Terms and Conditions

Last updated: 5/13/24

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These Terms and Conditions govern your relationship with KTS Trading, LLC (“Company”, “us”, “we”, or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms”), govern your access to and use of the Jarvis Indicator, the https/tradewithJarvis.com website, and the Jarvis Discord Channel (the “Service”).

Please read these Terms carefully before using the Service. Your access to and use of the Service is based on your acceptance of and compliance with these Terms and our Privacy Policy. [Privacy Policy] These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms, in whole or in part, you must not use the Service.

This Service is offered and available to users who are 18 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet this requirement, you must not access or use the Service.

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Subscriptions

The Service is billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of Subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

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Free Trial

We may, in our sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period,

unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

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Fee Changes

We may, in our sole discretion and at any time, modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

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Refunds

Paid Subscription fees are non-refundable. View our Billing, Cancellation, and Refund Policy to learn more.

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Content

Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the website including its legality, reliability, and appropriateness.

Any Content you post related to or via the Service will be considered non-confidential and non-proprietary by Company. By posting Content to the Service, you grant us and our licensees, successors, and assigns the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant the rights to us as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, if we provide you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Service.

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Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

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Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes Infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of info@ktstrading.com and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

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Intellectual Property

The Service and all contents, features, and functionality, including but not limited to all software, text, displays, images, video, graphics, audio, or code and the design, selection, and arrangement thereof are the property of Company, its licensors, its affiliates, or other providers of such material and are protected by copyright, trademarks, database and other intellectual property laws. You may display and copy, download or print portions of the material from the different areas of Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark or other laws.

You must not share, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

(i) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

(ii) You may store files that are automatically cached by your Web browser for display enhancement purposes.

(iii) You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

(iv) If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

(i) Modify copies of any materials from this site.

(ii) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

(iii) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

(iv) Allow others to share or use the Services (the Services are provided on a per-person, individualized basis only).

These Terms do not grant you a license to use any trademark of Company, its licensors, or their affiliates. You further agree not to use, change, or delete any proprietary notices from materials downloaded from the Service. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by Company, its licensors, or their affiliates. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

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Trademarks

Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company, its licensors, or their affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans of this Service are the trademarks of their respective owners.

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Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

· Service is intended for private individual users. Brokers, brokerages, hedge funds, institutions, etc… are not allowed under this license and would need to acquire a different service.

· You may not redistribute or sell service. This service is for personal use and it cannot be white labeled, redistributed, rebroadcasted, used in forums or discords or shared in anyway.

· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

· To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

· To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm us or users of the Service, or expose them to liability.

Additionally, you agree not to:

· Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service.

· Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

· Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

· Use any device, software, or routine that interferes with the proper working of the Service.

· Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

· Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

· Otherwise attempt to interfere with the proper working of the Service.

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Geographic Restrictions

The Company is based in the State of Texas in the United States. We make no claims that the Service or any of its content is accessible, appropriate, or permitted outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws.

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Links To Other Web Sites

The Service may contain links to third-party websites or services that are not owned or controlled by Company.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be

caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

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Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

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Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, THEIR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND THE RESPECTIVE PRINCIPALS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AGENTS, SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING FROM AND AGAINST ANY CLAIMS, LIABILITIES, LOSSES, DAMAGES, LOSSES, OBLIGATIONS, COSTS, JUDGMENTS, AWARDS, ACTIONS, DEMANDS, COSTS OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO: (A) LEGAL AND ACCOUNTING FEES RESULTING FROM YOUR USE OF THE SERVICE; (B) YOUR BREACH OF ANY OF THESE TERMS; (C) ANYTHING YOU POST ON OR UPLOAD TO THE SERVICE; AND (D) ANY ACTIVITY RELATED TO YOUR ACCOUNT. THIS INCLUDES ANY NEGLIGENT OR ILLEGAL CONDUCT BY YOU OR ANY PERSON OR ENTITY ACCESSING THE SERVICE USING YOUR ACCOUNT WHETHER SUCH ACCESS IS OBTAINED VIA FRAUDULENT OR ILLEGAL MEANS.

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Limitation Of Liability

NOTWITHSTANDING ANY PROVISION IN THESE TERMS, THE COMPANY’S SOLE AND MAXIMUM LIABILITY RELATED TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, A BREACH OF THESE TERMS AND CONDITIONS BY COMPANY) IS A REFUND OF YOUR PRIOR SUBSCRIPTION PAYMENTS FOR A MAXIMUM PERIOD OF ONE-YEAR. EXCEPT FOR SUCH REFUND, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, THEIR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, AND INCLUDING WITHOUT LIMITATION, ECONOMIC LOSS, LOSS OR DAMAGE TO ELECTRONIC MEDIA OR DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES,

RESULTING FROM (I) YOUR ACCESS TO OUR USE OF THE SERVICE; (II) YOUR INABILITY TO ACCESS OR USE THE SERVICE; (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE SERVICE; (IV) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE; AND (V) THE UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER CLAIM IN LAW, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

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Disclaimer And Non-Waiver of Rights

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY LICENSOR NOR OTHER PERSON ASSOCIATED WITH THEM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANY LICENSOR, NOR ANYONE ASSOCIATED WITH THEM REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APPLICATIONS, SITE, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY, ITS LICENSORS, AND THEIR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER COMPANY NOR ITS LICENSORS NOR ANY OF THEIR AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

IF YOU BREACH ANY OF THESE TERMS AND WE CHOOSE NOT TO IMMEDIATELY ACT, OR CHOOSE NOT TO ACT AT ALL, WE WILL STILL BE ENTITLED TO ALL RIGHTS AND REMEDIES AT ANY LATER DATE, OR IN ANY OTHER SITUATION, WHERE YOU BREACH THESE TERMS. WE DO NOT WAIVE ANY OF OUR RIGHTS. WE SHALL NOT BE RESPONSIBLE FOR ANY PURPORTED BREACH OF THESE TERMS CAUSED BY CIRCUMSTANCES BEYOND ITS CONTROL. A PERSON WHO IS NOT A PARTY TO THESE TERMS SHALL HAVE NO RIGHTS OF ENFORCEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

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Governing Law and Jurisdiction

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws of Texas without giving effect to any choice or conflict of law provision or rule (whether the State of Texas or any other jurisdiction).

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Arbitration

At our sole discretion, it may require you to submit any disputes arising from these Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

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Waiver and Severability

No waiver by Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect.

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Entire Agreement

These Terms and Conditions, our Privacy Policy, Billing, Cancellation, and Refund Policy constitute the sole and entire agreement between us regarding our Service, and supersede and replace any prior understandings, agreements, representations, and warranties, both oral and written, regarding the Service.

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Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. You are expected to check this page so you are aware of any changes, as they are binding on you. If you do not agree to the new terms, in whole or in part, you must stop using the Service.

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Accessing and Changes to the Service

We reserve the right to withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any

part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

We may update the content on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

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