Terms of use and of service

§ 01

1. What this contract is about, and who contracts with you

The service is provided by Delta-One Capital Sàrl, a Swiss limited liability company. That company is your counterparty, it owns the intellectual property in the product, it is the controller of your personal data and it is the merchant of record that issues your invoices. Its details are in the legal notice.

The word "Capital" belongs to the company name, not to a description of what is sold to you: Delta-One Capital Sàrl sells analysis software, with no asset custody and no investment advice. Article 4 lists what the software does not do, and that list prevails over any reading of the name.

This contract has a single object: to grant you, against the price of a prepaid subscription, a personal, non-exclusive and non-transferable right to use hosted software for the term of your subscription. It confers no right over any asset, creates no claim against us other than the supply of the software, and is neither a deposit, nor an investment, nor a mandate.

By creating an account you state that you have read and accepted these terms, the risk information, the liability disclaimer and limitation, the acceptable use policy, the refund and cancellation policy and the privacy policy. Those six documents form one set; article 17 says which prevails if they diverge.

§ 02

2. The words this contract uses

§ 03

3. What the software does, the exact description

This description is written to be checked line by line. If one sentence below stopped being true, this page would be corrected, not the product described differently.

• It continuously observes public data (on-chain activity, protocol documentation, campaign calendars) and the public addresses you declare to it.
• It qualifies what it observes into verifiable, dated and sourced conditions, and produces an opportunity card that is identical for every subscriber in a given segment. No content is sorted, ranked or phrased according to your personal situation.
• It checks before signature: contract, allowance, consistency and safety-veto checks, whose result is a value taken from a closed list, never free commentary, never a score.
• It prepares each operation: the sequence of steps, what must be checked before each of them, the exact parameters and the evidence to keep. In SEMI-AUTO mode it presents you the operation and waits for your signature; nothing is committed without it.
• In FULL AUTO mode it executes the operation from your wallet, exclusively inside the limits of the policy envelope in force (caps, chains, contracts, expiry), checked again at signing time. The proceeds of the operation arrive on your wallet, never with us.
• It tracks what actually happened on-chain, compares it with what was expected, and keeps a verifiable record of the analyses produced, of the operations executed or refused, and of the decisions you took.
• It exports your data at any time, in an open format, without going through support.

§ 04

4. What the software does not do

This clause matters as much as the previous one and deserves the same attention. It states facts, not stylistic reservations.

• It does not hold, generate, back up or reconstitute any private key, recovery phrase, cryptographic share or co-signer role.
• Outside the limits of the policy envelope you signed, it signs nothing and executes nothing; in SEMI-AUTO mode it signs nothing at all, every transaction requiring your approval. No operation can exceed your caps, and we cannot widen them.
• It neither receives nor holds any of your assets. The proceeds of operations arrive on your wallet; the only money that flows between you and us is the subscription price.
• It provides no investment advice, no tax advice and no legal advice, and issues no recommendation tailored to your situation.
• It exercises no wealth management and no management mandate: the execution authority of FULL AUTO mode is written, bounded and revocable by you alone in the policy envelope, and it never extends to disposing of your assets beyond your caps.
• It is not insurance, and no deposit-guarantee scheme applies.
• It promises, guarantees and assigns probabilities to no outcome, no return, no eligibility and no allocation.

§ 05

5. Your keys, the agent’s authority, and what that means both ways

The architecture of the product is the main protection, and it is symmetrical. Because we hold no key, we cannot move your assets. And we cannot give them back to you either if you lose your recovery phrase.

The authority FULL AUTO mode confers on the service is a technical authorisation of use, written in the policy envelope: bounded by your caps, extinguished by its expiry date or by your revocation, it transfers neither ownership, nor custody, nor any claim. It makes us neither a custodian nor a wealth manager.

No support procedure, no administrative access and no exceptional request can work around these points. The design itself imposes them, not an instruction given to support, and they are verified by automated tests that fail if a field able to receive a key ever appeared in the application.

You can at any moment revoke your sessions, revoke the policy envelope, detach an address, pause the analyses and the execution of your account, and cancel. None of those actions depends on our agreement.

§ 06

6. Your obligations

• Holding and securing your keys: you alone are responsible for generating, storing and backing up your recovery phrases and private keys. Never disclose them, through any channel. No screen of the application will ever ask for them, and a member of staff who received one must refuse it, keep nothing and open an incident.
• Modes and envelope: in SEMI-AUTO mode, you read what the transaction does before signing it, in your own wallet, and you verify the destination address, the amount and the permissions requested. In FULL AUTO mode, you alone set the caps, chains, contracts and duration of the envelope you sign: its content binds you, and you do not declare an envelope larger than what you accept to see committed.
• Declared addresses: you declare only public addresses you control. Declaring a third party’s address would mean having the data of someone who did not consent processed.
• Tax compliance: reporting and paying the taxes arising from your operations is entirely yours, in your own jurisdiction. We provide complete, dated and sourced exports; we qualify nothing for tax purposes.
• Accuracy: your billing information and the statements you make to us, in particular the one in article 15, must be accurate and kept up to date.
• Account security: a second authentication factor is mandatory; we may refuse a sensitive action until it is configured.
• Use: you comply with the acceptable use policy, which forms part of this contract.

§ 07

7. Availability, maintenance and changes

We commit to means: monitoring, maintenance, security fixes, tested backups and publication of incidents. We promise no numerical availability figure until we have measured one over a representative period; a figure announced before it is measured would be a claim, not a commitment.

A factual floor replaces that figure: if the analysis service is unavailable through our own fault for more than seven consecutive days, you obtain, on request, a refund pro rata by day for the days affected, under the refund policy.

The service may be interrupted for maintenance, security fixes, a supplier constraint or an external cause. Where the interruption is planned, we give notice in advance.

The software changes. A change that reduces an existing function, lowers a quota or narrows the scope is reasoned in writing, notified before it takes effect with reasonable notice, and gives you the right to cancel with a refund of the unused balance of the period. A clause letting us change the service "at any time" without a reason is precisely the kind of clause consumer law sets aside.

The analyses shown are produced using artificial-intelligence models. For that part of the service you are therefore interacting with an automated system. We say so without waiting to be required to: concealing the generated nature of an analysis would be concealing something you need in order to read it properly.

§ 08

8. Quotas, and stopping at the quota

• Each plan includes a number of deep analyses per month. The counter resets at each quota month; it does not accumulate, and an unused balance is neither carried over, nor refunded, nor exchangeable.
• When the month’s quota is reached, the service stops cleanly for that month: it tells you, offers a higher plan and resumes the following month. No overage is billed, and quality is never silently degraded instead of stopping.
• A plan upgrade mid-month increases that month’s quota pro rata by the days remaining; analyses already used stay counted.
• The other functions (reading, export, revocation, cancellation) are never subject to a quota.

§ 09

9. Term, renewal and reminders

• The subscription runs for a period of three or twelve months, paid in advance, and renews for an identical period unless cancelled before the renewal date.
• Renewal is never silent. We send reminders before each renewal (two for the quarterly plan, three for the annual one) stating the exact amount, the currency, the charge date, the period covered, an invoice link and a cancellation link reachable in at most two clicks.
• If a mandatory reminder cannot be delivered to you, automatic renewal is blocked and replaced by a payment link. We do not charge someone we could not warn.
• You may refuse renewal up to the last day of the current period, without a reason and at no cost.

§ 10

10. Price, invoicing and prepayment

• Prices are those shown on the pricing page when you subscribe, in the currency displayed before payment, euro or United States dollar. The summary shown before payment governs: it states the plan, the periodicity, the amount charged, the period covered, the quota, and the date and amount of the next renewal.
• Setup, hosting, maintenance, updates and backups are included: no installation fee is charged.
• The annual plan covers twelve months and bills eleven; the quarterly plan covers three months and carries no discount.
• Payment is collected by a payment provider; we never receive your card number.
• A price change is notified in advance, never applies to a period already paid, and gives you the right to cancel at no cost before it takes effect.
• Because each period is paid before it is served, no customer can be cut off during a period they have paid for in full.

§ 11

11. Cancellation

• You may cancel at any time from your account, without a reason, at no cost and without contacting anyone. Cancellation takes effect at the end of the period already paid; the service stays available until then.
• Immediate cancellation is available: it cuts the service off straight away and opens no refund. The screen reminds you of the end date already paid for before you confirm.
• We may suspend or terminate your access for breach of the acceptable use policy, fraud, a false statement within the meaning of article 15, or a legal obligation. Any measure is reasoned in writing, logged tamper-evidently and notified.
• Where the termination comes from us and is not justified by an established fault on your side, the paid and unused part of the period is refunded to you pro rata by day, in money. A refund that is due is never converted into a credit note, a usage credit or an extension of period.
• Whatever the cause of the stop, four guarantees are never suspended: the full export of your data in an open format; the revocation of your sessions, devices and authentication factors; your access to your wallets and assets, over which we have no hold; and your cancellation, with no human contact.

§ 12

12. Intellectual property, your data and your feedback

• The software, its documentation, its trade marks and its interface remain the property of the operator or of its licensors. Your subscription grants a right to use, not a right of ownership.
• You may not copy, decompile, modify, rent or resell the software, nor circumvent its technical limitations, save to the extent mandatorily permitted by law.
• The data you provide stays yours. The analyses produced for you are available and exportable throughout the contract and during the export window that follows it.
• You may not resell, redistribute or bulk-extract the outputs of the service: the source data is subject to its providers’ own terms, and we cannot grant you more rights than we hold.
• You may send us feedback; we may use it to improve the service, without it giving you any right over what we build.

§ 13

13. Liability

Liability is dealt with in a separate document, "Liability disclaimer and limitation", which forms an integral part of this contract. It is separate not to be read less: it is separate because an honest liability clause takes six tiers, and an article buried in general terms does not make them legible.

Two points are written there in so many words and deserve to be announced here: our liability for wilful misconduct or gross negligence is not excluded, because Swiss law forbids excluding it and a clause to the contrary would bring the whole thing down; and investment decisions, the choice of mode, the content of the envelope you sign, your signatures and their consequences are entirely yours.

§ 14

14. Force majeure

Neither party is liable for a failure caused by an external, unforeseeable and irresistible event that makes performance impossible: natural disaster, armed conflict, decision of an authority, general failure of a public telecommunications network, or lasting interruption of a public blockchain network.

Three clarifications, because this clause is often stretched beyond its object. First, a failure of our own technical chain (hosting, database, backups, deployment) is not force majeure: it is a risk we chose to carry by operating this service. Second, the party prevented informs the other without delay and does what is reasonably in its power to limit the effects. Third, if the impediment lasts more than thirty days, either party may terminate, and the paid and unused part of the period is refunded to you pro rata.

§ 15

15. Excluded territories and sanctions measures

The service is not offered in certain territories. Two reasons combine: Swiss coercive measures may restrict the movement of services towards a given destination, and our providers (payment collection, hosting, delivery) impose their own restrictions on us by contract.

By subscribing, you state that you are neither established nor located in a territory covered by such a measure, that you do not appear on an applicable sanctions designee list, and that you are not acting for a person who does. That statement is timestamped and kept.

If an applicable measure covers you, or comes to cover you, we suspend access and stop charging. No refund is made before verification, since a refund may itself be a prohibited transfer.

What we do not claim: we do not verify our customers’ identity against official documents, and our arrangement is proportionate to what we sell, software, without being exhaustive. Saying so is more useful than letting you believe otherwise.

§ 16

16. Governing law, jurisdiction and complaints

As the contracting party is Delta-One Capital Sàrl, a company incorporated in Switzerland, this contract is governed by Swiss law, excluding its conflict-of-law rules, without prejudice to the mandatory provisions of the law of your country of habitual residence if you contract as a consumer. That choice of law cannot, and does not seek to, deprive you of the protection those provisions give you.

The ordinary place of jurisdiction is the company’s registered office. That clause does not apply to a consumer domiciled in a State bound by the Lugano Convention: in that case you may sue us either at our registered office or before the court of your own domicile, and we may sue you only before the court of your domicile. We write this rather than hide it, because a jurisdiction clause presented as exclusive when it is not would be an inaccurate statement.

Before any proceedings, send your complaint to support. We acknowledge receipt, state a handling time, and answer in writing. This step is not a condition of admissibility of a court action: it is not there to delay you.

§ 17

17. Contract documents, versions and changes

The contract comprises, besides these terms: the risk information, the liability disclaimer and limitation, the acceptance of risks you confirmed, the acceptable use policy, the refund and cancellation policy, the privacy policy and, for the business customers concerned, the data processing agreement.

In case of divergence the order of precedence is: applicable mandatory provisions, then the risk information, then these terms, then the other documents. The risk information deliberately outranks the general terms: no clause should be able to soften a stated danger.

Each version carries a number, a date and an entry into force, and previous versions stay available. A substantial change is notified to you before it takes effect, gives you the right to cancel at no cost, and is presented to you again for acceptance. A purely editorial change is published and logged.