Terms of Service

Last Updated & Version: Version 2.0 (Effective Immediately).

These Terms of Service (“Terms”, “Agreement”) constitute a legally binding contract between Kestrel Technologies Ltd. (“the Operator”, “Kestrel”, “we”, “us”, or “our”) and any person or entity (“User”, “Client”, or “you”) accessing or using the Kestrel website, trading software, algorithmic infrastructure, or related services (collectively, the “Platform” or “Services”).

IMPORTANT NOTICE: READ THE RISK DISCLOSURE BEFORE ACCESSING OR COMMITTING CAPITAL TO THIS PLATFORM. Financial trading involves substantial risk of loss, including the possible loss of all invested principal. These Terms contain a mandatory individual binding arbitration agreement and class action waiver in Section 12 and Section 13 that govern how legal disputes are resolved.

1. Regulatory Status & Geographic Restrictions

The Operator is organized under International Business Company regulations in accordance with the laws of Saint Vincent and the Grenadines. In accordance with public advisory guidance issued by the Financial Services Authority of Saint Vincent and the Grenadines (SVG FSA), the SVG FSA does not license, regulate, or supervise commercial foreign exchange, CFD, or cryptocurrency trading activities. The Operator operates strictly as an independent software technology and quantitative automated execution SaaS provider on an execution-only basis. The Operator does not operate as a licensed bank, collective investment scheme, securities broker-dealer, or custodial depository institution.

Prohibited Jurisdictions: The Services are strictly not directed to, offered to, or permitted for use by any person or entity residing in or citizen of:

• The United States of America (including US Persons as defined under Regulation S of the US Securities Act of 1933 or under the Commodity Exchange Act);
• Jurisdictions identified by the Financial Action Task Force (FATF) as high-risk or non-cooperative;
• Countries or regions subject to comprehensive international financial sanctions (including OFAC, EU, or UN sanctions lists);
• Any jurisdiction where accessing or using automated derivative trading services would be contrary to applicable local law or regulation.

By accessing or using the Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of any prohibited jurisdiction. You assume sole and absolute responsibility for verifying that your use of the Platform complies with all laws, tax obligations, and regulations applicable to you.

2. Nature of Services

Kestrel provides algorithmic trading technology and quantitative signal execution software designed for foreign exchange, index contracts for difference (CFDs), and commodity markets. Services are provided on an “execution-only” basis. No communication from the Operator or Platform shall be construed as personal investment, legal, tax, or financial advice. The Operator offers two distinct service models:

2.1 Managed Brokerage Account Service

Under the Managed Account service, you maintain an independent account with a supported third-party brokerage (such as Exness) in your own legal name. You provide trade-only API or platform credentials allowing our software to execute automated orders:

• Custody: Your funds remain in your exclusive custody with your independent broker at all times. The Operator never holds, touches, or transfers client funds on managed accounts.
• Zero Withdrawal Permissions: The software connection is technically restricted to trade-only execution and cannot initiate withdrawals or balance transfers.
• User Control: You retain complete discretionary control and may pause the bot, disconnect credentials, or manually close open positions at any time via your broker portal.
• Pricing: Charged as a flat recurring software license pass as displayed on the active pricing schedule, payable regardless of market performance or account profitability.

2.2 Pooled Trading Account Service

Under the Pooled Account service, client capital is aggregated within master trading accounts operated by Kestrel, enabling micro-investment allocations from $0.50 with institutional volume execution:

• Unit Accounting: Your participation is recorded strictly in fractional units. Deposits purchase units at the prevailing Net Asset Value (NAV) per unit. Withdrawals redeem units at the NAV calculated upon processing.
• Strict Pro-Rata Distribution: Trading results alter the NAV per unit and never the quantity of units credited to your balance. Your capital shares strictly and proportionally in trading profits and losses.
• Non-Fiduciary Holding: Capital is held in master operational and brokerage trading accounts. Participation is purely contractual and does not create any trust, fiduciary, or partnership relationship between you and the Operator.

3. Fee Schedule & High-Water Mark

High-Water Mark Protection: In the Pooled Account service, performance fees are assessed strictly on net profits above the previous highest equity peak achieved by your individual account. If your holding experiences a market drawdown and subsequently recovers, zero performance fee is charged on the recovery until new net profit ground is broken.

4. Deposits & Blockchain Transactions

• The minimum acceptable deposit to the pooled account is $0.50 USD.
• All deposits are completed via supported cryptocurrency networks (such as USDT on BEP20 or TRC20) to the designated deposit address generated in your member dashboard.
• You must submit the genuine transaction hash (TxID) for verification. Units are credited only after blockchain confirmation and automated or administrative verification.
• Client Responsibility for Transfers: Cryptocurrency transactions are irreversible. Sending unsupported tokens, sending across incorrect networks, or depositing to obsolete addresses will result in permanent loss. The Operator accepts no liability for blockchain transfer mistakes committed by the User.

5. Withdrawals & Payout Security

• The minimum allowable withdrawal is $10 USD. This operational minimum ensures processing costs do not disproportionately consume the redeemed balance.
• All withdrawal requests are subject to anti-fraud auditing, transaction reconciliation, and security review before crypto release.
• Units are liquidated at the prevailing NAV at the exact time the withdrawal request is executed by our treasury system.
• The Operator reserves the right to decline or place a temporary security hold on any withdrawal request that fails identity verification, exhibits suspicious activity, or where processing would violate anti-money laundering regulations.

6. Know-Your-Customer (KYC) & Anti-Money Laundering (AML)

The Operator adheres strictly to international AML and Counter-Terrorist Financing (CTF) standards. We reserve the right at any time to require proof of identity, government-issued photo identification, proof of address, and source-of-wealth documentation prior to approving account actions, allocations, or withdrawal requests. Failure to provide requested compliance verification may result in immediate suspension of account privileges.

7. Capital at Risk & Absolute Disclaimer of Guarantees

TOTAL LOSS WARNING: TRADING DERIVATIVES, FOREIGN EXCHANGE, AND LEVERAGED INSTRUMENTS INVOLVES EXTREME RISK OF CAPITAL LOSS. YOU MAY LOSE SOME OR ALL COMMITTED CAPITAL. DO NOT COMMIT FUNDS THAT YOU CANNOT AFFORD TO LOSE COMPLETELY.

Historical continuous execution records, verified trading logs, statistical expectancy ratios, and performance figures displayed on this website are published for illustrative and informational transparency only. PAST PERFORMANCE DOES NOT GUARANTEE, PREDICT, OR WARRANT FUTURE RESULTS. Financial markets are subject to unpredictable macroeconomic shocks, geopolitical events, liquidity vacuums, and structural volatility changes that cannot be anticipated.

8. User Warranties & Prohibited Conduct

You expressly warrant and agree that you:

• Are at least 18 years of age and possess full legal capacity to enter into binding agreements;
• Are utilizing funds derived solely from lawful sources and not from illicit, fraudulent, or criminal activities;
• Will safeguard your account login credentials, OTP codes, and private keys, assuming complete liability for all activities executed under your credentials;
• Will maintain only one active account per individual, unless explicitly authorized in writing by the Operator;
• Will not attempt to reverse engineer, decompile, scrape, overload, inject malicious code into, or disrupt the Platform infrastructure.

9. Suspension, Freezes, and Termination

The Operator reserves the discretionary right to suspend, freeze, or terminate your account and access to the Services immediately, with or without prior notice, if: (a) you breach any term of this Agreement; (b) we suspect fraudulent, abusive, or unlawful activity; (c) required by legal, judicial, or regulatory authorities; or (d) we elect to discontinue the Services.

Upon orderly termination unrelated to fraud or regulatory freezing, remaining legitimate client balances will be returned through the standard withdrawal process in accordance with Section 5.

10. Limitation of Liability & Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, SOFTWARE, AND PLATFORM ARE PROVIDED ON AN“AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL THE OPERATOR, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR:

• Any market trading losses, drawdowns, capital depreciation, or missed profit opportunities;
• Execution slippage, spread widening, pricing latency, or order requotes occurring during volatile market conditions;
• Insolvency, fraud, technical failure, server downtime, or execution outages of third-party brokers (including Exness), liquidity providers, or payment gateways;
• Blockchain network congestion, hard forks, delayed confirmations, gas spikes, or wallet software defects;
• Any indirect, punitive, special, incidental, or consequential damages whatsoever, even if advised of the possibility of such damages.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE OPERATOR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES SHALL UNDER NO CIRCUMSTANCES EXCEED THE TOTAL SUM OF FEES ACTUALLY RECEIVED BY THE OPERATOR FROM YOU IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD), WHICHEVER IS LESS.

11. Client Indemnification

You agree to defend, indemnify, and hold completely harmless the Operator, its parent entities, affiliates, subsidiaries, officers, directors, employees, contractors, and agents from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, and expenses (including legal and attorneys’ fees) arising from: (a) your use of or access to the Platform; (b) your breach or violation of any provision of these Terms; (c) your violation of any applicable law or rights of any third party; or (d) any dispute between you and any third-party broker or financial institution.

12. Mandatory Binding Individual Arbitration

PLEASE READ THIS ARBITRATION CLAUSE CAREFULLY, AS IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, controversy, claim, or difference of any kind arising out of, relating to, or in connection with these Terms, the Platform, or the Services (including questions regarding existence, validity, interpretation, performance, breach, or termination) shall be referred to and finally resolved by confidential, binding arbitrationconducted in the English language in accordance with international arbitration rules.

The seat and legal venue of arbitration shall be Saint Vincent and the Grenadines. The arbitral tribunal shall consist of a single neutral arbitrator appointed in accordance with said rules. The arbitrator’s award shall be final, non-appealable, and binding on all parties, and judgment on the award may be entered and enforced in any court of competent jurisdiction.

13. Mandatory Class Action and Representative Proceeding Waiver

CLASS ACTION WAIVER: YOU AND THE OPERATOR MUTUALLY AGREE THAT ALL CLAIMS, DISPUTES, OR ARBITRATIONS MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, MASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator or judicial officer shall have no authority or power to consolidate more than one person’s claims, conduct any class or representative arbitration, or award relief to any person not individually a party to the proceeding. You voluntarily and knowingly waive any right to participate in or initiate a class action lawsuit against the Operator.

14. Force Majeure

The Operator shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, governmental embargoes, regulatory orders, internet infrastructure breakdowns, electrical grid collapse, major cyberattacks, or sovereign market halts.

15. Governing Law

These Terms, their interpretation, validity, and any contractual or non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the substantive laws of Saint Vincent and the Grenadines, excluding its conflicts of law principles.

16. Severability, Entire Agreement & Modifications

Severability: If any provision or portion of these Terms is determined by an arbitrator or court of competent jurisdiction to be unlawful, void, or unenforceable, that specific provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

Entire Agreement: These Terms, together with the Risk Disclosure and Privacy Policy, constitute the entire and integrated agreement between you and the Operator concerning the Services, superseding all prior discussions or representations.

Modifications: The Operator may modify these Terms at any time by publishing updated versions. Material amendments will be indicated with an updated version number. Continued access to or use of the Platform after changes take effect constitutes full acceptance of the updated terms.

17. Legal Contact & Official Inquiries

For inquiries regarding these Terms or formal legal notices, contact the Operator’s compliance department at: support@kestrelgrow.site.