Terms of Service

1. Agreement to These Terms

These Terms of Service ("Terms") are a binding agreement between you and AutoApe LLC ("AutoApe", "we", "us", "our") governing your access to and use of the AutoApe website (autoape.io), the AutoApe desktop application, the AutoApe data services and APIs, and all related software, content, and services (together, the "Service"). By creating an account, subscribing, installing the desktop application, accepting the in-app risk disclosure, or otherwise using any part of the Service, you agree to these Terms and to our Privacy Policy and Risk Disclaimer, both of which are incorporated into these Terms by reference. The acceptance you give when subscribing on the website and the acceptance you give inside the desktop application cover this same agreement. If you use the Service on behalf of an entity, you represent that you have authority to bind that entity. If you do not agree, do not use the Service.

2. Eligibility & Legal Compliance

You must be at least 18 years of age (or the age of legal majority in your jurisdiction, whichever is greater) and legally capable of entering into a binding contract. You may not use the Service if you are subject to economic or trade sanctions administered by any governmental authority — including designation on any sanctions or blocked-persons list of the United Nations, the European Union or its Member States, the United States, or the United Kingdom — or if you are located in a jurisdiction subject to comprehensive embargo. You agree not to use VPNs or other techniques to circumvent these restrictions.

You are solely responsible for ensuring that your use of the Service — including automated trading on any brokerage, exchange, or blockchain network — is lawful where you live. The Service is not available in jurisdictions where automated trading tools are prohibited. We have no obligation to monitor your compliance and are not liable for your failure to comply with any law or regulation, including tax, securities, commodities, and market-integrity rules.

3. The Service; Not a Broker, Adviser, or Custodian

AutoApe is software. The Service provides tools — market scanning, charting, data feeds, strategy configuration, backtesting, AI-assisted optimization, and automated order placement — that operate on accounts you hold with third-party brokerages and exchanges (for example Charles Schwab, Alpaca, OANDA, or centralized crypto exchanges) and on blockchain wallets you control.

AutoApe LLC is not a broker-dealer, exchange, custodian, money transmitter, money services business, commodity trading advisor, or investment adviser, and is not registered with the SEC, CFTC, FINRA, NFA, FinCEN, or any equivalent body in any jurisdiction. We never hold, transmit, or take possession of your funds or assets. Nothing in the Service — including signals, scores, strategy presets, AI-generated suggestions, backtest results, leaderboards, or documentation — constitutes financial, investment, legal, accounting, or tax advice, or a recommendation or solicitation to buy or sell any asset. No fiduciary duty is created by these Terms or by your use of the Service, and to the fullest extent permitted by law we disclaim any such duty.

4. Account Registration & Security

You must create an account and provide accurate, current information. You are responsible for the confidentiality of your account credentials and your local vault master password, and for all activity under them. Your brokerage API keys and wallet private keys are encrypted and stored locally on your device; we never receive them and cannot recover them. Anyone with access to your device and master password can trade your accounts and move your crypto — secure them accordingly. Notify us immediately at info@autoape.io of any unauthorized use of your account.

5. Subscriptions, Billing & Refunds

The Service is offered on a subscription basis, billed monthly or annually in advance through our payment processor (Stripe). Subscriptions renew automatically unless cancelled before the end of the current billing period; cancellation takes effect at period end and you retain access until then. Refunds are available within the first thirty (30) days of your initial subscription; otherwise, except where required by law, fees are non-refundable, including for partial periods or unused features. We may change pricing or plan features with notice effective at your next renewal. Taxes are your responsibility where applicable.

6. License & Intellectual Property

The Service — including all software, design, branding, and content — is owned by AutoApe LLC and its licensors and is protected by copyright, trademark, and other intellectual-property laws. The software is licensed, not sold. Your subscription grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the desktop application on devices you control, for your own trading, during your active subscription. All rights not expressly granted are reserved. Feedback you submit may be used by us without restriction or compensation.

7. Acceptable Use

You agree not to, and not to assist anyone else to:

• use the Service for any unlawful purpose, or in violation of any market-integrity rule or regulation (including market manipulation, spoofing, wash trading, or trading on material non-public information);
• share, resell, rent, or sublicense your account, license keys, or subscription benefits;
• decompile, reverse engineer, or otherwise attempt to derive the source code of the Service, except to the extent such restriction is prohibited by law;
• probe, scan, overload, disrupt, or compromise any system, or circumvent any usage limit, rate limit, or restriction of your subscription plan;
• attempt to obtain another user's credentials, keys, or data;
• use the Service with the direct or indirect proceeds of criminal or fraudulent activity; or
• infringe any intellectual-property, privacy, or publicity right.

8. Automated Trading Risk

The Service executes automated ("bot") trading strategies across cryptocurrencies (decentralized and centralized exchanges), equities, and foreign exchange. You acknowledge and agree that:

• Trading is inherently risky. You can lose some or all of the money in any connected account or wallet. Only trade with funds you can afford to lose entirely.
• Automation amplifies risk. An automated strategy can place many orders quickly, react to bad or stale data, behave unexpectedly in unusual market conditions, and continue trading while you are not watching. An unmonitored bot can incur large losses before you intervene. You are solely responsible for configuring, supervising, and stopping every strategy you run.
• Past performance is not predictive. Backtests, simulations, paper-trading results, scores, and historical statistics do not predict future results. Live execution differs from simulation (slippage, fees, latency, liquidity, partial fills). Hypothetical performance results have inherent limitations and no representation is made that any account will achieve results similar to those shown.
• Data and connectivity can fail. Quotes, candles, scores, and other data may be delayed, incomplete, or wrong; order routing depends on third-party APIs that can be slow, unavailable, or erroneous.
• Every trade is your trade. Every order the Service places — including orders placed by a strategy running unattended — is placed on your instruction, under your configuration, on your account, and at your sole risk.

The full Risk Disclaimer contains additional asset-class-specific disclosures and is part of these Terms.

9. Self-Custody & Crypto-Specific Terms

Crypto features operate on wallets you control. We do not have access to your private keys or seed phrases, cannot recover them if lost, and cannot reverse, cancel, or modify any blockchain transaction. We do not own or control any blockchain network, decentralized exchange, or token, and are not responsible for their operation, security, or value. Newly launched tokens and meme coins are high-risk speculation: many are scams or "rug pulls" and can become worthless in seconds, and liquidity can disappear so that you cannot sell. Token, pool, and safety scores shown by the Service are heuristics, not guarantees.

10. Third-Party Services

The Service interoperates with third-party brokerages, exchanges, blockchains, data providers, and payment processors. Your relationship with each of them is governed solely by their terms, and you are responsible for complying with those terms. We are not responsible for their acts, omissions, outages, execution quality, data errors, or fees, and we make no representation about their reliability or fitness. Issues with third-party platforms may impact your trading results without liability to us.

11. Market Data & Accuracy

Market data, price feeds, charts, indicators, scores, and analytics are furnished on an "as is" and "as available" basis for informational purposes only. We do not guarantee the accuracy, completeness, timeliness, or reliability of any data displayed in the Service. Data may be delayed, incomplete, or erroneous due to third-party provider limitations, network latency, or processing. You are solely responsible for independently verifying data before making any trading decision, and we are not liable for losses resulting from reliance on data provided through the Service.

12. Service Availability & Maintenance

We may perform scheduled or emergency maintenance at any time, with or without notice. During maintenance or outages, the Service — including market data feeds, bot execution, and analytics — may be unavailable or degraded. Continuous, uninterrupted access is not guaranteed, and we are not liable for trading losses, missed opportunities, or other damages arising from interruptions, downtime, degraded performance, or delays in data delivery. We may modify or discontinue features at any time.

13. Disclaimer of Warranties

The Service is provided "as is" and "as available", without warranty of any kind, express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. Without limiting the foregoing, we do not warrant that the Service will be uninterrupted, timely, secure, or error-free; that data will be accurate, complete, or current; that defects will be corrected; or that any strategy will be profitable or behave as configured. The software may contain errors and bugs, and you assume the entire risk of using it for live trading. Your use of the Service is at your sole risk.

14. Limitation of Liability

To the fullest extent permitted by law, AutoApe LLC and its members, managers, officers, employees, contractors, agents, licensors, and affiliates shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, trading losses, loss of assets or data, loss of goodwill, or cost of substitute services, arising out of or relating to the Service or these Terms — including, without limitation, losses caused by software errors or defects, inaccurate or delayed data, service interruptions, third-party API failures, or the behavior of automated strategies (whether or not supervised) — even if we have been advised of the possibility of such damages, and regardless of the theory of liability (warranty, contract, tort, negligence, statute, or otherwise).

In no event shall our total aggregate liability arising out of or relating to the Service exceed the greater of (a) the subscription fees you paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00). Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the maximum extent permitted by law.

15. No Guaranteed Profits

AutoApe does not guarantee any profits, returns, or specific trading outcomes. There is no assurance that any strategy, bot, signal, or feature of the Service will generate positive returns. Trading in financial markets is inherently risky and may result in the loss of your entire investment. Never invest more than you can afford to lose.

16. Assumption of Risk; Release

You knowingly and voluntarily assume all risks of using the Service, including those described in Section 8 and the Risk Disclaimer, and — to the fullest extent permitted by law — you release AutoApe LLC and the parties listed in Section 14 from all liability for trading losses incurred on your accounts and wallets, whether arising from your configuration, market conditions, third-party failures, or errors in the Service itself.

17. Indemnification

You agree to defend, indemnify, and hold harmless AutoApe LLC and the parties listed in Section 14 from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your access to and use of the Service; (b) your violation of these Terms or any law; (c) trading activity on your accounts and wallets; or (d) any other party's use of the Service with your credentials or assistance.

18. Tax Obligations

You are solely responsible for determining and fulfilling all tax obligations arising from your trading activity, including capital gains, income, and any other applicable taxes in your jurisdiction. AutoApe does not provide tax advice, does not report your trading activity to tax authorities, and is not responsible for any tax liability you incur.

19. Margin, Leverage & Liquidation

If you trade on margin or with leverage through third-party brokers connected to the Service, you accept the heightened risks involved: leveraged positions can result in losses exceeding your initial deposit, and brokers may issue margin calls or force-liquidate positions without notice. AutoApe is not responsible for margin calls, forced liquidations, or any losses from leveraged trading. You are solely responsible for understanding and managing your margin and leverage exposure.

20. Referral Program

AutoApe offers a voluntary referral program that allows active subscribers to earn subscription credits by referring new users. By participating, you agree that:

• you must hold an active, paid subscription to participate and receive credits;
• for each referred user who maintains an active paid subscription, you receive a $1/month credit applied to your next invoice, capped at the price of your own plan;
• credits are not redeemable for cash, are non-transferable, and have no monetary value outside of reducing your subscription cost;
• if a referred user cancels, the corresponding credit is removed;
• spam, deceptive practices, self-referrals, and misleading marketing are prohibited and result in removal from the program and forfeiture of all credits;
• we may modify, suspend, or terminate the program at any time; and
• in promotional materials you must clearly disclose your referral relationship in compliance with FTC guidelines (e.g., "I may earn credits if you sign up through my link").

21. Termination

You may cancel your subscription at any time through your account settings. We may suspend or terminate your access at any time for breach of these Terms, suspected fraud or abuse, legal requirement, or risk to the Service or other users. Upon termination your license ends and your right to use the Service ceases; provisions that by their nature should survive (including Sections 3, 8–9, 13–19, and 22–23) survive.

22. Dispute Resolution — Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Informal resolution first. Before filing a claim, you and AutoApe agree to try to resolve any dispute informally: send a written description of the dispute to info@autoape.io and allow thirty (30) days for resolution before commencing arbitration.

Binding arbitration. Except for disputes that qualify for small-claims court or in which either party seeks injunctive or other equitable relief for infringement or misuse of intellectual property, any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration may be conducted remotely by videoconference or, if in person, in the county where you reside. The arbitrator's award may be entered in any court of competent jurisdiction.

You and AutoApe each waive the right to a trial by jury and agree that any arbitration shall be conducted on an individual basis only — not as a class, consolidated, or representative action. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court.

Opt-out. You may opt out of this arbitration agreement by emailing info@autoape.io with the subject "Arbitration Opt-Out" within thirty (30) days of first accepting these Terms. Opting out does not affect any other provision of these Terms.

Governing law. These Terms are governed by the laws of the state in which AutoApe LLC is organized, without regard to conflict-of-laws principles, and by the U.S. Federal Arbitration Act with respect to this Section 22.

23. General

Changes. We may amend these Terms by posting the revised version with an updated date; material changes will be notified via email or through the Service, and continued use after they take effect constitutes acceptance. Severability. If any provision is held unenforceable, the remainder stays in force and the provision will be modified to the minimum extent necessary. No waiver. Our failure to enforce a provision is not a waiver. Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Entire agreement. These Terms, the Privacy Policy, the Risk Disclaimer, and any plan-specific terms are the entire agreement between you and AutoApe regarding the Service and supersede all prior agreements.

24. Contact

Questions about these Terms: info@autoape.io.