Terms of service and privacy policy

1.1 Definitions

For the purposes of this Agreement, the following terms have the meanings below.

"Service"

means the Alpha Analysis Tool web application, its associated APIs, its analytical models, its automated trading features, and all related software and documentation provided by us.

"We", "us", "our", "Alpha Analysis Tool"

means the operator of the Alpha Analysis Tool service.

"You", "your", "user"

means any individual or entity that accesses or uses the Service.

"Agreement"

means these Terms of Use together with the Privacy Policy and any other policies referenced in this document.

"Deriv"

means Deriv.com and its affiliates, the third-party trading platform whose APIs the Service integrates with.

"Content"

means any information, data, text, software, images, or other materials provided by the Service or by you.

"Trading"

means the placement of any financial contracts through the Service, whether manual or automated.

1.2 Acceptance of terms

By accessing or using the Service in any manner — including merely visiting the web application — you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to any part of this Agreement, you must immediately cease all access to and use of the Service. Your continued use after any modification of this Agreement constitutes acceptance of the modified terms.

1.3 Eligibility

You represent and warrant that: (a) you are at least eighteen (18) years of age or the legal age of majority in your jurisdiction, whichever is greater; (b) you have the legal capacity to enter into this Agreement; (c) you are not barred from using the Service under the laws of any applicable jurisdiction; and (d) if you are using the Service on behalf of a legal entity, you have the authority to bind that entity to this Agreement.

1.4 Geographic restrictions

The Service is not intended for users located in jurisdictions where: (a) the trading of binary options, synthetic indices, contracts for difference, or any other instrument offered through Deriv is prohibited by law; (b) accessing or using the Service would violate any applicable regulation, embargo, or sanction; or (c) the Service is otherwise prohibited by us. You are solely responsible for determining whether your use of the Service complies with the laws applicable to you.

1.5 Account registration

To access certain features of the Service, you may be required to create an account. You agree to provide accurate and complete information and to keep it current. You agree not to impersonate any other person or entity, or to create accounts for anyone other than yourself. We may, in our sole discretion, refuse to open an account for any reason and without explanation.

1.6 Account security

You are solely responsible for: (a) maintaining the confidentiality of your account credentials, session tokens, and any Personal Access Tokens you enroll; (b) restricting access to your device and browser; (c) immediately notifying us of any unauthorized use of your account or any breach of security; and (d) ensuring that you log out of your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section.

1.7 License grant

Subject to your full compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your own personal, non-commercial purposes. This license does not include any right to resell, redistribute, sublicense, or otherwise make the Service available to third parties.

1.8 License restrictions

You shall not, and shall not permit any third party to: (a) copy, modify, translate, adapt, or create derivative works of the Service; (b) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive the source code or underlying algorithms of the Service; (c) scrape, crawl, or otherwise extract data or content from the Service except through authorized interfaces; (d) frame, mirror, or embed any portion of the Service on any other website; (e) interfere with or disrupt the integrity or performance of the Service; or (f) attempt to gain unauthorized access to the Service or its related systems.

1.9 Prohibited conduct

You agree not to: (a) use the Service for any unlawful purpose; (b) manipulate any market through the Service; (c) engage in any form of fraud or misrepresentation; (d) launder money or finance terrorism; (e) violate any economic sanctions; (f) use the Service in a manner that could damage, disable, overburden, or impair it; (g) attempt to gain unauthorized access to other users' accounts or data; (h) use automated means to access the Service other than through our documented APIs; or (i) encourage or enable any third party to do any of the foregoing.

1.10 Third-party services

The Service integrates with third-party services, including Deriv. Your use of those services is governed by their respective terms. We do not control, and are not responsible for, the content, policies, availability, security, or practices of any third-party service. Your interactions with any third party — including Deriv — are solely between you and that third party, and we disclaim all liability arising from those interactions.

1.11 Deriv integration disclaimer

The Service provides an interface to Deriv for the purposes of analytics and trade execution. Deriv is an independent entity, not our agent, partner, or representative. We do not hold, custodian, transfer, or control any funds. All trades are executed by Deriv under your own Deriv account and Deriv's own terms of service. We are not responsible for Deriv's actions, omissions, availability, pricing, execution quality, settlement, or any other aspect of Deriv's services. Any dispute you may have with Deriv must be resolved directly with Deriv.

1.12 No financial advice

NOT FINANCIAL ADVICE. The Service provides analytical tools, statistical models, indicators, predictive estimates, and automated execution features for informational and educational purposes only. Nothing on the Service — including but not limited to predictions, confidence scores, historical performance, digit frequencies, indicator outputs, backtesting results, or automated trade signals — constitutes financial, investment, legal, tax, or accounting advice. We are not a registered investment advisor, broker-dealer, financial planner, or fiduciary in any jurisdiction.

1.13 Risk disclosure

HIGH-RISK SPECULATION. Trading derivative contracts, binary options, synthetic indices, and other financial instruments involves substantial risk of loss and is not suitable for every person. You may lose some or all of your deposited capital. You should not trade with funds you cannot afford to lose. Past performance of any strategy, model, or indicator is not indicative of future results.

1.14 Assumption of risk

ABSOLUTE ASSUMPTION OF RISK. You expressly acknowledge and voluntarily assume all risks associated with: (a) your use of the Service; (b) any trading decisions you make based on any information provided by the Service; (c) any trades executed through the Service, whether manual or automated; (d) any errors, omissions, delays, or inaccuracies in the Service's outputs; (e) any interruption, suspension, or termination of the Service; and (f) any reliance you place on any prediction, indicator, signal, or analytical output.

1.15 No guarantee of accuracy

We make no representation or warranty regarding the accuracy, completeness, timeliness, reliability, or fitness for purpose of any information, data, prediction, calculation, indicator, or output provided by the Service. Analytical models, statistical calculations, machine learning predictions, and automated signals are inherently probabilistic and may be wrong. You acknowledge that any use you make of the Service's outputs is at your sole risk.

1.16 No guarantee of profitability

We do not guarantee, and expressly disclaim, any representation that use of the Service will result in profit, avoid loss, achieve any specific outcome, or improve your trading performance. Any reference to historical returns, backtested performance, win rates, or success metrics is for informational purposes only and does not indicate future results.

1.17 No guarantee of availability

We do not guarantee that the Service will be available at any specific time or on an uninterrupted basis. The Service may be unavailable due to scheduled or emergency maintenance, third-party outages (including Deriv), internet infrastructure failures, or events beyond our control. We may modify, suspend, or discontinue the Service, or any part of it, at any time and without notice.

1.18 Automated trading risks

AUTOMATED TRADING RISK. The Service includes automated trading features that can execute trades without additional confirmation once enabled. You acknowledge and agree that: (a) you are solely responsible for configuring, monitoring, and disabling any automated strategy; (b) automated trading may execute more trades, more rapidly, and at times you did not intend than manual trading would; (c) errors in configuration, software bugs, market conditions, or third-party failures could cause unintended trades or losses; and (d) you bear all risk from any automated trading you enable.

1.19 Your responsibilities

You are solely responsible for: (a) making your own trading decisions; (b) verifying all information provided by the Service against independent sources before relying on it; (c) managing your own risk; (d) complying with all laws and regulations applicable to you; (e) keeping your account credentials and Personal Access Tokens secure; and (f) all consequences of any trades you place, whether manually or through automated features.

1.20 Tax obligations

You are solely responsible for determining what, if any, taxes or duties apply to your trading activities and for reporting and paying those taxes to the appropriate authorities. We do not provide tax advice and make no representation regarding the tax treatment of any transaction.

1.21 Fees and payment

If any features of the Service require payment, you agree to pay the fees stated at the time of purchase. All fees are quoted in the currency stated and are exclusive of any applicable taxes unless stated otherwise. We may change fees at any time by posting the new fees on the Service. Failure to pay fees may result in suspension or termination of your access.

1.22 No refunds

All payments to us are non-refundable except as required by applicable law or as expressly stated by us in writing. In particular, we will not issue refunds based on trading losses, dissatisfaction with performance, or market conditions.

1.23 Intellectual property

The Service and all content, features, functionality, software, code, models, algorithms, designs, graphics, and trademarks provided by us are, and will remain, the exclusive property of us and our licensors. This Agreement does not grant you any right, title, or interest in the Service other than the limited license expressly granted in Section 1.7.

1.24 User content

Any content you submit to the Service — including account information, Personal Access Tokens, trading preferences, and communications with us — remains your property, but you grant us a worldwide, royalty-free, non-exclusive license to use, process, and store that content solely as necessary to provide the Service and as described in the Privacy Policy.

1.25 Feedback

If you submit feedback, ideas, suggestions, or improvements regarding the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use, incorporate, modify, and commercialize that feedback without any obligation to compensate you or acknowledge you.

1.26 Indemnification

You agree to indemnify, defend, and hold harmless us, our operators, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your breach of this Agreement; (c) your violation of any law or regulation; (d) your violation of any third party's rights; or (e) any trading activity you conduct through the Service.

1.27 Limitation of liability

READ CAREFULLY. To the maximum extent permitted by applicable law, in no event shall we, our operators, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, trading losses, capital wipeouts, broker account liquidations, or business interruption, arising out of or related to this Agreement or your use of the Service.

1.28 Cap on liability

Without limiting the foregoing, in no event shall our total aggregate liability arising out of or related to this Agreement or your use of the Service exceed the greater of: (a) the total amount you paid us in fees during the twelve (12) months preceding the event giving rise to the claim; or (b) One Hundred United States Dollars (USD $100). This cap applies regardless of the number of claims, the number of parties bringing claims, or the nature of the claim.

1.29 Disclaimer of warranties

AS IS — AS AVAILABLE. The Service is provided on an "as is" and "as available" basis without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or quiet enjoyment. We do not warrant that the Service will be uninterrupted, error-free, or secure.

1.30 Release

To the maximum extent permitted by law, you release us and our operators, employees, agents, affiliates, and licensors from any and all claims, demands, and damages arising out of or in any way connected with any dispute you have with any third party (including Deriv) relating to the Service.

1.31 Force majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, fire, floods, accidents, pandemics, strikes, labor disputes, power outages, internet service provider failures, telecommunications failures, denial-of-service attacks, government action, or any other event beyond our reasonable control.

1.32 Term and termination

This Agreement begins when you first access the Service and continues until terminated by either party. You may terminate by ceasing all use of the Service. We may terminate this Agreement and your access to the Service at any time, for any reason or no reason, without notice and without liability. Grounds for termination include breach of this Agreement, suspected fraud, regulatory concerns, or our decision to discontinue the Service.

1.33 Suspension rights

We may suspend your access to the Service, in whole or in part, at any time and without notice if we reasonably believe: (a) you have violated this Agreement; (b) your use poses a security, legal, or regulatory risk; (c) your use may harm us or other users; or (d) suspension is required by law. Suspension does not waive any other rights we may have.

1.34 Modifications to service

We reserve the right to modify, update, add to, remove from, suspend, or discontinue the Service, or any portion of it, at any time and without notice. Any such modification becomes part of this Agreement. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

1.35 Modifications to terms

We reserve the right to modify this Agreement at any time. Material changes will be posted on this page with an updated version number and date. Continued use of the Service after a modification constitutes acceptance of the modified terms. You are responsible for periodically reviewing this page.

1.36 Severability

If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and if that is not possible, it shall be severed and the remaining provisions shall remain in full force and effect. Sections on intellectual property, indemnification, limitation of liability, disclaimer of warranties, and dispute resolution survive any termination of this Agreement.

1.37 Entire agreement

This Agreement, together with the Privacy Policy and any other policies referenced in this document, constitutes the entire agreement between you and us regarding the Service and supersedes all prior and contemporaneous agreements, understandings, and representations, whether written or oral.

1.38 Assignment

You may not assign or transfer this Agreement or any of your rights or obligations hereunder without our prior written consent. We may freely assign or transfer this Agreement. Any attempted assignment in violation of this section is void. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns.

1.39 Waiver

No waiver by us of any term or condition of this Agreement shall be deemed a waiver of that term or condition for the future or of any other term or condition. Any waiver must be in writing and signed by an authorized representative.

1.40 Notices

We may provide notices to you via the Service, via email (if we have one on file), or via posting on our website. You agree to receive notices electronically. You may provide notices to us via the Contact page.

1.41 Survival

All provisions of this Agreement that by their nature should survive termination shall survive, including without limitation intellectual property, indemnification, limitation of liability, disclaimer of warranties, and dispute resolution provisions.

2.1 Scope and controller

This Privacy Policy describes how we collect, use, share, and protect information about you when you use the Service. For purposes of the EU General Data Protection Regulation (GDPR), the UK GDPR, and similar laws, we are the data controller of your personal data. Our data controller contact details are provided in the Contact section below.

2.2 Information we collect

We collect the following categories of information:

• Account information — username, password hash (bcrypt with salt), account creation timestamp, last login timestamp, account status.
• Enrolled tokens — Personal Access Tokens you enroll, stored encrypted with a server-side vault key. We do not store the plaintext token.
• Trading preferences — default stake, default asset, trade type, risk settings, theme preference, and other preferences you configure.
• Usage data — pages visited, features used, session duration, session tokens, and general interaction data.
• Device and connection data — IP address, browser type and version, operating system, referrer URL, and timestamps.
• Communications — messages you send us via the Contact page, including your name, email address, and the content of your message.
• Prediction and analysis data — predictions you view or log, analysis results you generate, and trade records associated with your account.

We do not knowingly collect: real names (unless you provide them), physical addresses, telephone numbers, financial payment card details, government identification numbers, biometric data, or (except as described above) email addresses.

2.3 How we collect

We collect information: (a) directly from you when you provide it; (b) automatically through your use of the Service; (c) from third parties, including Deriv, when you authorize us to access your Deriv account; and (d) from cookies and similar technologies as described in Section 2.12.

2.4 How we use

We use information to: (a) provide, operate, maintain, and improve the Service; (b) authenticate you and manage your session; (c) process transactions and interact with Deriv on your behalf; (d) personalize your experience and remember your preferences; (e) communicate with you about the Service; (f) monitor and analyze usage, trends, and performance; (g) detect, prevent, and address fraud, abuse, security, and technical issues; (h) comply with legal obligations; and (i) enforce our Terms of Use.

2.5 Legal basis for processing

If you are located in the EU, the UK, or a jurisdiction with similar laws, our legal bases for processing are: (a) performance of a contract — to provide the Service to you; (b) legitimate interests — to operate, secure, and improve the Service, and to prevent abuse and fraud; (c) consent — where we ask for it (e.g., for optional marketing communications); and (d) legal obligation — where the law requires us to process or retain data. You may withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

2.6 Sharing and disclosure

We do not sell, rent, or trade your personal information. We may share information with: (a) service providers who help us operate the Service (hosting, database, security, email, analytics), under written agreements requiring them to protect your information; (b) Deriv, as necessary to execute trades you initiate; (c) law enforcement or regulators when required by applicable law or valid legal process; (d) parties to a merger, acquisition, or asset sale, subject to this Privacy Policy's protections; and (e) any other party with your consent.

2.7 Deriv data

When you enroll a Personal Access Token, we use it to fetch your Deriv account information — account IDs, balances, and trade history — which we display to you and use for the Service's features. We do not have access to your Deriv login credentials. Your Deriv data is subject to Deriv's own privacy policy.

2.8 International transfers

We operate from Kenya. If you are located outside Kenya, your information may be transferred to, stored, and processed in Kenya and other countries where our service providers operate. These countries may have data protection laws that differ from those of your jurisdiction. Where we transfer personal data out of the EU, UK, or other regions with transfer restrictions, we use appropriate safeguards such as Standard Contractual Clauses or equivalent mechanisms.

2.9 Retention

We retain your information for as long as your account is active and for a reasonable period thereafter as necessary to comply with legal obligations, resolve disputes, enforce agreements, and for legitimate business purposes. Server logs containing IP addresses and user agent strings are rotated and deleted within 30 days unless needed for an active security investigation. You may request deletion of your account as described in Section 2.11.

2.10 Security

We implement commercially reasonable technical and organizational measures to protect your information, including: encryption of Personal Access Tokens at rest with AES-256-GCM; password hashing with bcrypt; TLS 1.2+ for data in transit; HttpOnly, Secure, SameSite session cookies; CSRF protection; rate limiting; and audit logging. No method of transmission over the internet or method of electronic storage is 100% secure. We cannot guarantee absolute security.

2.11 Your rights

Depending on your jurisdiction, you may have the following rights regarding your personal data:

• Access — to request a copy of the personal data we hold about you.
• Rectification — to request correction of inaccurate or incomplete data.
• Erasure — to request deletion of your personal data, subject to legal retention obligations.
• Restriction — to request that we limit processing of your data in certain circumstances.
• Portability — to request a machine-readable copy of the data you provided to us.
• Objection — to object to processing based on legitimate interests.
• Withdrawal of consent — where processing is based on consent, to withdraw it at any time.
• Non-discrimination — we will not discriminate against you for exercising your privacy rights.
• Complaint — to lodge a complaint with your local data protection authority.

To exercise these rights, use the Contact page. We will respond within the timeframe required by applicable law. We may need to verify your identity before fulfilling your request.

2.12 Cookies and local storage

We use HttpOnly session cookies to maintain your authenticated session. We use browser localStorage to store your theme preference, trading preferences, and copy-mode configuration. We do not use third-party tracking cookies, advertising pixels, or cross-site tracking technologies. You may clear localStorage and cookies at any time via your browser settings, though doing so will log you out and reset your preferences.

2.13 Children's privacy

The Service is not directed to individuals under 18 years of age. We do not knowingly collect personal information from children under 18. If we become aware that a child has provided us with personal information, we will delete it and terminate the account.

2.14 Data breach notification

In the event of a confirmed data breach affecting your personal information, we will notify you and, where required by law, the relevant authorities, without undue delay. The notification will describe the nature of the breach, the categories of data affected, the likely consequences, and the measures we are taking.

2.15 Third-party links

The Service may contain links to third-party websites or services (including Deriv). We are not responsible for the privacy practices of those third parties. We encourage you to review their privacy policies before providing any information.

2.16 Changes to this privacy policy

We may update this Privacy Policy from time to time. Material changes will be posted on this page with an updated version and date. Your continued use of the Service after a change constitutes acceptance of the updated policy.

3.1 Governing law

This Agreement and any dispute arising out of or related to it shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

3.2 Informal dispute resolution

Before initiating arbitration, you agree to first attempt to resolve the dispute informally by contacting us through the Contact page and providing a written description of the dispute and your desired resolution. We will attempt in good faith to resolve the dispute within thirty (30) days. If the dispute is not resolved within thirty (30) days, either party may initiate formal proceedings as described below.

3.3 Binding arbitration

BINDING ARBITRATION. Any dispute, claim, or controversy arising out of or relating to this Agreement or the Service that is not resolved informally shall be resolved exclusively by final and binding arbitration. The arbitration shall be conducted in Nairobi, Kenya, in the English language, by a single arbitrator selected by mutual agreement or, failing agreement, by an arbitration institution of recognized standing. The arbitrator's award shall be final and binding on the parties.

3.4 Arbitration procedures

The arbitration shall be confidential. Each party shall bear its own costs and attorneys' fees, except where the arbitrator determines that a party's claim or defense was frivolous or brought in bad faith. The arbitrator may award the same damages and relief as a court could award under applicable law, subject to the limitations of liability in this Agreement.

3.5 Class action waiver

CLASS ACTION WAIVER. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, collective, consolidated, or representative action. You waive any right to participate in a class action, class arbitration, or other representative proceeding against us. The arbitrator may not consolidate claims of more than one person and may not preside over any form of representative proceeding.

3.6 Small claims court

Notwithstanding the foregoing, either party may bring an individual action in small claims court in a court of competent jurisdiction if the claim qualifies.

3.7 Injunctive relief

Notwithstanding the agreement to arbitrate, we may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of our intellectual property, misappropriation of trade secrets, or violation of this Agreement's license restrictions.

3.8 No jury trial

To the extent permitted by law, you and we each waive any right to a trial by jury in any proceeding arising out of or related to this Agreement.

3.9 Jurisdiction

Any action not subject to arbitration shall be brought exclusively in the courts located in Nairobi, Kenya. You consent to the personal jurisdiction of those courts and waive any objection based on venue or forum non conveniens.

4.1 Third-party beneficiaries

This Agreement does not create any third-party beneficiary rights, except that our operators, affiliates, licensors, and service providers are intended third-party beneficiaries of the disclaimers, limitations of liability, and indemnification provisions and may enforce those provisions against you.

4.2 Relationship of parties

Nothing in this Agreement creates a partnership, joint venture, agency, fiduciary, or employment relationship between you and us. You have no authority to bind us or to incur obligations on our behalf.

4.3 Headings

Section and paragraph headings are for convenience only and have no legal effect in the interpretation of this Agreement.

4.4 Interpretation

In interpreting this Agreement: (a) "including" means "including without limitation"; (b) the singular includes the plural and vice versa; (c) references to a statute or regulation include any successor; (d) no presumption shall arise against the drafting party; and (e) references to sections are to sections of this Agreement unless stated otherwise.

4.5 Language

This Agreement is provided in the English language. If we provide translations, the English version controls in the event of any conflict.

4.6 Electronic communications

By using the Service, you consent to receiving electronic communications from us. You agree that any such communications satisfy any legal requirement that such communication be in writing.

For all legal, privacy, security, or general questions about this Agreement or the Service, use the in-app Contact page. For data protection requests or formal legal notices, physical mail may be sent to:

Alpha Analysis Tool Legal
P.O. Box 12345
Nairobi, Kenya

If you are located in the EU or UK and wish to lodge a complaint with a supervisory authority, you may contact the data protection authority in your country of residence.