Terms and conditions

These terms and conditions (the Terms) govern access to and use of the audalyst.com website, the app.audalyst.com application and any other service we offer under the Audalyst brand (together, the Service). The Service is provided by Audalyst SL, a Spanish limited liability company (Audalyst, we, us).

By joining the waitlist, creating an account or using the Service, you accept these Terms and confirm that you have read the Privacy policy. If you do not agree, do not use the Service.

1. Definitions

• User or you: the person who joins the waitlist, holds an account or uses the Service in any way.
• Account: your personal access to the application, protected by your credentials.
• Exchange: the crypto-asset trading platform where you trade and whose trades you connect to the Service.
• API Keys: the credentials you create on your Exchange so the Service can read your data.
• Your Data: the information the Service obtains from your Exchange or your tools, and the information you enter (notes, tags, configurations, answers to flags).
• Beta: the current, invite-only phase of the Service, under active development.

2. What Audalyst is

Audalyst is a tool for analyzing your own trading history in crypto perpetual futures. Using the read-only API Keys you provide, it reads your closed trades with their fees and funding, links them to your signals and configurations, and gives you statistics, breakdowns, a journal, behavior flags and, in the lab, simulations and optimizations on historical data.

Available features, supported exchanges and usage limits may change over time. The current description is the one on the website and inside the application.

3. What Audalyst is not

• It is not financial or investment advice. Nothing the Service shows (figures, charts, flags, simulations, optimizations or text) is a personal recommendation or an invitation to buy, sell or hold any instrument. Audalyst is not an investment firm and is not registered as one.
• It does not trade for you. The Service does not open, change or close positions, does not send orders and does not move funds. The API Keys you connect must be read-only.
• It does not hold your money. Your funds and positions always stay on your Exchange.
• It does not guarantee results. Simulated or optimized results describe what would have happened in the past under specific assumptions. They do not predict the future and are not real results.

Trading crypto-assets and leveraged derivatives carries a high level of risk, including the loss of all your capital. All your trading decisions are yours alone and at your own risk. If you need financial, tax or legal advice, consult a licensed professional.

4. Beta, invitations and waitlist

• During the Beta, access is by invitation. Joining the waitlist does not entitle you to an account or to access on a given date, and does not commit you to anything.
• A Beta service may contain errors, change significantly, suffer interruptions or lose data. We recommend keeping your own copy of anything you do not want to lose (for example, important notes or configurations).
• Features marked beta inside the application, such as the lab, are at an even earlier stage and are offered so you can try them and give us feedback.
• We may end, limit or replace the Beta with a commercial version. We will give you reasonable notice whenever possible.

5. Who may use the Service

• You must be over 18 and legally able to accept these Terms. If you are not, you may not use the Service.
• You must be allowed to use this kind of tool and to trade crypto-assets under the law of your country of residence. Checking this is your responsibility.
• We may decline an access request or an invitation without giving reasons, in particular if an account of yours was previously closed for breaching these Terms.

6. Your account

• The details you give us (name, email, country) must be true and up to date.
• Your Account is personal and non-transferable. Do not share it or let anyone else sign in with your credentials.
• You are responsible for keeping your password safe and for everything done from your Account. If you sign in with Google, you are also responsible for the security of your Google account.
• If you suspect someone has accessed your Account, change your password immediately and write to us at support@audalyst.com.

7. Connecting your exchange

• You may only connect Exchange accounts that are yours or that you are authorized to use.
• API Keys must be created with read permission only, without trading or withdrawal permissions. If you connect a key with broader permissions, you do so at your own risk; the Service never uses them.
• We store your API Keys encrypted, and only the server decrypts them, at the moment it reads your data. You can revoke them at any time from your Exchange; from then on the Service will stop receiving new data from that account.
• Data comes from your Exchange and other market data sources. It may arrive incomplete, late or with errors beyond our control. In case of any discrepancy, your Exchange's records prevail.
• Questions about your trades, funds, fees or settlements must be resolved with your Exchange. We are not a party to your relationship with it.

8. TradingView alerts and other tools

If you send alerts to the Service from TradingView or other tools, you will do so with a personal key we provide. Treat it like a password: anyone who has it can send signals to your Account. You can revoke it and create a new one at any time. Those tools are governed by their own terms and we are not responsible for how they work.

9. The example trader

So you can get to know the application before connecting your accounts, the Service may show you an example trader with fictitious data. That data is not anyone's real results, does not represent what you can expect and is not a promise of profit. The screenshots on the website come from that example.

10. Price, plans and usage limits

• During the Beta the Service is free and we do not ask for any payment method.
• Your plan may have usage limits (for example, the number of connected accounts or optimizations per month). You can see them inside the application.
• If we offer paid plans in the future, their prices, taxes, payment method, renewal, cancellation and withdrawal rights will be published beforehand, in their own purchase terms. We will never charge you anything unless you first expressly accept those terms and a specific price.

11. Acceptable use

When using the Service you agree not to:

• Try to access accounts, data or systems that are not yours.
• Bypass or probe the Service's security, usage limits or access controls, or use undocumented interfaces.
• Extract data automatically (scraping), send mass requests or use the Service in a way that overloads or harms it.
• Copy, modify, decompile or reverse engineer the software, except where the law expressly allows it.
• Resell, rent or give third parties access to the Service or its results, or use it to provide services to others, without our written permission.
• Introduce malicious software or unlawful content.
• Use the Service for any purpose contrary to the law or to these Terms.

12. Your data

• Your Data belongs to you. We do not acquire any ownership of it.
• You grant us a limited, non-exclusive, free licence to store, process and display it for the sole purpose of providing the Service to you, while you hold the Account and for the periods set out in the Privacy policy.
• We do not sell Your Data or use it for advertising. How we process it, where it is stored and how to exercise your rights is explained in the Privacy policy.
• You can ask us for a copy of Your Data or for its deletion by writing to support@audalyst.com.

13. Feedback

If you send us ideas, suggestions or comments about the Service, we may use them freely to improve it, with no obligation to pay or credit you. This does not include Your Data.

14. Intellectual and industrial property

The Service, its software, design, text, graphics, the Audalyst brand and its logos belong to Audalyst SL or its licensors and are protected by law. We grant you a personal, limited, revocable, non-exclusive and non-transferable right to use the Service in accordance with these Terms. No other right is granted to you.

15. Third-party services

The Service relies on third parties: your Exchange, TradingView if you use it, Google if you sign in with Google, and the hosting, database and email providers listed in the Privacy policy. We do not control their services. If they fail, change their terms or stop working, the Service may be affected in whole or in part. Links to third-party websites do not imply our endorsement.

16. Availability and changes to the Service

We try to keep the Service available and working properly, but we do not guarantee that it will be free of interruptions or errors. We may carry out maintenance, add, change or remove features, and temporarily suspend access for technical or security reasons.

17. Disclaimer of warranties

To the extent permitted by law, the Service is provided as is and as available, without warranties of accuracy, completeness, timeliness or fitness for a particular purpose, and without any guarantee that it will help you achieve any financial result.

18. Limitation of liability

• We are not liable for losses arising from your trading decisions, for lost business opportunities or for indirect or consequential damages.
• Nor are we liable for failures, delays or errors of your Exchange, market data sources or other third parties, or for those caused by force majeure.
• Where the law makes us liable, our total liability to you is limited to the amount you paid us for the Service in the twelve months before the event giving rise to it. During the free Beta, that amount is zero.
• Nothing above limits liability that cannot be excluded by law, such as for wilful misconduct or gross negligence, or the rights granted to you by consumer protection law.

19. Indemnity

If a third party makes a claim against us because of your use of the Service in breach of these Terms or the law (for example, connecting an account that does not belong to you), you will be liable for the damages and reasonable costs that claim causes us, to the extent permitted by law.

20. Suspension and closing your account

• You may stop using the Service at any time. To close your Account and delete Your Data, write to us at support@audalyst.com from your Account email.
• We may suspend or close your Account if you breach these Terms, if the law or the security of the Service requires it, or when the Beta ends. Except in urgent cases or where the law prevents it, we will notify you beforehand and give you the chance to request a copy of Your Data.
• When the Account is closed, we delete Your Data within the periods set out in the Privacy policy. Clauses that by their nature must survive (intellectual property, limitation of liability, governing law) remain in force.

21. Communications

• We will communicate with you by email and inside the application. Emails needed for the Service (invitation, sign-in, password recovery, changes to these Terms) are not marketing and are sent regardless.
• We will only send you marketing news if you consent, and you can withdraw that consent at any time.
• We will never ask you for your password, API Keys with trading or withdrawal permissions, recovery phrases or card details by email, phone or message. If someone does so on our behalf, do not reply and let us know.

22. Changes to these Terms

We may amend these Terms to reflect changes in the Service or in the law. The version in force is always the one published on this page, with its update date. If a change is material, we will notify you by email or inside the application before it takes effect, and we may ask you to accept it to keep using the Service.

23. General provisions

• If any clause is held invalid, the rest remain in force and the invalid one will be replaced by a valid one as close as possible to it.
• Not exercising a right at a given time does not mean waiving it.
• You may not assign your position under these Terms without our consent. We may assign ours to another company that takes over the Service, notifying you.
• These Terms, together with the Privacy policy, are the entire agreement between you and Audalyst regarding the Service.
• This English version is provided for convenience. In case of any discrepancy, the Spanish version prevails.

24. Governing law and jurisdiction

These Terms are governed by Spanish law. For any dispute, the parties submit to the courts of Madrid (Spain). If you are a consumer, you may in any case go to the courts of your place of residence, and you keep the rights granted to you by the applicable consumer protection law.

25. Contact

For any question about these Terms: Audalyst SL, support@audalyst.com. Email is our only official contact channel.