentum Trend Following, and Dynamic ATR volatility risk management), and AI-assisted market analysis.

1.2. Non-Custodial Architecture: CogniQuant does NOT act as a broker, custodian, financial exchange, bank, investment advisor, or portfolio manager. The Platform does NOT hold, custody, receive, transfer, or store user funds, fiat currency, or cryptocurrencies. All assets remain at all times within the User's personal account on their designated third-party cryptocurrency exchange (e.g., Binance Futures).

1.3. API-Only Integration: The Software executes commands exclusively through Application Programming Interface (API) keys generated and provided by the User. The User retains full ownership and control over their exchange accounts and API permissions.

2. Strict No-Financial-Advice & No-Fiduciary Disclaimer

2.1. No Financial Advice: The Software, its user interface, algorithmic outputs, AI advisory logs (including Google Gemini or other LLM outputs), technical indicators, and notifications do NOT constitute financial, investment, trading, accounting, tax, or legal advice.

2.2. No Fiduciary Duty: The Company, its founders, directors, officers, employees, developers, affiliates, and agents owe NO fiduciary duty, duty of care, or financial responsibility to the User.

2.3. Independent Decision-Making: All trades, orders, leverage configurations, and automated strategies executed through CogniQuant are deemed to be authorized and directed solely by the User. The User is solely responsible for evaluating the risks and merits of any financial transaction.

3. High-Risk Cryptocurrency Derivatives Disclaimer & Acknowledgment

3.1. Extreme Volatility & Total Loss of Capital: Trading cryptocurrency futures, perpetual contracts, and leveraged digital assets carries an exceptionally high level of risk and may result in the substantial or complete loss of all deposited funds.

3.2. Leverage & Liquidation Cascades: Leveraged trading magnifies both potential gains and potential losses. Rapid market moves can trigger margin calls, liquidation cascades, exchange auto-deleveraging (ADL), and forced liquidations within milliseconds.

3.3. Assumption of Risk: The User expressly acknowledges, confirms, and assumes full legal and financial responsibility for all risks associated with cryptocurrency futures trading, automated order routing, and market volatility.

4. Absolute Exclusion of Liability (Trading Losses & System Anomalies)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

4.1. No Liability for Financial Outcomes: The Company, Platform, and its developers SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:

• Trading losses, unrealized losses, liquidated positions, or reduced profits;
• Missed market opportunities or failure to execute anticipated trades;
• Order slippage, price discrepancies, execution lag, or adverse fills;
• Exchange server downtime, maintenance, rate-limit bans (e.g., Binance IP bans, HTTP 429/418 errors), API disconnects, or order rejections;
• Internet connectivity failures, cloud server drops, power outages, or hardware malfunctions;
• Erroneous, delayed, or hallucinated outputs generated by third-party Large Language Models (LLMs) or AI advisory components;
• WebSocket disconnects, stale data feeds, heartbeat timeouts, or position desynchronization between exchange and database.

4.2. “As-Is” and “As-Available” Warranty: The Software is provided strictly on an “AS-IS” and “AS-AVAILABLE” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, uptime, accuracy, or uninterrupted operation.

5. Subscription, Billing, and Non-Payment Suspension Policy

5.1. Recurring Billing: Access to CogniQuant is provided on a recurring subscription basis (monthly, quarterly, or annual plans). Subscriptions renew automatically unless cancelled prior to the billing date.

5.2. Failure of Payment & Immediate Service Halting: If a subscription payment fails, bounces, expires, or is disputed for ANY reason:

• The Platform reserves the right to immediately, without prior notice, suspend, freeze, halt, or terminate all automated background jobs, order routing, and active bot runtimes associated with the User's account.

5.3. Absolute Disclaimer for Losses from Payment-Induced Halts:

• THE COMPANY SHALL NOT BE LIABLE FOR ANY FINANCIAL LOSSES, UNPROTECTED OPEN POSITIONS, FAILED STOP-LOSS EXECUTIONS, MISSED TAKE-PROFITS, OR LIQUIDATION EVENTS resulting directly or indirectly from the suspension, halting, or termination of bot execution due to payment failure, card decline, or expired subscription status.
• The User acknowledges that it is their sole responsibility to monitor their exchange account and maintain manual stops or close positions in the event of a subscription lapse.

5.4. Strict No-Refund Policy: All subscription fees, onboarding setup fees, and software license payments are strictly non-refundable once billed, regardless of trading performance, market conditions, or usage frequency.

6. API Key Security & User Responsibilities

6.1. Strict API Permission Rules: The User MUST NEVER enable “Withdrawal” or “Transfer” permissions when creating exchange API keys for use with CogniQuant. Keys should strictly be granted “Enable Futures” and “Enable Reading” permissions.

6.2. User Key Safeguarding: While the Platform employs AES-256 encryption at rest for stored API keys, the User remains solely responsible for the confidentiality, generation, rotation, and revocation of their API credentials.

6.3. Compromised Credentials: The Company is not liable for unauthorized transactions or account breaches resulting from compromised user devices, stolen passwords, or exchange-side security incidents.

7. Fair Usage & Prohibited Activities Policy

Users agree to abide by the following Fair Usage Guidelines:

7.1. No System Abuse: Users shall not intentionally overload the Platform's infrastructure, spam API requests, engage in rate-limit evasion, or attempt distributed denial-of-service (DDoS) attacks.

7.2. No Reverse Engineering: Users shall not decompile, reverse-engineer, disassemble, decode, modify, or create derivative works of the CogniQuant proprietary code, execution algorithms, or trading strategies.

7.3. No Malicious Exploitation: Users shall not use the Software to engage in market manipulation, wash trading, spoofing, illegal front-running, money laundering, terrorist financing, or any violation of international financial regulations.

7.4. Account Termination: Violation of the Fair Usage Policy will result in immediate permanent account termination without refund and potential reporting to relevant law enforcement authorities.

8. Indemnification & Hold Harmless

The User agrees to defend, indemnify, and hold harmless Createchz Corporation (United States), its founders, directors, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including legal and attorney fees) arising out of or in any way connected with:

• The User's access to or use of the Software;
• Any trading losses, liquidations, or financial outcomes experienced by the User;
• The User's breach of this Agreement or violation of any third-party rights or exchange terms of service;
• Any tax liabilities or legal consequences incurred by the User's trading activities.

9. Binding Arbitration, Class Action Waiver & Governing Law

9.1. Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to this Agreement or the Software shall be resolved exclusively through final and binding individual arbitration in the United States, and NOT in a court of law.

9.2. Class Action Waiver: The User expressly waives any right to initiate, join, or participate in any class action lawsuit, collective arbitration, or representative proceeding against the Company.

9.3. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Part II: Global Privacy Policy (GDPR, CCPA/CPRA & International Compliance)

1. Overview & Scope

Createchz Corporation (“We”, “Us”, “Our”) respects your privacy and is committed to protecting your personal data in compliance with the General Data Protection Regulation (GDPR - EU/EEA), California Consumer Privacy Act (CCPA/CPRA), and international privacy standards.

2. Information We Collect

2.1. Account Identification: Name, email address, password hash (salted bcrypt), and subscription billing status.

2.2. Exchange Integration Credentials: API Key and Secret Key for your designated trading exchange (e.g., Binance Futures).

2.3. Trading Telemetry & Performance Logs: Non-identifying operational data including timestamps, trade direction, executed quantities, slippage rates, PnL records, and system health heartbeats.

2.4. Technical Device Data: IP address, browser type, operating system, and access timestamps for authentication, security verification, and fraud prevention.

3. How We Use Your Information

We process your personal and technical data strictly for the following lawful purposes:

• Service Execution: Authenticating and executing algorithmic trading orders on your connected exchange accounts as instructed by your configurations;
• Security & Integrity: Verifying account logins, detecting suspicious access, and preventing API rate-limit abuse;
• Performance Analytics: Generating trade outcome reports, win-rate metrics, and risk monitoring dashboards;
• Automated Alerting: Dispatching critical email notifications regarding circuit breakers, stop-losses, margin warnings, or system heartbeat alerts;
• Billing Administration: Managing subscription lifecycle, processing recurring invoices, and verifying license validity.

4. Data Security & AES-256 Encryption Architecture

4.1. Encryption at Rest: All sensitive credentials, specifically Exchange API Secrets, are encrypted using industry-standard AES-256-GCM encryption before storage in our database. Encryption keys are strictly decoupled from application data stores.

4.2. Encryption in Transit: All communications between the client dashboard, our backend servers, cloud databases, and exchange endpoints are strictly transmitted over TLS 1.3 / HTTPS / WSS encrypted channels.

4.3. Zero Knowledge of Private Keys / Funds: We NEVER request, store, or have access to your private crypto wallet keys, seed phrases, or exchange withdrawal passwords.

5. Third-Party Data Processors & Integrations

To provide autonomous trading functionality, data is securely processed through vetted third-party infrastructure:

• Cryptocurrency Exchanges (e.g., Binance): Order routing and position tracking via secure exchange APIs;
• Cloud Database (e.g., Supabase / PostgreSQL): Encrypted persistence of user accounts, risk states, and trade histories;
• Artificial Intelligence APIs (e.g., Google Gemini): Anonymized market data (OHLCV candles, technical indicators, sentiment metrics) sent for advisory reasoning. NO personal user information (PII) or API keys are ever transmitted to LLM providers;
• Email Delivery (SMTP Providers): Processing delivery of automated operational alerts and billing invoices.

6. Data Retention & Automated Purging

• Active account data and trade histories are retained for the duration of your active subscription to maintain dashboard analytics.
• Upon account deletion or termination, all stored API credentials and encryption keys are permanently purged from our active production databases within forty-eight (48) hours.

7. Your Global Privacy Rights (GDPR & CCPA/CPRA)

Depending on your geographical jurisdiction, you possess the following statutory rights:

• Right to Access & Portability: Request a copy of your stored personal data and trade telemetry in a machine-readable format;
• Right to Rectification: Update or correct inaccurate account details;
• Right to Erasure (“Right to Be Forgotten”): Request the permanent deletion of your account, logs, and stored encrypted API keys;
• Right to Restrict Processing: Limit the processing of your data under specific regulatory conditions;
• Right to Revoke Consent: Instantly revoke API access by deleting your API keys directly from the dashboard or your exchange portal;
• No Sale of Personal Data: We DO NOT sell, rent, monetize, or trade your personal information or trading data to any third-party advertisers or data brokers.

8. Legal Contact Information