Table of Contents
Welcome to the Terms of Service (these “Terms”) for the website, KAHROS (the “Website”), and the related mobile applications (the “App”) operated on behalf of KAHROS LLC (“Company”, “we” or “us”). The Website and any content, tools, AI features, market data, and functionality offered on or through our Website or the App are collectively referred to as the “Services”.
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms and (b) you agree to these Terms on the entity’s behalf.
SECTION 9 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE COMPANY’S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 9.
1. WHO MAY USE THE SERVICES
1.1 Eligibility.
You must be 18 years of age or older and reside in the United States or any of its territories to use the Services. By using the Services, you represent and warrant that you meet these requirements. We do not knowingly collect information from or direct the Services to children under the age of 13.
1.2 Geographic Restrictions.
The Services are based in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
2. USER ACCOUNTS, SUBSCRIPTIONS AND FREE TRIALS
2.1 Creating and Safeguarding your Account.
To use certain of the Services, you need to create an account or link another account, such as your Apple, Facebook or Google account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account via the "Settings" or "Profile" page within the App or Website. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at hello@kahros.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised.
2.2 Subscription Payment and Price Changes.
If you buy or subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) if you purchase a recurring subscription to any of the Services, we may store and continue billing your payment method to avoid interruption of such Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
Price Changes: We reserve the right to change our subscription plans or adjust pricing for the Services in any manner and at any time. If we increase the subscription fee, we will provide you with reasonable prior notice (e.g., via email or in-app notification). Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the modified fee amount.
2.3 Subscription Renewals and Cancellations.
You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then monthly) and at the then-current rates. To avoid future subscription charges, you must cancel your subscription at least 24 hours before the subscription period renewal date.
- Direct Subscriptions: If you subscribed directly through our Website, you may cancel by logging into your Account settings or contacting us at hello@kahros.com.
- App Store / Google Play: If you subscribed through a third-party app store (e.g., Apple App Store or Google Play), you must cancel through that provider’s account settings. We cannot cancel these subscriptions on your behalf.
2.4 No Subscription Refunds.
Except as expressly set forth in these Terms or as required by applicable law, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.
2.5 Free Trials.
You can sign up for a trial Account for the paid portion of the Services and your trial period starts on the day you create the trial Account and lasts for the duration indicated on your free trial confirmation email. You may view your trial end date in your Account settings. If you do not cancel your trial Account at the end of your free trial period, and we have notified you that your Account will be converted to a paid subscription at the end of the free trial period, you authorize us to charge your designated billing method for continued use of the paid Services.
3. ORDERS FOR PRODUCTS AND/OR SERVICES
3.1 Payment.
The Services may permit you to purchase certain other products or services through the Services (“Offerings”). You acknowledge and agree that all information you provide with regards to a purchase of Offerings is accurate, current and complete. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of, any Offerings, and (b) refuse to allow any user to purchase any Offering.
3.2 Promotional Codes.
We may offer certain promotional codes (“Promotional Codes”) that may be redeemed for discounts on future Offerings. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred; and (d) may be disabled by the Company at any time for any reason without liability.
3.3 Changes and Pricing.
The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Offerings. We reserve the right to change prices for Offerings displayed on the Services at any time, and to correct pricing errors that may inadvertently occur.
3.4 Return, Refund and Exchange Policy.
To request a return, refund, or exchange for any Offerings, please contact us directly at hello@kahros.com. We review such requests on a case-by-case basis. Please note that subscriptions are generally non-refundable as set forth in Section 2.4.
4. LOCATION OF OUR PRIVACY POLICY
4.1 Privacy Policy.
Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy.
5. RIGHTS WE GRANT YOU
5.1 Right to Use Services.
We hereby permit you to use the Services for your personal non-commercial use only, provided that you comply with these Terms. We hereby grant you a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services.
5.2 Restrictions On Your Use of the Services.
You may not do any of the following: (a) download, modify, copy, distribute, or create derivative works from the Services; (b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying AI models or algorithms); (c) use any robot, spider, crawlers, scraper, or other automatic device to access the Services; (d) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious; (e) use the Services for any commercial purpose without our consent; (f) use the Services in connection with any automated trading or execution systems; or (g) violate any applicable law or regulation in connection with your access to or use of the Services.
5.3 Watchlists and User Preferences.
The Services allow you to create "Watchlists" to track specific stocks, ETFs, or other assets. You acknowledge that these Watchlists are manually curated by you and do not represent a recommendation by KAHROS to buy or sell any specific asset. We do not connect to your brokerage accounts, execute trades, or hold custody of your funds.
5.4 AI Features and Outputs.
The Services may utilize artificial intelligence (“AI”) to generate insights, summaries, or responses (“AI Outputs”).
- Definition of Inputs: For purposes of these Terms, “Inputs” means any prompts, questions, data, text, or other content you submit to the Services.
- No Reliance: You acknowledge that: (a) AI Outputs are generated algorithmically and may not be accurate, complete, or suitable for your specific circumstances; (b) AI Outputs are for informational purposes only; and (c) you should not rely solely on AI Outputs for financial decisions.
- Use of Inputs: We may use your Inputs to operate, debug, and ensure the safety and quality of the Services for your specific session. However, we do not use your non-public personal data or Inputs to train our general AI models for the benefit of other users.
6. OWNERSHIP AND CONTENT
6.1 Ownership of the Services.
The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, AI models, algorithms, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services.
6.2 Ownership of Trademarks.
The Company’s name, KAHROS, the Company’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors.
6.3 Ownership of Feedback.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). All Feedback becomes the sole and exclusive property of the Company.
6.4 Your Content License Grant.
In connection with your use of the Services, you may be able to post, upload, or submit content (“Your Content”). By using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content but solely as required to be able to operate and provide the Services.
User Warranty: You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant the foregoing license, and that Your Content does not violate any applicable laws or infringe the rights of any third party.
6.5 Notice of Infringement — DMCA (Copyright) Policy.
Notices of copyright infringement claims should be sent by mail to: KAHROS LLC, Attn: Copyright Agent, 82 Wendell Ave. Ste 100, Pittsfield, MA 01201 USA; or by e-mail to hello@kahros.com.
7. THIRD PARTY SERVICES AND DATA PROVIDERS
7.1 Use of Third Party Data and Tools.
Certain financial market data, quotes, and information provided through the Services are sourced from Financial Modeling Prep ("FMP"). All such data is provided on an "AS IS" and "AS AVAILABLE" basis. FMP and its affiliates expressly disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, and non-infringement. FMP shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of or reliance on the market data. While we use FMP as a data source, FMP does not endorse, sponsor, or promote KAHROS, our Services, or any of our derived products or AI outputs.
Additionally, the Services utilize third-party tracking tools (such as pixels and cookies) from providers like Google and Cloudflare to analyze usage and deliver advertising. Your use of these third-party features is subject to their respective privacy policies and our Privacy Policy.
7.2 Third Party Materials.
Certain Services may display content or provide links to third-party websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, materials, or websites.
8. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
8.1 Disclaimers.
(a) Your access to and use of the Services are at your own risk. The Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
(b) NO FINANCIAL ADVICE. KAHROS IS A FINANCIAL MEDIA AND TECHNOLOGY COMPANY, NOT A FINANCIAL ADVISOR, BROKER-DEALER, OR INVESTMENT ADVISOR. THE SERVICES, INCLUDING ALL AI OUTPUTS, DATA, WATCHLISTS, AND CONTENT, ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. WE DO NOT PROVIDE PERSONALIZED INVESTMENT, LEGAL, OR TAX ADVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR FINANCIAL DECISIONS.
(c) NO WARRANTY OF ACCURACY. The Company Entities make no warranty or representation and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any data provided therein.
(d) JURISDICTIONAL SAVINGS CLAUSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8.2 Limitations of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS OR INVESTMENT LOSSES). THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8.3 Indemnification.
By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms; (b) your violation of any rights of any third party; (c) your misuse of the Services; or (d) your negligence or willful misconduct.
9. ARBITRATION AND CLASS ACTION WAIVER
9.1 PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
9.2 Informal Process First.
You and the Company agree that in the event of any dispute, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond.
9.3 Arbitration Agreement and Class Action Waiver.
After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Company’s services and/or products will be resolved by arbitration. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures.
- Location: Arbitration will take place in Boston, Massachusetts, or via remote videoconference if mutually agreed upon or required by the arbitrator.
- Individual Basis: Any arbitration under these Terms will take place on an individual basis — class arbitrations and class actions are not permitted.
9.4 Exceptions.
Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction: (a) disputes or claims within the jurisdiction of a small claims court; (b) disputes or claims where the sole form of relief sought is injunctive relief; or (c) intellectual property disputes.
9.5 Opt-Out.
You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to hello@kahros.com or to the U.S. mailing address listed in the “How to Contact Us” section. The notice must be sent to the Company within thirty (30) days of your first registering to use the Services.
9.6 WAIVER OF RIGHT TO BRING CLASS ACTION.
To the fullest extent permitted by applicable law, you and the Company each agree that any proceeding to resolve any dispute will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS ACTION.
9.7 Survival.
This Section 9 shall survive the termination of these Terms and your use of the Services.
10. ADDITIONAL PROVISIONS
10.1 SMS Messaging and Phone Calls.
Certain portions of the Services may allow us to contact you via telephone or text messages. You understand that you may opt out of receiving text messages from us at any time, either by texting the word “STOP” to the number sending the message, or by contacting hello@kahros.com.
10.2 Updating These Terms.
We may modify these Terms from time to time in which case we will update the “Adopted” date at the top of these Terms. If we make material changes, we will provide you with reasonable notice (e.g., via email or in-app notification). Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
10.3 Termination.
If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services with or without notice, for any or no reason.
Survival: All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms, including but not limited to Ownership, Disclaimers, Limitation of Liability, Indemnification, and Arbitration.
10.4 California Residents.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
10.5 U.S. Government Restricted Rights.
The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101.
10.6 Export Laws.
You agree that you will not export or re-export, directly or indirectly, the Services to any country for which the United States requires any export license or other governmental approval.
10.7 Miscellaneous.
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 9, or if arbitration does not apply, then the state and federal courts located in Suffolk County, Massachusetts.
10.8 How to Contact Us.
You may contact us regarding the Services or these Terms at:
KAHROS LLC
82 Wendell Ave. Ste 100
Pittsfield, MA 01201 USA
hello@kahros.com
