Legal Documents
IKAGI Quantum Systems LLC, a Wyoming limited liability company, publishes the following documents governing your use of all IKAGI services, including the QUMO platform.
This document is published by IKAGI Quantum Systems LLC, a Wyoming limited liability company ("IKAGI," "we," "us," or "our"). It applies to the QUMO platform, the IKAGI website at ikagi.io, all associated newsletters, social media accounts, podcasts, videos, written content, and any other materials or services we publish or distribute (collectively, the "Services").
By accessing, viewing, or using any of the Services, you ("you" or "the User") acknowledge that you have read, understood, and agree to be bound by this Disclaimer. If you do not agree, you must not access or use the Services.
§ 1. No Financial, Investment, Legal, Tax, or Trading Advice
The Services provide research, educational content, analytical tools, mathematical and geometric frameworks, and informational outputs. Nothing provided by the Services constitutes, and nothing should be construed as, investment advice, financial advice, trading advice, legal advice, tax advice, or any other form of professional advice.
The Services are designed as a decision layer: a research and analysis environment that surfaces mathematical, geometric, statistical, and methodological information about financial instruments. The Services do not make decisions for you, do not recommend specific securities, digital assets, commodities, or other instruments for purchase or sale, and do not assess the suitability of any instrument for your particular financial situation, objectives, or risk tolerance.
All analyses, signals, alerts, projections, confluence windows, indicators, scores, brief commentary, methodology documents, and any other outputs of the Services are provided for general informational and educational purposes only. They reflect the application of the IKAGI methodology (including but not limited to the Waves and Particles framework, the KAIROS time confluence engine, Ichimoku analysis, Gann Geometry, Vortex Timing, and any current or future analytical components) to publicly available market data. They are not personalized to your circumstances. They are not solicitations or recommendations to buy, sell, hold, or refrain from buying, selling, or holding any financial instrument.
You retain full and sole responsibility for all trading, investment, and financial decisions you make. The Services may inform your thinking. The Services do not replace it.
§ 2. IKAGI Is Not a Registered Investment Adviser or Broker-Dealer
IKAGI Quantum Systems LLC is not registered with the United States Securities and Exchange Commission ("SEC") as an investment adviser under the Investment Advisers Act of 1940. IKAGI is not registered with the SEC as a broker-dealer or with the Financial Industry Regulatory Authority ("FINRA") as a member firm. IKAGI is not registered with the United States Commodity Futures Trading Commission ("CFTC") as a commodity trading advisor, commodity pool operator, futures commission merchant, or in any other capacity. IKAGI is not registered with the United States Financial Crimes Enforcement Network ("FinCEN") as a money services business.
IKAGI does not provide personalized investment recommendations, manage client funds, hold client assets, execute trades on behalf of clients, or provide any service that would require registration under the laws of the United States or any other jurisdiction.
For users outside the United States: IKAGI is similarly not authorized, licensed, or regulated by the Financial Conduct Authority (United Kingdom), the European Securities and Markets Authority, any national competent authority within the European Union, the Australian Securities and Investments Commission, the Monetary Authority of Singapore, the Securities and Futures Commission of Hong Kong, or any other financial regulatory body in any jurisdiction worldwide.
If you require personalized investment, financial, legal, or tax advice, you must consult a licensed and regulated professional in your jurisdiction of residence. The Services are not a substitute for professional advice and should not be used as such.
§ 3. The IKAGI Methodology Is Research, Not a System for Generating Returns
The IKAGI methodology, including but not limited to the Waves and Particles framework ("WP"), Mathematical Cycle Theory, Time-Price Geometry, the Universal Constants doctrine, the KAIROS time confluence engine, the Gann Forecaster, Ichimoku regime analysis, candlestick cells, watchlist scoring, and any other proprietary or non-proprietary components, is a body of analytical research and methodology developed for educational and informational purposes.
The methodology does not guarantee, project, promise, or imply any specific financial result, return, profit, or outcome. Past performance of any analytical framework, signal, cell, or methodology component is not indicative of future results. Hypothetical or backtested performance figures, where presented, are illustrative only. They reflect the application of a methodology to historical data and do not represent actual trades or actual investor experience. Backtested results are subject to numerous limitations, including hindsight bias, survivorship bias, look-ahead bias, the absence of real-time execution friction, slippage, and other factors that affect live trading outcomes.
The methodology draws on historical analytical traditions including the work of W.D. Gann (1878-1955), Goichi Hosoda (Ichimoku Kinkō Hyō), and other practitioners whose frameworks predate modern regulatory standards for empirical validation. The frameworks are presented as research lineage, not as scientifically validated predictive systems.
You acknowledge that no analytical framework, mathematical model, geometric tool, indicator, or methodology, whether developed by IKAGI or by anyone else, can predict future market movements with certainty. Markets are influenced by countless factors including economic conditions, geopolitical events, regulatory changes, technological developments, market participant behavior, and random or unforeseeable events. No analytical method removes the fundamental uncertainty of financial markets.
§ 4. All Trading Involves Risk, Including Risk of Total Loss
Trading and investing in financial instruments, including but not limited to cryptocurrencies, digital assets, tokenized securities, equities, commodities, futures, options, foreign exchange instruments, and any other asset class, involves substantial risk of loss, up to and including the loss of all funds committed.
You should not trade or invest with funds you cannot afford to lose. You should understand that:
- You may lose some or all of the money you invest. Returns are not guaranteed and losses can exceed the amounts you initially commit, particularly when using leverage, margin, derivatives, or other amplifying instruments.
- Volatility in cryptocurrency markets is extreme. Digital assets can lose 50% or more of their value in a single day. They can also become worthless. Many digital assets have failed entirely and their holders have recovered nothing.
- Liquidity can disappear without warning. Markets that appear liquid can become illiquid in moments of stress, making it impossible to exit positions at expected prices.
- Exchange risk exists. Centralized exchanges where you may execute trades can fail, freeze withdrawals, be hacked, be subjected to regulatory action, or otherwise prevent you from accessing your funds.
- Custody risk exists. Self-custody of digital assets carries the risk of permanent loss through forgotten passwords, lost private keys, hardware failures, theft, or operator error. There is typically no recovery mechanism.
- Regulatory risk exists. The legal status of cryptocurrencies and other digital assets is uncertain in many jurisdictions and changing rapidly. Regulations may restrict your ability to hold, transfer, or transact in certain assets, and may do so retroactively.
- Smart contract and protocol risk exists. Decentralized financial protocols can contain bugs, be exploited, or fail in ways that result in permanent loss of user funds.
- Tax obligations exist. Trading activity may create tax liabilities in your jurisdiction. You are solely responsible for determining and meeting those obligations.
You acknowledge that these risks are inherent to financial markets, that no analysis or methodology offered by IKAGI can eliminate them, and that you are solely responsible for assessing whether trading and investing are appropriate for your circumstances.
§ 5. The Decision Layer Framing Is Intentional
A core principle of the IKAGI philosophy is that the Services are a decision layer, not a signal app. This framing is not marketing language. It is operational reality.
The Services may surface dates, price levels, confluence windows, regime classifications, geometric projections, or other analytical outputs. They do not tell you what to do. They present information you may choose to consider when forming your own analysis and making your own decisions.
This principle has the following specific consequences you acknowledge and accept:
- IKAGI does not issue buy or sell signals. Any output that resembles a "signal" is informational and reflects the application of a methodology to market data. It is not a recommendation.
- IKAGI does not set entry prices, exit prices, stop losses, position sizes, or risk parameters for you. Where such values appear in analytical outputs (such as cell-level backtesting parameters), they describe the methodology's historical configuration and are not directions to you.
- IKAGI does not assess your financial situation, investment objectives, time horizon, risk tolerance, tax position, or any other personal factor relevant to suitability. The Services are provided to all subscribers identically.
- IKAGI's principal, employees, contractors, and affiliates may hold positions in instruments discussed in the Services. They may buy or sell those positions at any time, with or without notice, and may take positions inconsistent with information published in the Services. Their personal trading is not disclosed and should not be assumed to reflect any opinion on the merits of any instrument.
You retain full decision-making authority, full responsibility for your trades, and full responsibility for the outcomes of your trades.
§ 6. The Brief, Newsletter, Social Media, and Other Commentary
Daily Brief content, newsletter content, X/Twitter posts, Discord posts, video content, podcast appearances, and any other commentary published by IKAGI, its principal, or its representatives is personal opinion and market commentary for informational purposes only. Such content is not investment advice, is not personalized to any reader, and does not consider any reader's specific financial situation.
Commentary may include observations about specific instruments, market regimes, technical setups, macroeconomic conditions, or other topics. Nothing in such commentary should be interpreted as a recommendation to buy, sell, hold, or refrain from buying, selling, or holding any instrument. The commentary reflects views that may change without notice, and IKAGI is under no obligation to update prior commentary.
Where commentary refers to specific instruments, the principal of IKAGI or its representatives may hold positions in those instruments, may have held positions previously, or may take positions in the future. No such positions are required to be disclosed and the absence of disclosure should not be interpreted as the absence of a position.
§ 7. IKAGI Bespoke
The IKAGI Bespoke service provides written portfolio review and framework analysis on a 1-to-1 basis for qualified subscribers. IKAGI Bespoke is not investment advisory service as that term is defined under the Investment Advisers Act of 1940 or any equivalent foreign regulation.
Bespoke is a peer-to-peer methodology dialogue between the IKAGI principal and an individual practitioner. The principal applies the IKAGI methodology to instruments the practitioner already holds or is considering, identifies framework-level observations, and surfaces structural risk that may not be obvious. The principal does not:
- Recommend specific trades
- Tell the practitioner what positions to take or close
- Manage the practitioner's account or assets
- Provide personalized investment advice within the meaning of any applicable regulation
- Guarantee any outcome, return, or performance result
A separate written engagement letter governs the Bespoke relationship and contains additional terms, including specific disclaimers, scope of work, confidentiality, intellectual property, and the requirement that the practitioner is responsible for all decisions affecting their portfolio. No analysis delivered through Bespoke is a substitute for professional investment, financial, legal, or tax advice from a licensed provider.
By engaging IKAGI Bespoke, the practitioner explicitly acknowledges and accepts the framing above. This Disclaimer applies to the Bespoke relationship in addition to the engagement letter, and where there is overlap, the more restrictive provision applies.
§ 8. No Warranty; Services Provided "As Is"
The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, IKAGI disclaims all warranties, including but not limited to:
- Warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the Services will be uninterrupted, error-free, virus-free, or accurate
- Warranties regarding the accuracy, reliability, completeness, currency, or usefulness of any content, data, or output
- Warranties that any methodology, signal, indicator, projection, confluence flag, or analytical output will produce any particular result
- Warranties regarding third-party data sources (including but not limited to Bybit, CoinGecko, CryptoPanic, LunarCrush, Telegram, and any other data provider whose information may flow through the Services)
Market data displayed in the Services may be delayed, inaccurate, or interrupted. IKAGI is not responsible for errors in third-party data or for the consequences of such errors.
Service availability is not guaranteed. IKAGI may modify, suspend, or terminate any feature of the Services at any time without notice.
§ 9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall IKAGI Quantum Systems LLC, its members, managers, officers, employees, contractors, affiliates, agents, representatives, or licensors (collectively, the "IKAGI Parties") be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost trading opportunities, lost data, loss of goodwill, or any other intangible losses, arising from or related to your use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not the IKAGI Parties have been advised of the possibility of such damages.
The total aggregate liability of the IKAGI Parties to you for all claims arising from or related to the Services, regardless of the form of action, shall not exceed the total amount of fees paid by you to IKAGI in the twelve (12) months immediately preceding the event giving rise to the claim, or one hundred United States dollars (USD $100), whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, the IKAGI Parties' liability is limited to the maximum extent permitted by applicable law.
You acknowledge that the limitations of liability in this Section 9 are a fundamental element of the bargain between you and IKAGI, that IKAGI would not provide the Services without these limitations, and that the fees charged for the Services reflect the allocation of risk these limitations create.
§ 10. Indemnification
You agree to indemnify, defend, and hold harmless the IKAGI Parties from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the Services
- Your violation of this Disclaimer, the IKAGI Terms of Service, or any applicable law
- Your trading or investment decisions, including all losses, tax liabilities, and other financial consequences thereof
- Any claim by a third party arising from your conduct in connection with the Services
This indemnification obligation survives termination of your access to the Services.
§ 11. Jurisdictional Notices
For Users in the United States: The Services are not registered with the SEC, FINRA, CFTC, or any state securities regulator. The Services are not a substitute for advice from a registered investment adviser, broker-dealer, certified financial planner, certified public accountant, or attorney. If you are a "U.S. Person" as defined under applicable federal regulations and require professional advice, you must consult a licensed professional.
For Users in the European Union and European Economic Area: The Services do not constitute investment advice, investment research, or financial analysis within the meaning of Directive 2014/65/EU (MiFID II) or its implementing regulations. IKAGI is not authorized to provide investment services within the EU/EEA.
For Users in the United Kingdom: The Services are not a financial promotion within the meaning of Section 21 of the Financial Services and Markets Act 2000 and have not been approved by an authorized person. If you are in the United Kingdom and require regulated financial services, you must use a firm authorized by the Financial Conduct Authority.
For Users in Other Jurisdictions: You are responsible for determining whether your use of the Services complies with the laws and regulations of your jurisdiction. IKAGI makes no representation that the Services are appropriate, lawful, or available for use in any specific jurisdiction. Access to the Services from jurisdictions where any aspect of the Services is unlawful is prohibited.
Restricted Persons: IKAGI does not knowingly provide Services to persons resident in jurisdictions subject to comprehensive United States economic sanctions, including but not limited to Cuba, Iran, North Korea, Syria, the Crimea region, and the so-called Donetsk and Luhansk People's Republics. IKAGI also does not knowingly provide Services to persons on the Specially Designated Nationals list maintained by the U.S. Treasury Department's Office of Foreign Assets Control.
§ 12. Cryptocurrency-Specific Risks
In addition to the general risks identified in Section 4, you acknowledge the following risks specific to cryptocurrency and digital asset markets:
Regulatory uncertainty. The regulatory status of cryptocurrencies, decentralized finance protocols, non-fungible tokens, and other digital assets is rapidly evolving in nearly every jurisdiction. Regulatory actions can severely impact value, availability, and your ability to transact.
Forks and protocol changes. Cryptocurrencies can fork, change consensus mechanisms, or undergo other protocol-level changes that affect the value of holdings and the function of associated services. Such changes may occur with little or no notice.
Wallet and key management. You are solely responsible for the security of any wallets, private keys, seed phrases, or other access credentials. Loss of access credentials typically results in permanent loss of the associated assets with no recovery mechanism.
Smart contract risk. Decentralized protocols rely on smart contracts that may contain bugs, be subject to economic exploits, or fail in unexpected ways. Audits do not eliminate this risk.
Market manipulation. Cryptocurrency markets are subject to manipulation, including wash trading, spoofing, pump-and-dump schemes, and concentrated holdings ("whales") capable of moving prices materially. Such manipulation can affect any analytical methodology, including those used by IKAGI, in unpredictable ways.
Custody and exchange risk. Centralized exchanges, custodial wallets, and other intermediaries can fail, freeze withdrawals, be hacked, lose customer funds, or be subjected to legal action that affects your access. Several major exchanges and custodians have failed in recent years, resulting in total or partial losses for users.
Tokenized equities and synthetic instruments. Tokenized representations of traditional equities or other instruments (such as those traded on Bybit Spot and referenced in the QUMO xStocks product) carry additional risks including issuer credit risk, redemption mechanism risk, regulatory classification risk, and tracking error from the underlying asset.
You acknowledge that the IKAGI methodology, including KAIROS and all analytical components, has not been validated against the full range of risks described above and that historical analytical performance does not protect against any of these risks.
§ 13. Intellectual Property
The IKAGI methodology, including but not limited to the Waves and Particles framework, the KAIROS time confluence engine, the Vortex Timing layer, all proprietary cell logic, all written materials, all software, all branding, all visualizations, and all derivative works, is the exclusive intellectual property of IKAGI IP HOLDINGS, LLC, and is protected under United States and international copyright, trademark, and trade secret law.
You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial research and trading decision-making. You may not:
- Reproduce, redistribute, sublicense, sell, or otherwise commercialize any aspect of the Services
- Reverse engineer, decompile, or attempt to extract source code, algorithms, or proprietary logic
- Use the Services to train any artificial intelligence model, machine learning system, or similar technology
- Remove, alter, or obscure any proprietary notices on the Services
- Build a competing service using any aspect of the IKAGI methodology
Violation of these intellectual property terms may result in immediate termination of your access and may give rise to claims for damages and injunctive relief.
§ 14. Governing Law and Dispute Resolution
This Disclaimer is governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of laws principles.
Any dispute arising from or related to this Disclaimer, the Services, or your relationship with IKAGI shall be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in effect at the time the arbitration is commenced. The seat of arbitration shall be Cheyenne, Wyoming. The arbitration shall be conducted in English. The arbitrator's award shall be final and enforceable in any court of competent jurisdiction.
You waive the right to participate in class actions, class arbitrations, and representative actions. All disputes must be brought individually.
Notwithstanding the above, IKAGI may seek injunctive relief in any court of competent jurisdiction to prevent unauthorized use of its intellectual property or violations of the confidentiality provisions of any agreement with you.
The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision.
§ 15. Severability
If any provision of this Disclaimer is found to be unenforceable or invalid by a court of competent jurisdiction or arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from this Disclaimer. The remaining provisions shall remain in full force and effect.
§ 16. Changes to This Disclaimer
IKAGI may modify this Disclaimer at any time by posting a revised version on the IKAGI website with an updated "Last Updated" date. Material changes will be communicated to subscribers via email or through the Services. Your continued use of the Services after the effective date of any revision constitutes your acceptance of the revised Disclaimer.
§ 17. Entire Agreement; Relationship to Other Documents
This Disclaimer, together with the IKAGI Terms of Service and the IKAGI Privacy Policy (each available at ikagi.io/legal), and for Bespoke subscribers the applicable Bespoke Engagement Letter, constitutes the entire agreement between you and IKAGI regarding the subject matter of these documents and supersedes any prior agreement or understanding.
In the event of a conflict between this Disclaimer and the Terms of Service, the more restrictive provision shall control.
§ 18. Acknowledgment
By accessing, viewing, or using any of the Services, you acknowledge that you have read this Disclaimer in its entirety, that you understand it, and that you accept it as a condition of your use of the Services. You further acknowledge that you have had the opportunity to seek independent legal advice regarding this Disclaimer and the consequences of accepting it, and that you accept it knowingly and voluntarily.
IF YOU DO NOT AGREE TO ANY PART OF THIS DISCLAIMER, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.
Contact
For questions about this Disclaimer, contact:
IKAGI Quantum Systems LLC
Email: info@theikagisystem.com
Website: ikagi.io
This Privacy Policy describes how IKAGI Quantum Systems LLC, a Wyoming limited liability company ("IKAGI," "we," "us," or "our"), collects, uses, shares, and protects personal information in connection with the QUMO platform, the IKAGI Bespoke service, the IKAGI website at ikagi.io, and any other product, service, or communication offered by IKAGI (collectively, the "Services").
By accessing or using the Services, you ("you," "your," or "the User") acknowledge that you have read and understood this Privacy Policy and that you consent to the collection, use, and disclosure of your personal information as described herein. If you do not agree with this Privacy Policy, you must not access or use the Services.
This Privacy Policy applies in conjunction with the IKAGI Terms of Service and the IKAGI Disclaimer, each available at ikagi.io/legal.
§ 1. Scope
This Privacy Policy applies to personal information collected through the Services. It does not apply to:
- Information collected by third-party services even when accessed through links from the Services (such third parties are subject to their own privacy policies, which we encourage you to review)
- Information you choose to disclose publicly on social media platforms where IKAGI has a presence
- Information collected by your internet service provider, your operating system, or your device manufacturer
§ 2. Information We Collect
We collect personal information in three primary categories: (a) information you provide to us directly, (b) information we collect automatically when you use the Services, and (c) information we receive from third parties.
2.1 Information You Provide Directly
Account information when you create an account, including:
- Full name
- Email address
- Password (stored only as a cryptographic hash, never in plain text)
- Telegram username (if you choose to link Telegram for alerts)
Payment information when you subscribe, including:
- Billing name and address
- Payment method (credit card, debit card, or other payment method)
- Transaction history and invoices
Payment card data is processed directly by our payment processor (Stripe) and is not stored on IKAGI servers. IKAGI receives only a transaction reference, a tokenized identifier, and basic non-sensitive metadata such as the last four digits of the card number, card brand, and expiration date.
Support and communications information when you contact us, including:
- The contents of your messages, emails, or chat communications
- Any attachments you send
- Information you provide in feedback forms, surveys, or testimonials
2.2 Information Collected Automatically
When you access the Services we automatically collect certain technical and usage information, including:
- Device information: device type, operating system, browser type and version, screen resolution, language settings
- Network information: IP address (which may reveal approximate geographic location), internet service provider, connection type
- Usage information: pages visited, features used, time spent on different pages, click patterns, frequency of access, session duration
- Performance information: error logs, crash reports, latency measurements
- Cookies and similar technologies: see Section 6 below for details
This information is collected through cookies, browser local storage, server logs, and similar technologies operated by IKAGI or our third-party infrastructure providers.
2.3 Information From Third Parties
We may receive information about you from:
- Payment processors (such as Stripe) confirming transactions and reporting payment status
- Authentication providers if you choose to sign in using a third-party account (where supported)
- Telegram confirming that messages have been delivered (we do not access your Telegram contacts, conversations, or other data)
- Marketing partners if you arrived at the Services through a referral or affiliate link
- Public sources such as company directories, professional networking sites, or news media, where relevant to Bespoke evaluation
We do not purchase consumer data from data brokers.
§ 3. How We Use Your Information
We use personal information for the following purposes:
3.1 To Provide the Services
- Create and maintain your account
- Authenticate your identity when you sign in
- Process payments and manage subscriptions
- Deliver the analytical tools, signals, alerts, briefings, and other features included in your subscription
- Send Telegram and email alerts you have opted into
- Provide customer support and respond to your inquiries
- Personalize the Services to your usage patterns (for example, remembering which tools you use most)
3.2 To Operate and Improve the Services
- Monitor usage patterns to identify bugs, performance issues, and abuse
- Analyze feature engagement to inform product development
- Conduct A/B tests, surveys, and research (always with the option to opt out where applicable)
- Train internal models for analytical components of the Services. We do not train external AI/ML systems or share data with third-party AI providers for training purposes.
3.3 To Communicate With You
- Send transactional emails (account notifications, billing receipts, password resets, security alerts)
- Send service-related communications (changes to the Services, new feature announcements, scheduled maintenance, policy updates)
- Send marketing communications (newsletters, promotional offers, educational content). You may opt out of marketing communications at any time without affecting transactional communications.
3.4 To Comply With Legal Obligations
- Verify eligibility under Section 2 of the Terms of Service
- Comply with applicable tax, accounting, anti-money-laundering, and sanctions screening obligations
- Respond to lawful requests from government authorities
- Detect, prevent, and address fraud, security incidents, and other illegal activity
- Enforce our Terms of Service and protect our legal rights
3.5 To Protect You and Others
- Detect and prevent unauthorized access to accounts
- Identify and address abuse, harassment, and other prohibited conduct
- Maintain the security and integrity of the Services
§ 4. Legal Basis for Processing (GDPR)
If you are located in the European Economic Area, the United Kingdom, or Switzerland, we process your personal information under the following legal bases set out in the General Data Protection Regulation (GDPR) and equivalent UK and Swiss law:
| Processing activity | Legal basis |
|---|---|
| Providing the Services under your subscription | Performance of a contract (GDPR Art. 6(1)(b)) |
| Processing payments | Performance of a contract (GDPR Art. 6(1)(b)) |
| Sending transactional communications | Performance of a contract (GDPR Art. 6(1)(b)) |
| Sending marketing communications | Consent (GDPR Art. 6(1)(a)) or legitimate interest (GDPR Art. 6(1)(f)) |
| Operating and improving the Services | Legitimate interest in maintaining and improving our offering (GDPR Art. 6(1)(f)) |
| Fraud prevention and security | Legitimate interest in protecting our users and our business (GDPR Art. 6(1)(f)) |
| Legal compliance (tax, AML, sanctions) | Legal obligation (GDPR Art. 6(1)(c)) |
| Bespoke service confidential information | Performance of a contract (GDPR Art. 6(1)(b)) |
Where we rely on consent, you have the right to withdraw consent at any time without affecting the lawfulness of processing carried out before withdrawal.
Where we rely on legitimate interest, you have the right to object to processing. We will assess your objection and either stop the processing or explain the overriding legitimate grounds for continuing.
§ 5. How We Share Your Information
We share personal information only as described in this Section 5. We do not sell your personal information.
5.1 Legal and Safety Disclosures
We may disclose personal information to law enforcement, government authorities, regulators, or other third parties when we believe in good faith that disclosure is:
- Required by law, court order, subpoena, or other legal process
- Necessary to comply with applicable regulations including tax, securities, anti-money-laundering, and sanctions requirements
- Necessary to enforce our Terms of Service or protect our legal rights
- Necessary to prevent fraud, security incidents, or harm to IKAGI, our users, or any other person
Where legally permitted, we will notify you before disclosing your personal information in response to legal process.
5.2 Business Transfers
In the event of a merger, acquisition, sale of assets, financing, bankruptcy, or similar transaction affecting IKAGI, personal information may be transferred to the acquiring or successor entity as part of the transaction. We will notify affected users of any such transfer and any material changes to the handling of their personal information.
5.3 With Your Consent
We may share personal information for purposes not described in this Privacy Policy if you specifically consent to such sharing.
5.4 Aggregated and De-Identified Information
We may share aggregated or de-identified information that cannot reasonably be used to identify you. Such information is not subject to this Privacy Policy.
§ 6. Cookies and Similar Technologies
The Services use cookies, browser local storage, and similar technologies to operate, secure, and improve the user experience.
6.1 Types of Cookies We Use
Essential cookies are necessary for the Services to function. They enable core features such as authentication, session management, and security. You cannot opt out of essential cookies without losing the ability to use the Services.
Functional cookies remember your preferences and settings to personalize the experience. Examples: language preference, dashboard layout, alert preferences.
Analytics cookies help us understand how the Services are used, identify performance issues, and improve features. We use privacy-preserving analytics tools configured for privacy-preserving collection (no cross-site tracking, no behavioral profiles for advertising).
No advertising cookies. We do not serve advertisements on the Services and do not use cookies for advertising purposes.
6.2 Managing Cookies
Most browsers allow you to control cookies through their settings. You can typically configure your browser to block all cookies, accept only essential cookies, or notify you before a cookie is set. Blocking essential cookies will impair Services functionality.
If you are in a jurisdiction that requires explicit consent for non-essential cookies (such as the EU under the ePrivacy Directive), the Services will present a cookie consent banner the first time you visit.
§ 7. Data Retention
We retain personal information only as long as necessary for the purposes described in this Privacy Policy, including legal, accounting, and regulatory requirements. Specifically:
| Information category | Retention period |
|---|---|
| Account information | Duration of your active account, plus 90 days after cancellation |
| Payment records | 7 years (US tax and accounting requirements) |
| Transactional emails | 2 years |
| Marketing communications history | Until you opt out, plus 30 days |
| Server logs (including IP addresses) | 90 days for general logs, up to 12 months for security-relevant logs |
| Bespoke engagement records | 7 years following end of engagement (consistent with professional service retention norms) |
| Support and customer service communications | 2 years |
| Cookies | Per the lifespan set by the cookie (typically 1-24 months for non-essential cookies) |
When retention periods expire, we delete personal information or de-identify it in a manner that cannot reasonably be reversed. In some cases we may retain information longer if required by law, necessary for legal claims, or for legitimate business purposes (such as fraud prevention records).
§ 8. International Data Transfers
IKAGI is based in the United States. Our service providers may operate in the United States, the European Union, Canada, the United Kingdom, and other jurisdictions. When you use the Services your personal information may be transferred to and processed in countries other than your country of residence, including countries that may not have data protection laws considered equivalent to those of your country.
For transfers from the European Economic Area, the United Kingdom, or Switzerland to the United States or other third countries, we rely on appropriate safeguards including:
- Standard Contractual Clauses approved by the European Commission (and equivalent UK and Swiss documents) with our Processors
- Adequacy decisions where applicable
- Your explicit consent in specific cases
A copy of the safeguards we apply is available on request.
§ 9. Your Rights
Subject to applicable law, you have the following rights with respect to your personal information.
9.1 Rights Available to All Users
- Access: Request a copy of the personal information we hold about you
- Correction: Request correction of inaccurate or incomplete information
- Deletion: Request deletion of your personal information (subject to retention requirements in Section 7)
- Opt out of marketing: Unsubscribe from marketing communications at any time. Transactional emails (billing, security, service announcements) cannot be opted out of while your account is active.
- Account closure: Close your account at any time. Account closure is described in the Terms of Service.
9.2 Additional Rights for EEA, UK, and Swiss Users (GDPR / UK GDPR / Swiss FADP)
In addition to the rights above, you have the right to:
- Restrict processing in certain circumstances (e.g., while we verify a correction request)
- Object to processing based on legitimate interest, including direct marketing
- Data portability: receive a copy of your personal information in a structured, commonly used, machine-readable format
- Withdraw consent where processing is based on consent
- Lodge a complaint with your national supervisory authority. A list of EU data protection authorities is available at edpb.europa.eu.
9.3 Additional Rights for California Users (CCPA / CPRA)
If you are a California resident, you have the following rights under the California Consumer Privacy Act and California Privacy Rights Act:
- Right to know: request disclosure of the categories and specific pieces of personal information we have collected about you, the sources, the purposes for collection, and the third parties with whom we share it
- Right to delete: request deletion of personal information we have collected (subject to legal exceptions)
- Right to correct: request correction of inaccurate personal information
- Right to opt out of sale or sharing: We do not sell personal information and we do not share personal information for cross-context behavioral advertising. There is no opt-out required because no such sale or sharing occurs.
- Right to limit use of sensitive personal information: We do not use sensitive personal information (as defined under CPRA) for any purpose beyond providing the Services and for security/fraud prevention.
- Right to non-discrimination: We will not deny services, charge different prices, or provide different quality based on your exercise of these rights.
- Right to designate an authorized agent to make requests on your behalf.
9.4 How to Exercise Your Rights
To exercise any of these rights, contact info@theikagisystem.com from the email address associated with your account. Include:
- Your full name
- The email address on your account
- A clear description of the right you wish to exercise
- Any specific information necessary to identify the records in question
We will respond to verifiable requests within thirty (30) days, or as required by applicable law. We may request additional information to verify your identity before processing sensitive requests. There is no fee for exercising these rights unless your request is manifestly unfounded or excessive, in which case we may charge a reasonable fee or refuse the request.
§ 10. Security
We implement administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, alteration, disclosure, or destruction. Measures include:
- Encryption of data in transit using industry-standard protocols (TLS)
- Encryption of sensitive data at rest
- Access controls limiting personal information access to authorized personnel
- Regular review of security practices
- Use of reputable infrastructure providers (Supabase, Vercel, Railway, Stripe) with their own enterprise-grade security
- Multi-factor authentication available on subscriber accounts (where supported)
No security measure is absolute. Despite our efforts, we cannot guarantee that personal information will never be accessed by unauthorized parties. You acknowledge this inherent risk in providing personal information online.
If we discover a data breach that affects your personal information, we will notify you and the relevant authorities as required by applicable law.
§ 11. Children's Privacy
The Services are not intended for and not directed to individuals under the age of eighteen (18) years, or the age of legal majority in your jurisdiction, whichever is higher. We do not knowingly collect personal information from children. If you become aware that a child has provided personal information to IKAGI, please contact info@theikagisystem.com and we will take steps to delete the information.
§ 12. Do Not Track
Some browsers offer a "Do Not Track" setting that signals websites not to track the user's online activity. There is no industry consensus on how to respond to Do Not Track signals. The Services do not currently respond to Do Not Track signals, but the Services do not engage in cross-site tracking and do not facilitate behavioral advertising regardless of Do Not Track configuration.
§ 13. Third-Party Links
The Services may contain links to third-party websites and services. We are not responsible for the privacy practices of third parties. We encourage you to review the privacy policies of any third party before providing personal information.
§ 14. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. Material changes will be communicated via:
- Email to the address associated with your account, if you have one
- Prominent notice on the Services
- Update of the "Last Updated" date at the top of this document
Your continued use of the Services after the effective date of a change constitutes acceptance of the revised Privacy Policy. If you do not agree with the revised Privacy Policy, you must discontinue use of the Services.
For material changes that affect how we process personal information of EEA, UK, or Swiss users in ways that require renewed legal basis (such as new processing purposes based on consent), we will obtain renewed consent where required.
§ 15. Data Protection Officer and Representatives
IKAGI does not currently appoint a designated Data Protection Officer ("DPO") because our processing activities do not meet the GDPR threshold requiring one. If our processing scope changes to require a DPO, we will update this Privacy Policy and publish the DPO's contact information.
For EEA residents, IKAGI does not currently appoint an EU representative under GDPR Article 27. If our processing scale changes to require such appointment, we will update this Privacy Policy.
For UK residents, IKAGI does not currently appoint a UK representative under UK GDPR Article 27.
These positions are reviewed periodically. Subscribers will be notified of any change.
§ 16. Specific Disclosures for Bespoke Subscribers
If you engage IKAGI Bespoke, the following additional terms apply to your personal information:
- All information you share in the course of the engagement (portfolio composition, position sizes, strategy, financial context, personal circumstances) is treated as confidential.
- Access is limited to the IKAGI principal and the minimum personnel directly supporting the engagement.
- We do not share Bespoke information with any third party except as required by law or with your explicit consent.
- We do not use Bespoke information for any purpose beyond delivering the engagement, including for marketing or product development of features that could expose the information.
- Bespoke records are retained for seven (7) years following the end of the engagement, consistent with professional service retention norms.
If you have specific privacy or confidentiality concerns about a Bespoke engagement, please raise them with the IKAGI principal at the start of the engagement so we can confirm any additional safeguards in writing.
§ 17. Contact Us
For questions, requests, or complaints about this Privacy Policy or our handling of personal information, contact:
IKAGI Quantum Systems LLC
Email: info@theikagisystem.com
Website: ikagi.io
We aim to respond to privacy inquiries within five (5) business days for general questions and within thirty (30) days for formal rights requests.
§ 18. Acknowledgment
By accessing, using, or subscribing to the Services, you acknowledge that you have read this Privacy Policy in its entirety, that you understand it, and that you consent to the collection, use, and disclosure of your personal information as described herein.
Back to top ↑These Terms of Service ("Terms") are a binding legal agreement between you ("you," "your," or "the User") and IKAGI Quantum Systems LLC, a Wyoming limited liability company ("IKAGI," "we," "us," or "our"). The Terms govern your access to and use of the QUMO platform, the IKAGI Bespoke service, the IKAGI website at ikagi.io, the IKAGI Methodology and all associated content, applications, software, APIs, newsletters, communications, and any other product or service offered by IKAGI (collectively, the "Services").
By creating an account, accessing the Services, or otherwise using any part of the Services, you agree to be bound by these Terms. If you do not agree, you must not access or use the Services.
These Terms incorporate by reference the IKAGI Disclaimer (the "Disclaimer") and the IKAGI Privacy Policy (the "Privacy Policy"), each available at ikagi.io/legal. By accepting these Terms, you also accept the Disclaimer and Privacy Policy.
§ 1. Acceptance and Modification of Terms
By using the Services you confirm that you have read, understood, and agreed to these Terms in their entirety. If you are using the Services on behalf of an entity, you represent that you have authority to bind that entity, and "you" refers to both you personally and the entity.
IKAGI may modify these Terms at any time by posting a revised version of the Terms on ikagi.io with an updated "Last Updated" date. Material changes will be communicated to active subscribers by email or in-app notification. Your continued use of the Services after the effective date of a revision constitutes your acceptance of the revised Terms. If you do not agree to a revised version, your sole remedy is to discontinue use of the Services and cancel your subscription.
§ 2. Eligibility
To access or use the Services you must:
- Be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is higher
- Have the legal capacity to enter into a binding contract under the laws of your jurisdiction
- Not be barred from receiving the Services under the laws of the United States, the laws of your jurisdiction of residence, or any other applicable law
- Not be located in, ordinarily resident in, or organized under the laws of any jurisdiction subject to comprehensive United States economic sanctions, including but not limited to Cuba, Iran, North Korea, Syria, the Crimea region, and the so-called Donetsk and Luhansk People's Republics
- Not be a person on the Specially Designated Nationals list maintained by the U.S. Treasury Department's Office of Foreign Assets Control or any equivalent list maintained by any other government
- Not be a "U.S. Person" for whom the use of the Services would require IKAGI to register as an investment adviser, broker-dealer, commodity trading advisor, or any other regulated entity under U.S. federal or state law
You represent and warrant that the above eligibility statements are true and remain true throughout your use of the Services. If any becomes untrue you must immediately discontinue use and notify IKAGI.
§ 3. Account Registration and Security
To access most features of the Services you must create an account. When creating an account you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your information to keep it accurate
- Maintain the security and confidentiality of your account credentials
- Notify IKAGI immediately of any unauthorized use of your account or any other breach of security
- Accept responsibility for all activities that occur under your account
You may not share your account credentials with any other person. Each account is for the use of a single individual. Concurrent logins from multiple devices in different geographic locations may result in account suspension pending verification.
IKAGI reserves the right to refuse, suspend, or terminate any account at our sole discretion, including (without limitation) accounts that violate these Terms, accounts associated with chargebacks or payment fraud, accounts that engage in abuse of the Services, and accounts that show indicators of credential sharing.
You are responsible for any losses, damages, or claims arising from unauthorized use of your account. IKAGI is not liable for any loss or damage arising from your failure to comply with the security obligations in this Section 3.
§ 4. Subscription Plans and Pricing
IKAGI offers the Services under multiple subscription tiers. As of the Effective Date, the tiers are:
QUMO Standard: USD $79 per month, billed monthly. Provides full access to the QUMO platform including all current and future analytical tools, the Daily Brief, the Watchlist, the Gann Forecaster, the KAIROS time confluence engine, and all other features that IKAGI from time to time includes in the standard tier. Subscription auto-renews monthly unless cancelled.
IKAGI reserves the right to introduce new tiers, modify existing tiers, change pricing, and offer promotional pricing at any time. Pricing changes will not affect the current billing cycle of an active subscription. Changes to renewal pricing will be communicated to subscribers at least thirty (30) days before the change takes effect.
All prices are in United States Dollars (USD) unless explicitly stated otherwise. Prices do not include applicable taxes. You are responsible for all taxes, levies, and duties imposed by any taxing authority in connection with your subscription, including value-added tax, goods and services tax, and similar charges. IKAGI may add applicable taxes to your invoice as required by law.
§ 5. Payment, Billing, and Auto-Renewal
Payments for the Services are processed by Stripe, Inc. ("Stripe") and any successor or alternate payment processor IKAGI may use. By providing payment information you authorize IKAGI and its payment processor to charge that payment method for all fees due, including recurring subscription fees, applicable taxes, and any other charges associated with your account.
Auto-renewal: Monthly and annual subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date. By subscribing you authorize recurring charges to your payment method until you cancel.
Failed payments: If a payment fails, IKAGI may retry the charge over a reasonable period. If payment cannot be collected after retries, IKAGI may suspend or terminate your access to the Services without notice. Restoration of access following a failed payment is at IKAGI's discretion and may require resolution of the outstanding balance.
Currency and exchange: Charges are denominated in USD. If your payment method is held in a different currency, your bank or card issuer may apply a foreign exchange conversion. IKAGI is not responsible for foreign exchange rates or conversion fees.
Chargebacks: If you initiate a chargeback or payment dispute with your card issuer or bank without first attempting to resolve the issue with IKAGI directly, IKAGI may immediately suspend or terminate your account. You agree to contact IKAGI at info@theikagisystem.com to attempt resolution before initiating a chargeback. Chargebacks initiated in bad faith may result in collection action and permanent account termination.
§ 6. Refund Policy
Subscription fees are non-refundable except as expressly stated in this Section 6 or as required by applicable law.
Monthly subscriptions: You may cancel at any time. Cancellation stops future auto-renewals. The current billing cycle is not refunded. You retain access to the Services through the end of the billing cycle you have already paid for.
Exceptional refunds: In cases of clear billing error, duplicate charges, or technical failure that prevented access to the Services for a material portion of a billing cycle, IKAGI may issue a discretionary refund or service credit. Such refunds are at IKAGI's sole discretion and are not precedent for future refund requests.
Statutory rights: Where applicable consumer protection law (including the EU Consumer Rights Directive) provides you with a right of withdrawal, those statutory rights are not waived by this Section 6.
To request a refund, contact info@theikagisystem.com with your account email, the date of the charge, and the reason for the request.
§ 7. Cancellation and Account Termination
Cancellation by you: You may cancel your subscription at any time by accessing your account settings, or by contacting info@theikagisystem.com. Cancellation prevents future renewals but does not refund the current billing cycle except as stated in Section 6. Following cancellation you retain access to the Services through the end of your current paid period.
Termination by IKAGI: IKAGI may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Cause includes but is not limited to:
- Breach of these Terms or the Disclaimer
- Failure to pay fees when due
- Engaging in fraud, abuse, harassment, or other prohibited conduct
- Attempting to reverse engineer, scrape, or otherwise misappropriate the IKAGI Methodology
- Sharing account credentials
- Using the Services to violate any applicable law
Upon termination by IKAGI for cause, fees already paid are not refundable. Upon termination by IKAGI without cause, IKAGI will refund any prepaid fees attributable to the period after termination on a prorated basis.
Effect of termination: Following termination your access to the Services ceases. Any rights and obligations that by their nature should survive termination will survive, including but not limited to intellectual property rights, payment obligations for fees accrued before termination, limitation of liability, indemnification, governing law, and dispute resolution.
§ 8. Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Use the Services in any way that violates any applicable law or regulation
- Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or proprietary logic of any part of the Services, including but not limited to the IKAGI Methodology, the KAIROS engine, the Gann Forecaster, or any other analytical component
- Use any automated system, including but not limited to bots, scrapers, or AI agents, to access, monitor, or copy any part of the Services without express written permission from IKAGI
- Use the Services to train any artificial intelligence model, machine learning system, large language model, or similar technology
- Reproduce, redistribute, sublicense, sell, rent, lease, or otherwise commercialize any aspect of the Services or its outputs without express written permission
- Build a competing service that incorporates any aspect of the IKAGI Methodology or any output of the Services
- Share your account credentials with any other person
- Use the Services to engage in market manipulation, fraud, insider trading, money laundering, terrorist financing, or any other illegal financial activity
- Use the Services to harass, threaten, defame, or harm any other person, including IKAGI personnel and other subscribers
- Upload or transmit any malware, virus, trojan, worm, or other malicious code
- Interfere with or disrupt the integrity or performance of the Services or any data hosted by the Services
- Attempt to gain unauthorized access to any portion of the Services, other accounts, or any systems or networks connected to the Services
- Bypass, disable, or circumvent any security feature of the Services
- Use the Services in any jurisdiction where such use is unlawful
- Misrepresent your identity, your eligibility under Section 2, or your affiliation with any person or entity
Violation of this Section 8 may result in immediate termination of your account and may give rise to claims for damages, including statutory damages where applicable.
§ 9. Intellectual Property
IKAGI's Intellectual Property: All right, title, and interest in and to the Services, including but not limited to all software, source code, designs, methodology, written content, video content, audio content, branding, trademarks, service marks, logos, trade names, trade dress, and any associated intellectual property rights (collectively, the "IKAGI IP"), are and shall remain the exclusive property of IKAGI IP HOLDINGS, LLC and its licensors. The IKAGI IP is protected under the copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and other jurisdictions.
The IKAGI Methodology, including but not limited to the Waves and Particles framework, Mathematical Cycle Theory, Time-Price Geometry, Universal Constants doctrine, the KAIROS time confluence engine, the S9 Geometry layer, the Vortex Timing layer, all proprietary cell logic, the Ichimoku regime classification system as implemented in the Services, the candlestick alert cell system, the Entanglement awareness detector, the PRSM reversal awareness layer, the Watchlist scoring system, and all derivative works, constitutes the proprietary intellectual property of IKAGI.
The trademarks "IKAGI," "IKAGI Quantum Systems," "QUMO," "KAIROS," "Waves and Particles," and any associated logos and brand elements are trademarks of IKAGI Quantum Systems LLC, registered or in registration where applicable. You are not granted any right to use these trademarks except as expressly stated.
License to You: Subject to your compliance with these Terms and full payment of applicable fees, IKAGI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial research and trading decision-making purposes during the term of your subscription. This license terminates immediately upon termination of your account or cessation of your subscription.
Feedback: If you provide IKAGI with any suggestions, feedback, ideas, or improvements relating to the Services ("Feedback"), you grant IKAGI a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate that Feedback into the Services or any other IKAGI offering without compensation or attribution to you.
Reservation of Rights: All rights not expressly granted in these Terms are reserved by IKAGI. No implied licenses are granted.
§ 10. User Content
Certain features of the Services may permit you to submit content, including comments, feedback, communications with IKAGI personnel, support requests, and information you provide in the course of a Bespoke engagement ("User Content"). You retain ownership of your User Content. By submitting User Content you grant IKAGI a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, and display the User Content solely for the purposes of operating, improving, and providing the Services.
You represent and warrant that you have all necessary rights to submit your User Content and that your User Content does not violate any third party's rights, any applicable law, or these Terms. IKAGI is not obligated to monitor User Content but may remove any User Content at any time at our sole discretion.
For Bespoke subscribers, information you provide about your portfolio, positions, financial situation, or strategy is treated under the confidentiality provisions of the Bespoke engagement letter and the Privacy Policy. IKAGI does not publicly share, sell, or commercialize information you provide as part of a Bespoke engagement.
§ 11. Disclaimers
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Without limiting the IKAGI Disclaimer incorporated by reference, IKAGI expressly disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, security, and uninterrupted availability.
IKAGI does not warrant that:
- The Services will meet your requirements or expectations
- The Services will be uninterrupted, timely, secure, or error-free
- The results obtained from use of the Services will be accurate or reliable
- Any defects in the Services will be corrected
- The Services will produce any specific financial outcome
Nothing in the Services constitutes financial, investment, legal, tax, or trading advice. Please refer to the IKAGI Disclaimer for a complete statement of this position. The Disclaimer is incorporated into these Terms by reference and accepted by you upon acceptance of these Terms.
You acknowledge that all trading and investing involves substantial risk of loss, that past performance is not indicative of future results, and that you are solely responsible for your trading and investment decisions.
§ 12. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall IKAGI Quantum Systems LLC, its members, managers, officers, employees, contractors, affiliates, agents, representatives, or licensors (collectively, the "IKAGI Parties") be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost trading opportunities, lost savings, lost data, loss of goodwill, business interruption, or any other intangible losses, arising from or related to your access to or use of (or inability to access or use) the Services, your reliance on any output of the Services, any trade or investment decision you make, or any conduct of any other user of the Services, whether based on warranty, contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not the IKAGI Parties have been advised of the possibility of such damages.
The total aggregate liability of the IKAGI Parties to you for all claims arising from or related to these Terms, the Services, and your relationship with IKAGI, regardless of the form of action, shall not exceed the greater of (a) the total amount of fees paid by you to IKAGI in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred United States Dollars (USD $100).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, the IKAGI Parties' liability is limited to the maximum extent permitted by applicable law.
You acknowledge that the limitations of liability in this Section 12 are a fundamental element of the bargain between you and IKAGI, that IKAGI would not provide the Services without these limitations, and that the fees charged for the Services reflect the allocation of risk these limitations create.
§ 13. Indemnification
You agree to indemnify, defend, and hold harmless the IKAGI Parties from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and costs) arising from or related to:
- Your use of or access to the Services
- Your violation of these Terms, the Disclaimer, the Privacy Policy, or any applicable law
- Your User Content
- Your trading and investment decisions, including all associated losses, tax liabilities, and other financial consequences
- Any third-party claim arising from your conduct in connection with the Services
- Any misrepresentation made by you, including without limitation any breach of the representations in Section 2
IKAGI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with IKAGI in asserting any available defenses. You may not settle any matter without the prior written consent of IKAGI.
This indemnification obligation survives termination of your account and these Terms.
§ 14. Force Majeure
IKAGI is not liable for any failure or delay in performance of the Services caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, government action, pandemic, epidemic, labor disputes, internet or telecommunications failures, third-party service outages, cybersecurity attacks, regulatory actions affecting cryptocurrency markets or data providers, and any other event of similar nature. During such events, IKAGI's obligations are suspended for the duration of the event.
§ 15. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
§ 16. Dispute Resolution and Arbitration
Mandatory Informal Resolution: Before initiating any formal dispute, you agree to attempt informal resolution by contacting IKAGI at info@theikagisystem.com with a written description of the dispute. IKAGI will attempt to resolve the dispute within thirty (30) days of receiving your notice.
Binding Arbitration: If informal resolution fails, any dispute, claim, or controversy arising from or related to these Terms, the Services, or your relationship with IKAGI shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules in effect at the time arbitration is commenced. The seat of arbitration shall be Cheyenne, Wyoming, United States. The arbitration shall be conducted in English. One arbitrator shall preside. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver: You and IKAGI agree that any disputes will be resolved on an individual basis and not as a class action, collective action, class arbitration, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
Equitable Relief: Notwithstanding the foregoing, IKAGI may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent (a) unauthorized use, reverse engineering, or scraping of the IKAGI IP, (b) breach of confidentiality, and (c) violations of intellectual property rights. You consent to the jurisdiction of state and federal courts located in Laramie County, Wyoming for such proceedings.
Federal Arbitration Act: The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section 16.
Opt-Out Right: You may opt out of the arbitration and class action waiver provisions of this Section 16 by sending written notice to info@theikagisystem.com within thirty (30) days of first accepting these Terms. The notice must include your full name, account email, and a clear statement that you opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Laramie County, Wyoming, and you waive any objection to venue or jurisdiction there.
Time Limit: Any claim must be brought within one (1) year of the date the claim arose. Claims brought after that period are barred.
§ 17. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall remain in full force and effect.
§ 18. Waiver
No waiver of any provision of these Terms by IKAGI shall be effective unless in writing. The failure of IKAGI to enforce any right or provision shall not constitute a waiver of that right or provision in any other instance.
§ 19. Assignment
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of IKAGI. IKAGI may assign its rights and obligations under these Terms freely, including in connection with a merger, acquisition, sale of assets, or by operation of law.
§ 20. Notices and Electronic Communications
Notices to IKAGI shall be sent in writing to:
IKAGI Quantum Systems LLC
Email: info@theikagisystem.com
Notices to you may be delivered by email to the address associated with your account, by posting on the Services, or by any other reasonable means. You consent to receive notices and communications from IKAGI electronically.
You agree that all agreements, notices, disclosures, and other communications that IKAGI provides electronically satisfy any legal requirement that such communications be in writing.
§ 21. Relationship of the Parties
These Terms do not create any partnership, joint venture, agency, fiduciary, or employment relationship between you and IKAGI. You are an independent user of the Services. No statement in these Terms or in any IKAGI communication shall be interpreted as creating any obligation of IKAGI to act in your specific financial interest. IKAGI is not your fiduciary.
§ 22. Entire Agreement
These Terms, together with the Disclaimer, the Privacy Policy, and (for Bespoke subscribers) the Bespoke Engagement Letter, constitute the entire agreement between you and IKAGI regarding the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
In the event of any conflict between these Terms and the Disclaimer or Privacy Policy, these Terms control unless the conflicting document expressly states that it overrides these Terms. For Bespoke subscribers, the Bespoke Engagement Letter controls with respect to the Bespoke relationship, with these Terms governing matters not addressed in the engagement letter.
§ 23. Headings; Interpretation
Section headings in these Terms are for convenience only and do not affect interpretation. "Including" and "include" mean "including without limitation" and "include without limitation." References to "Sections" are to sections of these Terms unless otherwise specified. References to "days" mean calendar days unless otherwise specified.
§ 24. Contact
For questions about these Terms, contact:
IKAGI Quantum Systems LLC
General: info@theikagisystem.com
Website: ikagi.io
§ 25. Acknowledgment
By accessing, using, or subscribing to the Services, you acknowledge that you have read these Terms of Service in their entirety, that you understand them, that you accept them, and that you agree to be bound by them. You further acknowledge that you have had the opportunity to seek independent legal advice regarding these Terms and the consequences of accepting them, and that you accept them knowingly and voluntarily.
IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.
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