Terms of Service

"API" means the Application Programming Interface provided by a third-party Exchange that allows you to connect your Exchange Account to our Service to execute trades.

"Content" means all information, data, text, graphics, news articles, links, AI analysis, and other materials available through the Service.

"Exchange" refers to a third-party cryptocurrency or financial exchange where you maintain a trading account, including but not limited to Hyperliquid and Aster.

"Service" refers to the ApeTheNews application and website, including all content, data, features, and functionality provided by the Company, which includes aggregating Content, providing AI analysis, and providing the Trading Functionality.

"Third-Party Content" refers to Content that originates from sources other than the Company, including news from Tree of Alpha, Phoenix News, Telegram channels, and other data providers.

"Trading Functionality" refers to the feature within the Service that allows a User to place trades on their own third-party Exchange account via an API connection.

"User," "you," or "your" refers to any individual or entity who accesses or uses the Service.

2.1. By accessing, browsing, or using the Service in any manner, you acknowledge that you have read, understood and agree to be legally bound by these Terms.

2.2. If you do not agree to these Terms, you must not register for, access or use the Service.

2.3. This agreement constitutes a legally binding contract between you and the Company.

2.4. Binding Agreement on Behalf of an Organization: If you use the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2.5. Notice Regarding Service Status: As an early-stage company, our Service is in active development. You acknowledge that the Service may be modified, interrupted, or discontinued at our sole discretion and accept the risks associated with using services from a developing company.

3.1. The Service is a news and information aggregator that collects and displays Content from various third-party sources. The Service is provided for informational and educational purposes only.

3.2. The Service provides AI-powered analysis and insights based on market data and news content. This analysis is for informational purposes only and does not constitute financial advice.

3.3. The Service also provides a Trading Functionality that allows Users to connect their personal accounts from third-party Exchanges via an API. This enables Users to execute trades on their Exchange account directly through the Service's interface based on the Content they are viewing.

3.4. The Company is not an exchange, broker, financial institution, creditor, or registered investment advisor.

3.5. The Service provides a tool to facilitate trading on external Exchanges. We do not have custody or control over your funds or assets and we do not execute the trades ourselves.

3.6. All trades are executed on your chosen Exchange and your relationship with that Exchange is governed by their terms and conditions.

3.7. Third-Party Exchange Terms: When you use the Trading Functionality to connect to any Exchange (including Hyperliquid, Aster, or any other supported exchange), you agree to comply with that Exchange's terms of service, eligibility requirements, geographic restrictions, and all other applicable policies. Each Exchange maintains its own terms and restrictions, and you are solely responsible for ensuring your compliance with them.

3.8. No Liability for Cryptocurrency Losses: To the maximum extent permitted by law, the Company shall not be liable for any losses related to your use of the Trading Functionality, including but not limited to losses arising from: market volatility, price fluctuations, or liquidity issues; theft, hacking, phishing attacks, or other unauthorized third-party activities; software bugs, vulnerabilities, or other technical failures; your failure to secure API keys or other credentials; regulatory action, sanctions, or changes in law; or the failure or misconduct of any third-party services, protocols, or exchanges.

3.9. AI Trading Functionality: The Service provides AI-powered autonomous trading capabilities that operate independently of your direct oversight. By using AI trading, you acknowledge and agree that: (a) AI trading uses third-party AI models to make autonomous trading decisions based on market analysis and news content; (b) AI trading operates 24/7 and may trade without your direct oversight or intervention; (c) You are solely responsible for setting appropriate risk tolerance levels and allocation parameters; (d) AI trading may use leverage up to 30x based on your risk settings and may place stop-loss and take-profit orders automatically; (e) AI trading decisions are not guaranteed to be profitable and may result in significant losses; (f) AI models may make incorrect or suboptimal trading decisions; and (g) You must monitor AI trading activity and stop it if necessary.

The Service is designed to be privacy-preserving. Sensitive personal data, including your Exchange API keys, is encrypted and stored securely. The Company maintains only minimal server-side user information necessary for account management and subscription services, such as your email address and subscription status. For more information about our data practices, please review our Privacy Policy.

If you are uncomfortable with storing your API keys on our Service, we recommend using a burner wallet or non-main wallet with limited funds to connect to the Service. This practice provides an additional layer of security by limiting your potential exposure in the event of any security incident.

5.1. The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Service for your personal, non-commercial use, subject to your compliance with these Terms.

5.2. The Service acts as an aggregator of Third-Party Content. The Company does not claim any ownership rights in the Third-Party Content. All intellectual property rights in the Third-Party Content are the property of their respective owners, creators or licensors. We make a reasonable effort to provide attribution to the original source and, where possible, a direct link to the source material. You agree to respect all copyright and other proprietary notices contained in any Third-Party Content.

5.3. The Company respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement under applicable law, please contact us via the details supplied under clause 18.

5.4. License Restrictions: You may not: (a) copy, modify, distribute, sell, or lease any part of our Service; (b) reverse engineer, decompile, disassemble, or attempt to extract the source code of our software, applications, or underlying technology; (c) access, scrape, crawl, or use automated means (including bots, scripts, or web scrapers) to extract data from our Service, databases, or APIs without our express written permission; (d) attempt to gain unauthorized access to our systems, databases, servers, networks, or any user accounts or data; (e) circumvent, disable, or interfere with security-related features or features that prevent or restrict use or copying of any content; (f) probe, scan, or test the vulnerability of our Service or breach any security or authentication measures; (g) use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of our Service; (h) use the Service for any illegal purpose or in violation of any applicable laws or regulations; or (i) assist or permit any third party in engaging in any of the activities described above.

5.5. Ownership: All rights, title, and interest in the Service and our intellectual property remain the exclusive property of the Company and its licensors.

6.1. Age Requirement: You must be at least eighteen (18) years old or the age of legal majority in your jurisdiction to use the Service. Minors may only use the Service with the consent and involvement of a parent or legal guardian who agrees to be bound by these Terms.

6.2. Account Creation: To access the Services, you are required to create an account, and you agree to provide accurate, current, and complete information when creating an account and to keep this information current.

6.3. Account Security: You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

6.4. You are solely responsible for managing and securing the API keys for your Exchange account. You understand that connecting your Exchange account to our Service via an API is done at your own risk. You agree to notify us immediately of any unauthorized use of your account or API keys.

6.5. Furthermore, you are solely responsible for: (a) maintaining the security and integrity of the personal computer, mobile device or other equipment used to access the Service; (b) ensuring your device's operating system and web browser are up-to-date with the latest security patches; (c) protecting your systems against malware, viruses, phishing attacks and other malicious software; and (d) securing the network connection used to access the Service. The Company shall not be liable for any loss or damage arising from your failure to comply with these security obligations.

6.6. Account Termination: We reserve the right to suspend or terminate your account and access to the Service at any time, for any reason or no reason, at our sole discretion, with or without notice, and without liability to you. This includes, but is not limited to, termination for breach of these Terms, suspicious activity, or at our convenience.

7.1. You agree to use the Service only for lawful purposes and in accordance with these Terms.

7.2. You are strictly prohibited from:

• Redistributing, republishing, reselling, or otherwise commercially exploiting any part of the Service or any Content from the Service.
• Using any automated system, such as "robots," "spiders," or "offline readers," to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional web browser.
• Attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service.
• Taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
• Using the Service for any illegal or unauthorized purpose.

8.1. All subscriptions are billed on a recurring basis as specified at the time of purchase. Current pricing is $88 per month.

8.2. All fees paid for subscriptions are strictly non-refundable. There will be no refunds or credits for partially used periods.

8.3. All payments made in connection with the Service are processed by our third-party payment processor, Whop. You agree to provide them with valid and current payment information and authorize them to charge your chosen payment method for your subscription. By making a purchase, you agree to be bound by Whop's Terms of Service and Privacy Policy. We are not responsible for the performance, security or practices of any third-party payment processors.

8.4. Subscriptions are for the subscriber's personal use only. Sharing, redistributing or republishing the Services or the Content is a material breach of these Terms and will result in immediate termination of your account without refund.

9.1. Jurisdictional Compliance: By using the Trading Functionality, you represent and warrant that: (a) your use of such services is legal in your city, state, and country of residence; (b) you are not located in, or a national or resident of, any jurisdiction where such access is prohibited; (c) you will comply with all applicable local, state, national, and international laws and regulations; and (d) you will cease using the services immediately if their use becomes illegal in your jurisdiction.

9.2. Acknowledgment of Extreme Risk & Risk Disclosure: The Trading Functionality involves substantial and extreme risk of financial loss. By using it, you acknowledge and accept that: (a) the value of digital assets is highly volatile, and you may suffer a partial or total loss of all funds; (b) all cryptocurrency transactions are irreversible once confirmed on the blockchain; (c) technical failures, software errors, malicious attacks, or human error may result in the permanent loss of your assets; (d) changes in the regulatory landscape may adversely affect the value, legality, and utility of your digital assets; (e) AI trading operates autonomously and may make trading decisions that result in significant losses; (f) AI models may make incorrect or suboptimal trading decisions; (g) AI trading operates 24/7 and may trade while you are not monitoring the Service; (h) you are solely responsible for monitoring AI trading activity and stopping it if necessary; and (i) AI trading performance is not guaranteed and past performance does not indicate future results.

9.3. You are solely responsible for all trading decisions and orders placed through your account. The Trading Functionality is provided as a convenience, and the ability to trade based on Content does not constitute a recommendation or solicitation to buy or sell any asset.

9.4. You acknowledge that using an internet-based trading system involves risks, including, but not limited to, the failure of hardware, software, API connectivity, and internet connection. You acknowledge that the Company is not responsible for any communication failures, disruptions, errors, distortions or delays you may experience when trading via the Service.

9.5. Your Sole Responsibilities: As a user of the Trading Functionality, you are solely responsible for: (a) securing and creating backups for all your API keys and credentials; (b) verifying all transaction details before submitting any trade; (c) complying with all tax reporting and payment obligations in your jurisdiction; (d) conducting your own research and understanding the specific risks of any asset you trade, including the high prevalence of fraud and market manipulation in cryptocurrency markets; (e) setting appropriate risk tolerance and allocation parameters for AI trading; (f) monitoring AI trading activity and stopping it if necessary; (g) understanding that AI trading operates autonomously and may trade without your direct oversight; (h) ensuring you have sufficient funds to cover potential losses from AI trading; and (i) understanding the limitations and risks of AI-powered trading decisions.

10.1. THE SERVICE AND ALL CONTENT PROVIDED THEREIN ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

10.2. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE OR CURRENT; (C) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (D) ANY TRADES PLACED VIA THE TRADING FUNCTIONALITY WILL BE EXECUTED SUCCESSFULLY, AT THE INTENDED PRICE, OR AT ALL; OR (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

10.3. YOU ACKNOWLEDGE AND AGREE THAT YOU ACCESS AND USE THE SERVICE AND ITS CONTENT AT YOUR OWN DISCRETION AND RISK.

11.1. THE CONTENT PROVIDED THROUGH THE SERVICE IS FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY.

11.2. THE COMPANY IS NOT A FINANCIAL ADVISOR, BROKER-DEALER OR REGISTERED INVESTMENT ADVISOR.

11.3. THE CONTENT IS NOT INTENDED TO BE, AND SHOULD NOT BE CONSTRUED AS FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER FORM OF PROFESSIONAL ADVICE.

11.4. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL ADVICE FROM A QUALIFIED ADVISOR.

11.5. ANY ACTION YOU TAKE UPON THE INFORMATION ON THE SERVICE IS STRICTLY AT YOUR OWN RISK.

11.6. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN INVESTMENT RESEARCH AND DECISIONS. WE STRONGLY RECOMMEND THAT YOU SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL BEFORE MAKING ANY FINANCIAL DECISIONS.

12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, DIGITAL ASSETS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY FAILURE, ERROR, OMISSION OR DELAY IN THE EXECUTION OF ANY TRADE THROUGH THE TRADING FUNCTIONALITY; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (D) ANY CONTENT OBTAINED FROM THE SERVICE; (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR API KEYS; (F) MARKET VOLATILITY, PRICE FLUCTUATIONS, OR LIQUIDITY ISSUES; (G) THEFT, HACKING, PHISHING ATTACKS, OR OTHER UNAUTHORIZED THIRD-PARTY ACTIVITIES; (H) SOFTWARE BUGS, VULNERABILITIES, OR OTHER TECHNICAL FAILURES; (I) REGULATORY ACTION, SANCTIONS, OR CHANGES IN LAW; (J) AI TRADING DECISIONS, PERFORMANCE, OR FAILURES; (K) AI MODEL ERRORS, LIMITATIONS, OR INCORRECT ANALYSIS; OR (L) AUTONOMOUS TRADING OPERATION WITHOUT YOUR OVERSIGHT.

12.2. Liability Cap: OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

12.3. No Guarantee of Service: We do not warrant that the Service will be uninterrupted, secure, or free of errors or harmful components.

You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation to any copyright, property or privacy right; (d) any claim that your use of the Service caused damage to a third party; or (e) your cryptocurrency trading activities and any losses or damages resulting therefrom. This defense and indemnification obligation will survive these Terms and your use of the Service.

The Service contains links to third-party websites or services that are not owned or controlled by the Company. We have no control over and assume no responsibility for, the content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

Third-Party News Providers: The Service aggregates cryptocurrency news from multiple third-party providers including Tree of Alpha (Tree News) and Phoenix News. News content is provided by these third parties and is governed by their respective terms of service. We do not claim ownership of news content and provide attribution to original sources where applicable.

TradingView Integration: The Service integrates charting functionality provided by TradingView Inc. TradingView charts and market data are provided for display and informational purposes only. This content is licensed exclusively for human-readable display and personal use. You expressly agree that you will NOT:

Any trading or order execution functionality provided by the Service operates independently from TradingView and does not utilize TradingView's content, market data, alerts, or webhooks for automated trading purposes. Our trading features connect directly to Exchange APIs and use Exchange-provided market data exclusively.

You are solely responsible for ensuring your use of TradingView's integrated features complies with their Terms of Use. Any violation of TradingView's terms may result in termination of your access to the Service. TradingView charts displayed within the Service include proper attribution as required by TradingView's Terms of Use. You may not remove, obscure, or alter any TradingView attribution or branding.

We make no representations or warranties regarding the accuracy, completeness, or timeliness of TradingView content. TradingView content is provided "as is" without any warranty of any kind.

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

16.1. Governing Law: These Terms shall be governed and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai, without regard to conflict-of-law principles.

16.2. Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre (DIAC), which Rules are deemed to be incorporated by reference into this clause. The seat of arbitration shall be Dubai, United Arab Emirates. The language of arbitration shall be English.

16.3. Class Action Waiver: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

16.4. Injunctive Relief: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

16.5. Consumer Protection: Mandatory consumer protections of your jurisdiction may still apply and may not be waived by this agreement to the extent such waiver is prohibited by applicable law.

17.1. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

17.2. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.3. These Terms constitute the entire agreement between you and the Company regarding our Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

17.4. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on the Service. Your continued use of the Service after any such change constitutes your acceptance of the new Terms.

If you have any questions about these Terms, please contact us at: support@apethenews.ai