# Terms and Conditions

**1. Introduction**

Welcome to JESTER. By accessing, using our platform, or purchasing Tokens, including the trading algorithm (the “Algorithm”), you agree to be bound by these Terms and Conditions (the "Terms"). These Terms govern your use of the JESTER services and the associated token ("Token").

By purchasing Tokens or accessing any part of the platform, you acknowledge and agree that you are bound by these Terms, including any future modifications that may be made. It is your responsibility to review these Terms regularly, as continued use of the platform following any changes constitutes your acceptance of those changes.

Please read these Terms carefully before using our platform or purchasing Tokens.

**1.2. Definitions**

For the purposes of these Terms and Conditions, the following terms shall have the meanings set forth below:

* **"Algorithm"**: Refers to the proprietary trading algorithm developed by "Scientio", which is licensed to JESTER GLOBAL for use within the JESTER ecosystem. The Algorithm is designed to facilitate automated trading decisions based on pre-set parameters and market data.
* **"Tools"**: Collectively refers to all functionalities provided by JESTER, including but not limited to trading signals, auto-trader, indicators, and any other software tools or features that assist users in making trading decisions or executing trades.
* **"Token"**: Refers to the utility token issued by JESTER that provides users with access to the platform’s services, including the Algorithm and Tools. The Token serves as a means of exchange within the platform and does not confer any ownership rights in JESTER GLOBAL or its assets.
* **"Company"**: Refers to JESTER GLOBAL, the entity responsible for managing the JESTER platform, administering the licensing of the Algorithm, and overseeing the overall operation of the ecosystem.
* **"Owner"**: Refers to "Scientio", the individual or entity that holds exclusive intellectual property rights to the Algorithm and grants a license to the Company for its use within the platform.
* **"Treasury"**: Refers to the reserve of funds collected by JESTER from transaction taxes, performance fees, and other revenue streams, which are used for the continued development, maintenance, and operation of the platform.
* **"Bonding Curve"**: Refers to the mathematical model used by JESTER to determine the number of Tokens required for different levels of access to the Algorithm and Tools. The bonding curve adjusts these requirements based on demand within the ecosystem.

#### **2. Ownership and Licensing**

The Algorithm is the exclusive intellectual property of "Scientio" (an anonymous psuedonym, the "Owner"). The Owner retains full ownership of all rights, titles, and interests in the Algorithm. JESTER GLOBAL (the "Company") has been granted a license by the Owner to use the Algorithm within the JESTER ecosystem. The Company does not own the Algorithm but has been licensed to use it under specific terms, as outlined in a formal licensing agreement between the Owner and the Company.

All modifications or improvements to the core Algorithm, including those based on user feedback or suggestions from the Company, are and will remain the exclusive intellectual property of the Owner. The Company otherwise retains full ownership of its brand and related intellectual property.

The Company is not authorized to sub-license, transfer, or otherwise grant any rights to the Algorithm to third parties without the prior written consent of the Owner, which may be granted or denied at the sole discretion of the Owner.

By purchasing Tokens, you acknowledge that the Algorithm remains the personal intellectual property of “Scientio” and that you acquire no ownership rights in the Algorithm, the Company, or any of its assets.

#### **3. Token Usage**

The Token is a utility token designed solely to access the services provided by JESTER, including the Algorithm. By purchasing Tokens, you agree that they are not intended for investment purposes and have no inherent value outside of the JESTER ecosystem. The Token serves as a means of exchange within the platform, enabling you to use the Algorithm.

**3.1. Transaction Tax**

A 2% tax is applied to every Token transaction within the JESTER ecosystem, including transfers and sales on decentralized exchanges like Uniswap. This transaction tax is automatically deducted at the time of the transaction and directed to the project’s treasury, which is owned and controlled by the Company. These funds are used for the continued development and maintenance of the platform.

**Example**: If you transfer or sell 100 Tokens on a decentralized exchange, a 2% transaction tax means that 2 Tokens will be deducted and transferred to the treasury, leaving 98 Tokens for the recipient or proceeds from the sale.

**3.2. Performance Fee**

A performance fee may be incurred based on your usage of the Algorithm. This fee is assessed on the profits generated by the Algorithm in connected accounts and is split between the project’s treasury and token buybacks.

**Calculation Example**:

* **Profit Generated**: $1,000
* **Performance Fee Rate**: 5%
* **Fee Amount**: $1,000 x 5% = $50
* **Fee Split**: The $50 fee is allocated based on the buyback strategy (see documentation).

#### **3.3. Performance Fee Compliance**

The Algorithm is provided for your use, and performance fees are assessed based on the connected accounts that interact with the platform. The Company tracks the performance of these accounts to calculate the applicable fees. Any attempts to avoid or bypass the payment of performance fees, including but not limited to setting up a separate auto-trading account, copy trading, or replicating trades made by the Algorithm on other accounts, are strictly prohibited.

**Exception**: Trades that are manually executed by users based on signals provided by the platform do not fall under the purview of performance fees. Users are free to use the signals for manual trading without incurring performance fees, as these trades are not directly executed by the Algorithm.

**Prohibition Against Signal Skimming**: Skimming signal calls from the platform to use in your own trading strategies or on external platforms like TradingView (TV) without the explicit permission of the Company is strictly prohibited. Unauthorized use of signals in this manner is considered a violation of these Terms and may result in the immediate termination of your access to the platform and Algorithm, as well as potential legal action.

**Licensing for Signal Skimming and Automation**: If you wish to use signals for your own trading strategies, automate your own trades using external platforms such as TradingView, or otherwise integrate the platform’s signals into your own systems, you must contact the Owner to obtain the necessary licensing. Licensing terms and conditions will be determined by the Owner and may involve additional fees or requirements.

If you are found to be engaging in any prohibited activities or if you successfully circumvent the performance fees, this may result in the immediate termination of your access to the platform and Algorithm. Additionally, the Company reserves the right to pursue legal action to recover any unpaid fees, including associated damages and legal costs.

#### **4. Treasury Ownership and Licensing Obligations**

The treasury wallet is fully owned and controlled by the Company. The treasury’s funds are allocated towards staffing, project expenses, development, marketing, and other activities as deemed necessary by the Company. A portion of the treasury’s funds shall be allocated to pay the Owner a licensing fee for the use of the Algorithm, as stipulated in the licensing agreement. This licensing fee is a continuous obligation of the Company and must be paid in accordance with the terms agreed upon with the Owner.

The Company acknowledges that any failure to make timely licensing payments could result in limitations or termination of the Company's rights to use the Algorithm, as determined by the Owner. You, as a Token holder, understand and agree that you do not have any ownership or control over the treasury or its assets.

#### **5. Access to the Algorithm and Tools**

By purchasing Tokens, you are granted the ability to access and use the Algorithm, including any associated tools such as signals, auto-trader, indicators, and other functionalities (collectively, the “Tools”), in accordance with these Terms. Access to the Algorithm and Tools is by tiered and based on the number of Tokens held by a user or by subscription, or by subscription. The exact number of Tokens required for access is determined by a bonding curve model that assigns varying levels of access based on the amount of Tokens held.

**5.1 Tiered Access Levels**

* **Tier 1 Access**: Users who hold the minimum amount of Tokens specified by the bonding curve will receive basic access to the Algorithm and its associated Tools.
* **Tier 2 Access**: Users who hold a higher amount of Tokens specified by the bonding curve will receive enhanced access to the Algorithm and its associated Tools.
* **Tier 3 Access**: Users who hold the maximum amount of Tokens specified by the bonding curve will receive premium access to the full functionality of the Algorithm and its associated Tools.

The bonding curve may adjust the required amount of Tokens for each tier as demand fluctuates within the ecosystem. The Company reserves the right to modify the bonding curve model, Token requirements, or tier access levels at any time, with or without notice.

**5.2 Preservation of Algorithm Efficiency**

The Company recognizes that preserving the efficiency and competitive edge of the Algorithm is of paramount importance. Therefore, the Company reserves the right to limit, restrict, or discontinue access to the Algorithm and its associated Tools at any time, with or without notice, if it is determined that the Algorithm’s performance or efficiency is being compromised due to overexposure or other factors. This includes the right to close public access to the Algorithm and Tools to ensure their continued effectiveness.

Additionally, the Owner reserves the right to limit, restrict, or terminate the Company’s use of the Algorithm under the licensing agreement if the Owner determines that the Algorithm’s performance or efficiency is being compromised or otherwise negatively affected by its use within the JESTER ecosystem. This authority may be exercised at the Owner's sole discretion.

**5.3 Use of Tools: Signals, Auto-Trader, and Indicators**

By using the signals, auto-trader, indicators, or any other Tools provided as part of the Algorithm, you agree to comply with all terms and conditions set forth herein. The Tools are provided to assist in trading decisions and are intended for use only within the scope of the platform’s offerings. The Company does not guarantee the accuracy, completeness, or effectiveness of any Tools provided.

**5.3.1 Risk Acknowledgment**

You acknowledge and agree that the use of the Tools involves significant risk. The Tools do not provide any guarantee of profit and may result in substantial losses, including the complete loss of your invested capital. You are solely responsible for your use of the Tools and the outcomes of your trading activities. The Company shall not be liable for any losses incurred as a result of using the Tools.

**5.3.2 Indicator Usage**

The indicator provided by the Company is intended solely as an aid for manual trading and market analysis. Users may use the indicator to inform their trading decisions, but it is not designed or intended for automation. If you wish to automate trading activities using the indicator, you must secure appropriate licensing from the Owner. Unauthorized automation of trades based on the indicator is strictly prohibited.

**5.3.3 Auto-Trader**

The auto-trader tool is an automated system that executes trades on your behalf based on your chosen algorithms or strategies. By enabling the auto-trader, you authorize the platform to execute trades according to your chosen settings. You understand and accept that automated trading carries inherent risks, including but not limited to execution errors, software glitches, and unexpected market conditions. The Company is not responsible for monitoring or adjusting trades initiated by the auto-trader.

**5.3.4 Signals and Indicators**

Signals and indicators are provided for informational purposes only. While the Company may provide these Tools to assist in trading decisions, they are not financial advice, and the Company makes no representations regarding their reliability or accuracy. You must conduct your own analysis and due diligence before making any trading decisions based on these Tools.

**5.3.5 Prohibited Activities**

You agree not to use the Tools in any manner that could harm the platform’s operations, including but not limited to:

* **5.3.5.1 Reverse Engineering**: Attempting to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying components of the Tools.
* **5.3.5.2 Unauthorized Automation**: Using or creating any unauthorized scripts, bots, or automated systems to interact with the platform or the Tools, including the indicator provided by the Company. Automation of trading activities based on the indicator without securing proper licensing from the Company is strictly prohibited.
* **5.3.5.3 Signal Skimming**: Skimming signal calls from the platform for use in your own trading strategies or on external platforms, such as TradingView, without the explicit permission and appropriate licensing from the Company. Unauthorized use of signals in this manner may result in the termination of your access to the platform and Algorithm, as well as potential legal action.
* **5.3.5.4 Use of External Systems**: Using the Tools in conjunction with external trading systems or platforms without explicit authorization from the Company, including but not limited to attempting to replicate trades made by the Algorithm on other accounts.
* **5.3.5.5 Circumventing Fees**: Circumventing or attempting to circumvent any fees, security measures, or restrictions placed on the Algorithm or Tools by the Company.
* **5.3.5.6 Misuse of Platform**: Engaging in any activity that violates the security, usage controls, or integrity of the Tools, or using the platform for any illegal activities or in any way that violates applicable laws and regulations.

**5.3.6 No Warranty**

The Tools are provided "as-is" without any warranties of any kind, either express or implied. The Company expressly disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Tools will meet your requirements, be uninterrupted, timely, secure, or error-free.

**5.3.7 Termination of Access**

The Company reserves the right to suspend or terminate your access to the Tools at any time and for any reason, including but not limited to misuse, non-compliance with these Terms, or any actions that threaten the integrity or operation of the Tools. In the event of termination, you will immediately lose access to the Tools, and the Company shall not be liable for any consequences resulting from such termination.

#### **6. Risk Disclosure and Disclaimer**

**6.1. Risk of Trading**

Trading in financial markets, including the use of automated trading algorithms, involves significant risk. By using the Algorithm and the platform, you acknowledge and accept that:

* **Market Volatility**: Financial markets can be highly volatile, with asset prices fluctuating rapidly and unpredictably. This volatility can result in significant gains, but also substantial losses. Automated trading tools, including the Algorithm, are programmed based on historical data and market conditions, which may not predict future market behavior. As a result, the Algorithm may execute trades that lead to significant financial losses, possibly exceeding the amount of your initial investment.
* **Execution Risks**: Automated trading systems, including the Algorithm, execute trades based on predefined rules and parameters. While this can eliminate human error, it also means that the Algorithm may not adapt quickly to sudden market changes, technical issues, or errors in market data. This could result in trades being executed at less favorable prices or in market conditions where human intervention might have avoided a loss.
* **Liquidity Risks**: Automated trading may involve the trading of assets in markets that may have low liquidity. In such situations, large trades may impact market prices significantly, or it may be difficult to execute trades at the desired price or time. This can lead to unexpected losses or the inability to close positions at favorable prices.
* **Leverage Risks**: If the Algorithm or the platform offers leveraged trading options, users should be aware that leverage amplifies both potential gains and potential losses. Trading on margin or with leverage can lead to losses greater than the initial investment, and users are responsible for any deficit that may arise from such trading activities.

**6.2. Indicator and Manual Trading Risks**

* **Manual Trading**: The indicator provided by the Company is intended solely for manual trading and market analysis. Users should not assume that the indicator alone can guarantee profitable trades, as it is subject to the same risks as any other trading tool, including market volatility, technical inaccuracies, and unexpected market conditions.
* **Unauthorized Automation**: The indicator is not designed or intended for automation. If you choose to automate trades using the indicator, it is essential that you first secure proper licensing from the Company. Unauthorized automation not only violates these Terms but also exposes you to additional risks, including the lack of support, warranty, and potentially poor performance of automated trades under varying market conditions. The Company disclaims all liability for unauthorized use of the indicator in automated trading systems.

**6.3. Specific Risks of Automated Trading Tools**

* **Algorithmic Bias**: Automated trading algorithms, including the Algorithm provided by the platform, are created based on historical data, certain assumptions, and specific strategies. These strategies may not perform well under all market conditions, and the underlying assumptions may not hold true in the future. This could result in the Algorithm making suboptimal decisions or consistently underperforming in certain market environments.
* **Technical Failures**: The use of automated trading tools is dependent on the proper functioning of the software, servers, and network connections. Technical failures, such as software bugs, server outages, internet disconnections, or other unforeseen technical issues, could prevent the Algorithm from executing trades as intended. Such failures may result in missed opportunities, unintended trades, or significant financial losses.
* **Market Gaps and Slippage**: Automated trading tools execute trades based on real-time market data, but during periods of high volatility or after hours, market gaps can occur where asset prices change significantly between the time a trade is initiated and when it is executed. This can result in slippage, where trades are executed at prices significantly different from those expected, leading to unexpected losses.
* **Risk of Over-Optimization**: Automated trading strategies may be over-optimized for specific historical data, which can result in strategies that perform well in backtesting but poorly in live market conditions. Over-optimization can create a false sense of security about the potential profitability of a strategy, leading to higher-than-expected losses.

**6.4. User Responsibility and Due Diligence**

* **Active Monitoring**: While the Algorithm automates trading, users are responsible for actively monitoring their accounts and the performance of the Algorithm. The Company does not provide financial advice, and it is the user's responsibility to ensure that their trading activities align with their financial goals and risk tolerance.
* **No Guarantee of Profit**: The Company makes no representations or guarantees regarding the performance of the Algorithm, the indicator, or the profitability of trades executed through the platform. Users must be prepared for the possibility of losses, including substantial or total loss of their invested capital.
* **Manual Overrides**: In some cases, users may need to intervene manually to prevent or mitigate losses, especially in rapidly changing market conditions. The Algorithm does not replace the need for user judgment and decision-making in trading activities.

**6.5. Prohibited Activities and Liability for Damages**

You agree that you will not engage in any of the following activities:

* **Reverse Engineering**: You will not attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying components of the Algorithm, the indicator, or any part of the platform.
* **Unauthorized Automation**: You will not create, deploy, or use any unauthorized scripts, bots, or automated systems to interact with the platform, the Algorithm, or the indicator unless explicitly authorized in writing by the Company. Automation of trading activities based on the indicator without securing proper licensing from the Company is strictly prohibited.
* **Signal Skimming**: You will not use the platform’s signal calls in your own trading strategies or on external platforms without securing the necessary licensing from the Company. Unauthorized use of signals will result in the termination of access and potential legal action.
* **Circumvention of Security or Usage Controls**: You agree not to attempt to bypass, disable, or interfere with any security features, usage restrictions, or technological measures implemented on the platform, the Algorithm, or the indicator to prevent unauthorized use.
* **Misuse of Platform**: You will not use the platform for any illegal activities or in any way that violates applicable laws and regulations.

The Company takes the protection of its intellectual property seriously. Any violation of this section, including but not limited to reverse engineering, unauthorized use, or misuse of the Algorithm, indicator, or signals, will result in immediate termination of your access to the platform and the pursuit of damages. Legal action may be pursued to the fullest extent permitted by law.

**6.6. Non-Custodial Relationship**

The Company does not directly hold or manage any user funds. Users are responsible for the custody and management of their own funds. Performance fees generated by the Algorithm are handled through a smart contract, which users deposit into, and the Company withdraws funds as required. The Company does not have direct control or custody over user assets at any time.

**6.7. No Financial Advice**

The Company is not a financial advisor, and the Algorithm, indicator, and other Tools provided should not be construed as providing financial advice. You are solely responsible for your investment decisions, and you should consult with a qualified financial advisor if you have any doubts about using the Algorithm, indicator, or engaging in trading activities.

#### **7. Project Governance**

**7.1. Non-Community Led Project**

You acknowledge that JESTER is not a community-led project. The Company welcomes feedback and suggestions from the community and its users, and while such input may be considered and valued, all major decisions regarding the operation, development, and management of the platform, the Algorithm, and the ecosystem are made exclusively by the Company. Feedback does not confer any decision-making authority on users or the community.

**7.2. Feedback and Suggestions**

By submitting feedback, suggestions, or ideas to the Company, you acknowledge and agree that any such submissions are non-confidential and become the sole property of the Company. The Company will own all intellectual property rights, including any developments or modifications arising from such feedback, without any obligation to provide compensation or credit to the user. Users do not retain any rights to their submitted feedback.

**7.3. No Token Holder Rights**

Owning Tokens does not confer upon you any ownership interest, governance rights, voting rights, or control over the Company, the treasury, or the development of the platform. The Company reserves the right to make all decisions related to the project, the Algorithm, and the platform at its sole discretion, regardless of user feedback.

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**8. Dispute Resolution**

By agreeing to these Terms, you waive your right to file a lawsuit in court and agree to settle disputes through arbitration. The decision of the arbitrator(s) shall be final and binding on all parties, and judgment on the arbitration award may be entered in any court having jurisdiction. The arbitration decision shall be enforceable, and the parties agree not to contest the award in any jurisdiction.

**8.1. Class Action Waiver**

You agree that any disputes or claims must be resolved on an individual basis, and you waive your right to participate in any class action or representative lawsuit.

#### **9. Indemnification**

**9.1. User Indemnification**

You agree to indemnify and hold harmless the Owner, the Company, and their respective affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of your breach of these Terms, your use of the platform, or your violation of any applicable laws or regulations.

This indemnification also extends to third-party claims that may arise as a result of your actions, use of the platform, or any breach of these Terms. You further agree to cooperate fully in the defense of any such claims. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree not to settle any such matter without the Company’s prior written consent.

**9.2. Liability for Breach**

If you are found to be in breach of these Terms, including engaging in any Prohibited Activities, you agree to indemnify and hold the Company harmless from any and all claims, damages, losses, liabilities, and costs (including legal fees). You acknowledge that the Company reserves the right to seek compensation for any damages incurred as a result of your breach, which may include, but are not limited to, lost licensing fees, lost revenue, and reputational harm.

#### **10. Data Security and Privacy**

The Company collects non-identifiable data related to the use of the platform and the Algorithm, which may include performance data and IP addresses. The Company may collect email addresses and IP addresses to pursue legal action or damages in the event of a violation of these Terms, including but not limited to bypassing performance fees, reverse engineering, or misuse of the platform. All data is collected, stored, and used in accordance with applicable data protection laws.

You acknowledge and agree that the Company may use your email address to contact you regarding your account, pursue legal action for violations of these Terms, or provide updates on the platform. The Company does not sell or share personal data with third parties, except as required by law.

The Company retains user data for as long as necessary to fulfill the purposes outlined in these Terms and complies with all applicable data retention laws.

**10.1 Data Protection Compliance**

The Company is committed to protecting your privacy and ensuring that all data collected is handled in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), if applicable. The Company collects non-identifiable data related to the use of the platform and the Algorithm, including performance data and IP addresses.

If required by law, the Company may also collect personally identifiable information (PII) such as email addresses and IP addresses for purposes including, but not limited to, pursuing legal action or damages in the event of a violation of these Terms. All data collected is stored securely and used solely for the purposes outlined in these Terms.

The Company does not sell or share personal data with third parties, except as required by law. You have the right to access, correct, or request the deletion of your personal data in accordance with applicable laws. To make such a request, please contact the Company at \[contact email]. The Company retains user data only for as long as necessary to fulfill the purposes outlined in these Terms and to comply with legal obligations.

**10.2 Data Retention and Deletion**

User data will be retained for the duration necessary to fulfill the purposes of the platform, or as required by applicable law. Upon your request, or as mandated by law, the Company will delete your personal data unless it is required to retain such data for legal reasons. Requests for data deletion can be submitted to \[contact email].

#### **10.3 KYC/AML Compliance**

The Company supports the principles of decentralized finance and values the privacy and autonomy of its users. At present, the Company does not require Know Your Customer (KYC) or Anti-Money Laundering (AML) procedures for platform access or participation.

However, users acknowledge that future regulatory developments or the Company’s discretion to protect its intellectual property, maintain the competitive edge of the Algorithm, and ensure the security of the platform may necessitate the implementation of KYC/AML procedures. The Company reserves the right to require users to undergo identity verification processes as mandated by applicable laws or as deemed necessary by the Company to safeguard its interests.

Failure to comply with KYC/AML requirements, if imposed, may result in restricted access to the platform, suspension of your account, or termination of services. The Company may also introduce KYC as a measure to prevent unauthorized use of the Algorithm, protect proprietary information, and maintain the integrity of the platform.

While the Company endeavors to minimize any impact on user privacy, it retains the discretion to implement KYC procedures to protect the platform’s integrity and its users. Users will be notified in advance if KYC/AML procedures are to be introduced, and will be provided with instructions on how to comply. The Company will make reasonable efforts to ensure that any such processes are implemented in a manner that is as minimally intrusive as possible while satisfying regulatory or protective requirements.

#### **11. Force Majeure**

The Company shall not be liable for any delay or failure to perform any obligations under these Terms due to events outside its reasonable control (a “Force Majeure Event”), including but not limited to:

* Acts of God, natural disasters, or extreme weather conditions;
* War, acts of terrorism, civil unrest, or armed conflict;
* Pandemics, epidemics, public health emergencies, or quarantine restrictions;
* Governmental or regulatory actions, including changes in law or regulation that impact the Company’s ability to operate the platform;
* Cyberattacks, hacking, security breaches, or other malicious activities;
* Network failure, internet disruptions, power outages, or hardware/software failures;
* Labor disputes, strikes, or other industrial actions;
* Supply chain disruptions, shortages of materials, or delays in delivery of services or products.

**Company’s Rights**: In the event of a Force Majeure Event, the Company reserves the right to suspend or terminate access to the platform without liability. The Company will make reasonable efforts to resume normal operations as soon as practicable once the Force Majeure Event has been resolved.

**Notification**: Where possible, the Company will notify users of the occurrence of a Force Majeure Event and the expected duration of the suspension or termination of services.

**User Acknowledgment**: By using the platform, you acknowledge and agree that the Company is not responsible for any loss or damage resulting from a Force Majeure Event, and you release the Company from any claims arising out of or relating to such events.

#### **12. Limitation of Liability**

To the maximum extent permitted by law, the Company and its respective affiliates, officers, directors, employees, and agents are not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the platform, the Algorithm, or the Tokens, even if advised of the possibility of such damages. This includes, without limitation, damages resulting from:

* Hardware or software failure;
* Network failure, outages, lag, or delay;
* Errors, omissions, or interruptions in the services;
* Loss of data, profits, or revenue;
* Any unauthorized access or use of your account.

The Company acts solely as a facilitator of API calls to third-party trading platforms and does not execute trades on your behalf. You acknowledge and agree that you are fully responsible for all trading decisions made using the Algorithm and the platform, and that all trading activities are conducted at your own risk.

The Company shall not be liable for any trading losses, including but not limited to losses resulting from market conditions, trading errors, or misinterpretation of trading signals or data. In no event shall the Company’s total liability for any claim arising out of or in connection with these Terms, your use of the platform, or the Tokens exceed the amount you paid for the Tokens, if applicable. You expressly agree that you will not seek, and are not entitled to, any punitive damages.

By using the platform, you acknowledge that you are solely responsible for ensuring that your systems are functioning properly and securely connected to the platform and that you accept the inherent risks associated with internet-based services.

#### **13. Refund and Token Buyback Policy**

**13.1. Refund Policy**

The Company does not sell Tokens directly to users; instead, Tokens are acquired through exchanges, such as Uniswap, where they were initially dispersed at launch. As a result, all Token purchases are final, and the Company does not offer refunds under any circumstances. This policy is in place because the Company has no control over transactions conducted on decentralized exchanges and does not receive the proceeds from such sales.

**Clarification**: Since Token transactions occur on a decentralized exchange, users are responsible for ensuring the accuracy of their transactions, including the correct amount and address. Any issues related to Token purchases, such as accidental transfers or technical errors on the exchange, must be resolved directly through the decentralized exchange platform, as the Company is not involved in these transactions.

**13.2. OTC Token Buybacks**

The Company may, at its sole discretion, offer to purchase Tokens from users via an over-the-counter (OTC) transaction. Users acknowledge that the availability and terms of any OTC buybacks are determined solely by the Company and may not be offered at all times. The Company is under no obligation to repurchase Tokens. Users are also free to sell their Tokens on the open market in accordance with applicable laws and exchange policies.

#### **14. Intellectual Property**

All content and intellectual property associated with JESTER are owned either by the Owner or the Company, as detailed below. This includes, but is not limited to, the Algorithm, indicators, platform code, auto-trader, trademarks, logos, and any other proprietary tools or materials provided by the Company (collectively, the "Intellectual Property").

**14.1. Ownership and Licensing**

* **Owner’s Intellectual Property**:
  * The Algorithm and indicators provided within the platform are the exclusive property of the Owner. The Company has been granted a limited license by the Owner to use these tools within the JESTER ecosystem. This license is non-transferable and non-sublicensable except as expressly permitted in writing by the Owner.
* **Company’s Intellectual Property**:
  * The platform code, auto-trader, trademarks, logos, branding, and any other proprietary tools or materials created and maintained by the Company are the exclusive property of the Company. Users are granted a limited, non-exclusive, revocable license to access and use these elements solely for personal use within the scope of the services offered.

**14.2. Prohibited Use**

* Users are expressly prohibited from copying, modifying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any part of the Intellectual Property owned by the Owner or the Company without explicit written permission from the respective owner.
* **Unauthorized Automation**: The use of the Algorithm, indicator, or any other Intellectual Property owned by the Owner for unauthorized automation of trading activities is strictly prohibited without proper licensing from the Company. Unauthorized automation or integration with external systems, such as TradingView, constitutes a violation of the Owner’s IP rights.
* **Signal Skimming**: Skimming signals or other proprietary data owned by the Owner from the platform for use in external trading strategies, systems, or platforms without securing the necessary licensing from the Company is strictly prohibited.

**14.3. Consequences of Intellectual Property Violations**

* **Termination of Access**: Any violation of these IP rights, whether owned by the Owner or the Company, will result in the immediate termination of your access to the platform and all associated services. This termination is final and non-negotiable.
* **Legal Action**: The Company and the Owner reserve the right to pursue legal action against any individual or entity that infringes on their respective Intellectual Property rights. This includes, but is not limited to, seeking injunctive relief, monetary damages, and recovery of all legal costs associated with enforcing these rights.
* **Compensation for Damages**: In cases of unauthorized use or reproduction of the Intellectual Property, the Owner and the Company may seek full compensation for damages. This compensation may include, but is not limited to, lost licensing fees, lost revenue, and punitive damages to deter future violations.
* **Criminal Prosecution**: In certain jurisdictions, violations of intellectual property rights may also constitute criminal offenses. The Company and the Owner reserve the right to report such violations to the appropriate authorities, which may result in criminal prosecution.

**14.4. Reporting Violations**

* Users are encouraged to report any suspected violations of the Owner’s or the Company’s Intellectual Property rights. Reports can be made directly to the Company at \[contact email]. The Company takes all reports seriously and will investigate any potential violations thoroughly.

**14.5. No Waiver**

* The Company’s and the Owner’s failure to enforce any right or provision in these Terms with respect to their respective Intellectual Property does not constitute a waiver of such right or provision.

#### **15. Modifications to the Terms**

The Company reserves the right to modify or update these Terms at any time, with or without prior notice. However, for significant changes that materially affect your rights or obligations, the Company will make reasonable efforts to notify you in advance. Notification may be provided through various means, including, but not limited to, posting a notice on the platform, sending an email to the address associated with your account, or providing an in-app notification.

**User Responsibility**: It is your responsibility to regularly review these Terms to stay informed of any changes. Your continued use of the platform following the posting of any changes constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the platform and services immediately.

**Effective Date**: The date on which the updated Terms become effective will be indicated in the notice provided. Changes will apply prospectively from the effective date unless otherwise specified.

#### **16. Beta Features**

From time to time, the Company may offer beta features or experimental functionalities for testing purposes. These beta features are provided "as-is" without any warranties or guarantees of stability or performance. Users participating in beta testing acknowledge that these features may contain bugs, may change, or may be discontinued at any time. The Company is not liable for any issues or losses resulting from the use of beta features.

#### **17. User Account Security**

Users are responsible for maintaining the security and confidentiality of their account credentials, including API keys, stored private keys, and passwords. You agree to notify the Company immediately of any unauthorized use of your account or any other security breach. The Company is not liable for any losses or damages resulting from your failure to maintain the security of your account or for any unauthorized access to your account.

#### **18. Limitation on Use**

You agree to use the platform only for lawful purposes and in accordance with these Terms. You will not use the platform to engage in any activity that is illegal, harmful to the platform’s reputation, or could interfere with the functioning of the platform, including but not limited to spamming, hacking, or misrepresentation. Any violation of this clause may result in the suspension or termination of your access to the platform, at the Company's sole discretion.

#### **19. External Risks**

You acknowledge and agree that the cryptocurrency markets, financial markets, and related systems are subject to external risks beyond the control of the Company, including but not limited to market volatility, exchange closures, liquidity issues, or cybersecurity incidents. The Company is not liable for any losses or damages resulting from these external risks, and you assume all risk related to the use of the platform in connection with these markets.

#### **20. Geographic Restrictions**

The Company makes no representations that the platform or Algorithm is available or appropriate for use in all jurisdictions. Access to the platform may be restricted in certain jurisdictions due to legal or regulatory restrictions. It is your responsibility to comply with all applicable laws and regulations in your jurisdiction. The Company reserves the right to restrict or terminate access to the platform in certain regions at its sole discretion.

#### **21. Termination for Inactivity**

The Company reserves the right to terminate user accounts that have been inactive for an extended period of time. Inactivity is defined as a lack of logins, trades, or other interactions with the platform for a continuous period of \[insert duration, e.g., 6 months]. Users will be notified prior to account termination and will have the opportunity to reactivate their account. The Company is not responsible for any losses resulting from account termination due to inactivity.

#### **22. Language**

These Terms are written in English. Any translations of these Terms are provided for convenience only. In the event of any conflict between the translated version and the original version in English, the English version shall prevail.

#### **23. Affiliate and Referral Program**

The Company may offer an affiliate or referral program that allows users to earn rewards by referring new users to the platform. Participation in this program is voluntary and subject to the Company’s sole discretion. All rewards earned through the referral program are subject to verification and may be revoked if the Company determines that the referrals were obtained fraudulently or through prohibited activities. The Company reserves the right to modify or discontinue the referral program at any time.

#### **24. User Contributions**

By submitting or posting content to the platform, you grant the Company a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the operation of the platform and the promotion of the Company’s services. You represent and warrant that you own all rights to the content you submit and that your submission does not infringe the rights of any third party.

#### **25. API Usage**

The Company may provide access to its API for certain users. Users must comply with any API documentation, rate limits, and other restrictions. The Company reserves the right to suspend or terminate API access at its sole discretion if abuse or misuse is detected. Unauthorized API usage that circumvents the platform’s terms may result in account suspension and legal action.

#### **26. Fraud Prevention and Investigation**

The Company reserves the right to investigate any suspected fraudulent activities involving the platform. If the Company determines, in its sole discretion, that you have engaged in fraudulent activity, including but not limited to manipulating the platform, engaging in unauthorized transactions, or circumventing performance fees, the Company may take appropriate action, including suspending your account, terminating your access to the platform, or pursuing legal action. The Company may also report suspected fraud to the appropriate authorities.

#### **27. Legal Compliance**

You agree to comply with all applicable local, state, national, and international laws, rules, and regulations in connection with your use of the platform. You further agree that you are solely responsible for ensuring that your use of the platform is in compliance with all applicable laws in your jurisdiction, including but not limited to laws relating to securities, anti-money laundering, and the use of cryptocurrency.

**27.1. Regulatory Compliance and Changes**

The Company is committed to complying with all applicable laws and regulations. Users acknowledge that future regulatory changes may impact the availability or functionality of the platform. The Company reserves the right to modify or restrict access to services in order to comply with such regulations, and users agree that the Company is not liable for any loss of access or functionality due to regulatory changes.

#### **28. Data Retention and Deletion**

The Company retains user data for as long as necessary to fulfill the purposes outlined in these Terms, or as required by law. If you would like to request the deletion of your personal data, you may contact the Company at \[contact email]. The Company will comply with data deletion requests in accordance with applicable law, subject to any legal obligations to retain such data.

#### **29. Backup Disclaimer**

The Company does not guarantee the regular backup of any content or data uploaded to the platform by users. It is the user's sole responsibility to maintain backup copies of any content or data stored on the platform. The Company is not responsible for any loss of data.

#### **30. Assignment of Rights**

Users may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Company. The Company may assign or transfer its rights or obligations under these Terms without restriction.

#### **31. Platform Modifications**

The Company reserves the right to modify, suspend, or discontinue any features or services offered on the platform at any time, with or without notice. Users acknowledge that changes may occur and that the Company is not liable for any disruptions or losses resulting from such changes.

**31. Enforcement and Pursuit of Damages**

31.1 **Enforcement** The Company takes the protection of its intellectual property, platform integrity, and revenue streams extremely seriously. In the event of any breach of these Terms, the Company will aggressively pursue all available legal remedies.

31.2 **Pursuit of Damages** If you are found to be in breach of these Terms, you acknowledge and agree that you may be liable for substantial damages. The Company reserves the right to seek compensation for damages in amounts ranging from $50,000 to $5,000,000 or more, depending on the severity of the breach.

31.3 **Legal Action** The Company will initiate legal action in the appropriate jurisdiction to enforce its rights and recover damages. This may include filing lawsuits, pursuing injunctions, and seeking punitive damages to the fullest extent permitted by law. The Company reserves the right to recover all legal fees, costs, and expenses associated with pursuing such claims.
