LEGAL DISCLOSURES & RISK DISCLAIMERS
1. NO INVESTMENT ADVICE OR FINANCIAL SERVICES
This automated trading software (the "Software") is a technological execution tool and data delivery interface only. Keator Capital is not a registered investment advisor, broker-dealer, or financial analyst, and does not provide investment, legal, tax, or financial advice.
All software features, automated indicators, algorithmic structures, and analytical tools are provided strictly for educational, informational, and analytical purposes. No component of the Software, nor any documentation provided with it, constitutes a solicitation, recommendation, endorsement, or offer to buy or sell any stock, option, ETF, or other financial instrument. Trading involves substantial risk of loss and is not suitable for every investor.
2. AS-IS TECHNOLOGY LICENSE & NO WARRANTIES
THE SOFTWARE IS PROVIDED TO THE LICENSEE "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KEATOR CAPITAL EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Keator Capital does not warrant that operation of the Software will be uninterrupted, secure, or error-free; that the Software will meet your specific trading requirements; or that any financial outcomes or profits will be achieved through its use. Historical performance results of any algorithmic strategy are hypothetical, do not represent actual trading, and are not indicative of future performance results.
3. USER CONFIGURATION AND ABSOLUTE DISCRETIONARY RESPONSIBILITY
The Software executes trades automatically based entirely on parameters, risk settings, technical indicators, logic rules, and API connections exclusively inputted, controlled, and managed by the user.
You acknowledge and agree that you are the sole "human-in-the-loop" and maintain 100% operational, fiduciary, and legal responsibility for the Software's actions. You are entirely responsible for configuring, verifying, and testing all risk parameters and order sizes; actively monitoring live operation, active positions, and open orders; ensuring sufficient account capital; and manually intervening, disabling, or disconnecting the Software immediately in adverse market conditions or unintended software execution.
4. TECHNICAL, NETWORK, AND SYSTEMIC RISKS
Automated API trading is subject to severe structural, mechanical, and internet-based vulnerabilities. By utilizing this Software, you explicitly assume all risk and waive any claims against Keator Capital arising from API latency and disconnects; delays, dropped connections, data transmission failures, authentication errors, third-party data-feed failures, execution slippage, illiquidity, wide bid-ask spreads, sudden exchange halts, local or remote hardware malfunctions, operating system updates, power outages, internet service provider downtime, or third-party cloud hosting failures.
5. LIMITATION OF LIABILITY & $10,000 LIABILITY CAP
UNDER NO CIRCUMSTANCES SHALL KEATOR CAPITAL, ITS DEVELOPERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF CAPITAL, TRADING LOSSES, LOST PROFITS, BROKERAGE FEES, ACCOUNT LIQUIDATIONS, OPERATIONAL DOWNTIME, OR DATA CORRUPTION ARISING OUT OF OR RELEVANT TO THE USE OF, OR INABILITY TO USE, THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF KEATOR CAPITAL TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EXCEED TEN THOUSAND US DOLLARS ($10,000.00). THIS FIXED LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE ACQUISITION OF THE SOFTWARE LICENSE.
