Terms of Service
Draft — counsel review required
This document is a working draft prepared as a starting point for review by qualified U.S. counsel. It has not been reviewed or approved by an attorney, it is not legal advice, and it is not yet in force. Do not rely on it.
Agreement
These Terms govern your access to and use of the Kernwell Systems website, research, community, software, and educational programs (the "Services"). By using the Services you agree to these Terms. If you do not agree, do not use the Services.
Eligibility
You must be at least 18 years old and able to form a binding contract. The Services are directed at users in the United States. You are responsible for complying with the laws that apply to you.
Accounts
You are responsible for maintaining the confidentiality of your account credentials and for activity under your account. Notify us promptly of any unauthorized use. We may suspend or terminate an account that violates these Terms or our Acceptable Use Policy.
What the Services are
The Services provide education, research, market commentary, and standardized market-analysis software. They do not constitute investment advice, futures or commodity trading advice, a recommendation to enter into any transaction, or an offer to buy or sell any instrument. See the Risk Disclosure.
We do not manage accounts, exercise discretion over customer funds, or provide advice tailored to any individual's circumstances.
Intellectual property
The Services, including research, curriculum, software, and all associated materials, are owned by us or our licensors and are protected by intellectual property laws. You receive a limited, personal, non-transferable, revocable licence to access and use them for your own purposes.
You may not copy, redistribute, resell, publish, sublicense, reverse engineer, or create derivative works from our materials, or share your access with others, except as expressly permitted.
Disclaimers
The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that any information is complete or accurate.
Limitation of liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, trading losses, or lost data, arising out of or relating to the Services.
DRAFT NOTE FOR COUNSEL: the liability cap, indemnity, dispute resolution mechanism (including whether to include arbitration and a class-action waiver), and governing-law and venue provisions are deliberately left for counsel to specify.
Changes
We may modify these Terms. Material changes will be notified and the version and effective date updated. Continued use after a change constitutes acceptance of the revised Terms.
Contact
Questions about these Terms may be sent to the contact address published on our website.