Terms of Service

These Terms of Service ("Terms") are an agreement between you and Saikix ("Saikix", "we", "us"). Saikix is operated by an individual developer based in Japan. The Terms cover this website, the indicators and other software we publish, give away or sell (the "Products"), and any related service.

By using the website, adding or downloading a Product, or making a purchase, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the website or the Products.

1. Who may use the Products

• You must be at least 18 years old, or the age of majority where you live if that is higher, and able to enter into a binding contract.
• You may not use the Products if you are located in, or a resident of, a country or region subject to comprehensive sanctions, or if you are named on a sanctions list (for example those of the United Nations, the United States, the European Union, the United Kingdom or Japan). You agree to comply with all export-control and sanctions laws that apply to you.
• If you use the Products for a company, you confirm that you are authorized to accept these Terms for it.

2. What the Products are

The Products are technical-analysis software: indicators, tools and related materials that draw information on a price chart and can send alerts. They include scripts published on TradingView, files for MetaTrader 4 and MetaTrader 5, and other tools described on this website.

Saikix is not a broker, dealer, exchange or bank. We do not take or hold your money, open or manage trading accounts, or place, route or execute any order. Any trading you do happens through third parties you choose.

3. Not investment advice

Nothing on this website, in the Products, in their descriptions, alerts or labels, or in any message from us is investment, financial, legal, tax or trading advice, or a recommendation or solicitation to buy, sell or hold any financial instrument.

Labels such as "Uptrend", "Break", a price target or an invalidation level are the output of fixed rules applied to price data. They are general information, not tailored to you, your goals or your finances.

Saikix is not registered or licensed as an investment adviser, commodity trading advisor, financial services provider or financial instruments business operator in any jurisdiction, including with the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, the National Futures Association, the U.K. Financial Conduct Authority or the Financial Services Agency of Japan. You alone are responsible for your trading and investment decisions, and you should consult a licensed professional before making them.

4. Risk disclosure

Trading foreign exchange, contracts for difference, futures, options, cryptocurrencies and other leveraged or volatile instruments involves a high risk of loss and is not suitable for everyone. Leverage can work against you as well as for you. You can lose some or all of your money, and depending on your broker and account, more than you deposited. Do not trade with money you cannot afford to lose.

Past performance of any market, method, indicator or signal does not indicate future results. No indicator can predict prices.

5. Hypothetical results and examples

Charts, screenshots, examples and any backtested or simulated results shown on this website or in the Products are for illustration. Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown.

6. Data, signals and alerts

• What a Product shows depends on the price data it receives. Data feeds, brokers and platforms differ, so the same Product can show different results on different charts.
• Values on the bar that is still forming can change until it closes. Where a Product's description says a value can change, it can.
• Alerts are delivered by the platform you use. They can be delayed, duplicated or not delivered, for example because of connection, server or device problems. Do not rely on any alert as your only safeguard.
• We try to make the Products accurate and to describe them correctly, but we do not guarantee that they are free of errors.

7. Third-party platforms and services

The Products run on, or are delivered through, services we do not own or control, including TradingView, MetaTrader (MetaQuotes), your broker, and our payment provider. Your use of those services is governed by their own terms and policies, and you are responsible for following them.

Those services may change, limit, suspend or end their features, prices or access at any time, and this may stop a Product from working. We are not responsible for their acts, failures or changes, and we are not obliged to adapt a Product to them, although we will try to.

TradingView is a trademark of TradingView, Inc., and MetaTrader is a trademark of MetaQuotes Ltd. Saikix is independent and is not affiliated with, endorsed by or sponsored by them.

8. License to use the Products

Subject to these Terms (and to payment, for paid Products), Saikix grants you a personal, non-exclusive, non-transferable, revocable license to use each Product for your own analysis and trading.

• TradingView scripts. Scripts are used on TradingView under TradingView's terms. Where a script is open-source, the license shown on its TradingView page governs its code. Access to an invite-only script is tied to the one TradingView account it was granted to.
• Downloaded files. You may install them on devices you use yourself.

You may not, and may not help anyone else to:

• sell, resell, rent, lend, share, sublicense, publish or otherwise give anyone access to a Product, its files or your access to it;
• copy a Product other than as needed to use it, or remove or change any notice in it;
• decompile, disassemble, reverse-engineer or try to obtain the source code of a protected Product, or get around any access control, except to the extent the law expressly allows this;
• use a Product to build, train or offer a competing product or service;
• use a Product unlawfully or in a way that infringes anyone's rights.

If you break these restrictions, we may end your license and access without refund, in addition to any other remedy available to us.

9. Purchases and payment

• Paid Products are sold through our payment provider, Whop, which processes payment as merchant of record and may collect sales tax, VAT or similar taxes where they apply. Your payment is also subject to the payment provider's terms. We never see or store your full card details.
• Prices are shown in U.S. dollars. Your bank may charge currency-conversion fees. We may change prices at any time; a change does not affect a purchase already made.
• What you receive, and for how long, is what the product page states at the time of purchase. Access sold for a fixed period ends when that period ends and does not renew unless the product page clearly says it is a renewing subscription.
• If a price or description on the website contains an obvious error, we may cancel the affected order and refund what you paid.

10. Refunds

Paid Products are digital content delivered immediately. Once a Product has been delivered or access has been granted, payments are not refundable, except as follows:

• If a Product does not work as described on its product page and we cannot fix the problem within a reasonable time, we will refund it. Please email support@saikix.com within 14 days of purchase with your order details and a description of the problem.
• If we cancel an order (see section 9), we refund what you paid.

Refunds are returned to the original payment method through our payment provider.

Your statutory rights. Nothing in these Terms limits rights that you have under consumer-protection law that cannot be excluded by contract, including rights relating to faulty digital content. If you are a consumer in the European Union, the United Kingdom or another place that gives a right to withdraw from online purchases, you agree that delivery of digital content may begin immediately and you acknowledge that, once it has begun, you lose that right of withdrawal to the extent the law allows.

Chargebacks. If you have a problem with a payment, please contact us first so we can solve it. If you start a chargeback or payment dispute, we may suspend your access to the Products concerned while it is open, and end it if the dispute is decided in your favor.

11. Updates, changes and discontinuation

We may update, change or improve the Products, and stop offering any Product, at any time. We are not obliged to provide updates, to keep a Product available, or to make it work with new versions of a platform. Any statement on a product page about updates or access applies for as long as that Product is offered.

12. Support

Support is by email at support@saikix.com and through our FAQ. We answer questions about how the Products work. We do not give trading or investment advice, and we cannot advise on your broker, account or platform settings.

13. Intellectual property

The website, the Products, their code, designs, names, descriptions, images and the Saikix name and logo belong to Saikix or its licensors and are protected by copyright, trademark and other laws. Except for the license in section 8, no rights are granted to you.

If you send us ideas or feedback, you allow us to use them without any obligation to you.

If you believe something on this website infringes your rights, email support@saikix.com with the details and we will review it promptly.

14. Using the website

You may not use the website unlawfully; try to gain unauthorised access to it or to our systems; interfere with its operation; or copy or scrape it with automated tools in a way that places an unreasonable load on it.

15. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND THE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT AND QUIET ENJOYMENT. SAIKIX DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE OR COMPATIBLE WITH ANY PARTICULAR PLATFORM, BROKER, DATA FEED OR DEVICE, OR THAT THEY WILL ACHIEVE ANY RESULT.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (a) SAIKIX IS NOT LIABLE FOR ANY TRADING OR INVESTMENT LOSSES, LOST PROFITS, LOSS OF DATA OR GOODWILL, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE WEBSITE OR THE PRODUCTS; AND (b) SAIKIX'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE OR THE PRODUCTS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND 50 U.S. DOLLARS.

These limits apply only to the extent our fault is ordinary (slight) negligence. They do not apply to damage caused by our intentional misconduct or gross negligence, or to any liability that cannot be limited under the law that applies to you.

17. Indemnity

To the extent permitted by law, you agree to compensate Saikix for claims, losses and reasonable costs (including legal fees) brought by third parties that arise from your breach of these Terms or your misuse of the Products.

18. Suspension and termination

We may suspend or end your access to the website or a Product if you break these Terms, if required by law, or to protect the Products or other users. You may stop using the Products at any time. Sections that by their nature should continue (including sections 3 to 7 and 13 to 21) survive the end of these Terms.

19. Governing law and disputes

These Terms and any dispute arising from or relating to them or to the Products are governed by the laws of Japan, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before starting any formal proceeding, please email support@saikix.com and give us 30 days to try to resolve the issue.

The Tokyo District Court in Japan has exclusive jurisdiction as the court of first instance. If you are a consumer, this choice of law and court does not take away the protection of mandatory rules of the country where you live, or any right you have to bring a claim in your local courts under that law.

20. Notice for California users

Under California Civil Code section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

21. General

• Changes to these Terms. We may update these Terms. The date at the top shows the latest version. Changes apply from that date to new use and new purchases, and do not apply retroactively to purchases already made. If you keep using the website or the Products after a change, you accept the updated Terms.
• Entire agreement. These Terms, together with the Privacy Policy and the product page for anything you buy, are the whole agreement between you and us about their subject.
• Severability. If any part of these Terms is found invalid or unenforceable, that part is limited to the minimum extent necessary and the rest stays in effect.
• No waiver. If we do not enforce a right, we have not given it up.
• Assignment. You may not transfer your rights under these Terms. We may transfer ours, for example to a company that takes over the Products, and will tell you if your rights are affected.
• Events outside our control. We are not responsible for delays or failures caused by events beyond our reasonable control.
• Language. These Terms are written in English. If they are translated, the English version prevails.

Contact

Saikix, an individual developer based in Japan. Email: support@saikix.com.