Terms and Conditions

1. Acceptance of Terms

By creating an account, requesting platform access, or otherwise using any part of the Nightjar Fundis website or services, you confirm that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the service.

2. Description of Service

Nightjar Fundis provides AI-driven risk analysis and smart stop-loss management tools intended to support traders and investors in making informed decisions about capital preservation. The platform offers analytical insights, alerts, and related features based on data inputs and configurable parameters set by the user.

Nightjar Fundis does not provide financial, investment, tax, or legal advice. All outputs, signals, and analysis generated by the platform are informational tools only and should not be construed as a recommendation to buy, sell, or hold any financial instrument.

3. Eligibility

You must be of legal age in your jurisdiction of residence and have the legal capacity to enter into a binding agreement to use this platform. By using the service, you represent and warrant that you meet these requirements.

4. Account Registration and Security

Certain features of the platform may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You must notify us promptly of any unauthorized use of your account or any other breach of security. Nightjar Fundis is not liable for any loss or damage arising from your failure to safeguard your account credentials.

5. Acceptable Use

You agree not to misuse the platform, including but not limited to: attempting unauthorized access to systems or data, reverse-engineering or copying proprietary technology, using automated means to scrape or extract data without permission, interfering with the platform's operation, or using the service for any unlawful purpose.

We reserve the right to suspend or terminate access to any account found to be in violation of these conditions, at our discretion.

6. No Financial Advice and Risk Disclosure

Trading and investing in financial markets involves substantial risk, including the potential loss of principal. Any analysis, risk scoring, stop-loss suggestion, or related output provided through Nightjar Fundis is generated using automated methods and historical or modeled data, and may not account for all market conditions.

Past performance of any model, strategy, or indicator does not guarantee future results. You are solely responsible for your own trading and investment decisions, and Nightjar Fundis accepts no responsibility for financial losses incurred as a result of using the platform.

7. Intellectual Property

All content, software, design, trademarks, and underlying technology associated with Nightjar Fundis are the property of Nightjar Fundis or its licensors and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any part of the platform without prior written consent.

8. Subscription, Fees, and Payment

Where applicable, access to certain features may require payment of fees as described at the time of purchase or subscription. All fees are subject to change with reasonable notice. You are responsible for any applicable taxes associated with your use of paid features.

Unless otherwise stated, fees are non-refundable except where required by applicable law.

9. Third-Party Services and Data

The platform may integrate or rely on data feeds, market information, or services provided by third parties. Nightjar Fundis does not guarantee the accuracy, completeness, or timeliness of any third-party data and is not responsible for interruptions, errors, or inaccuracies originating from such sources.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Nightjar Fundis and its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or trading losses, arising from or related to your use of the platform, even if advised of the possibility of such damages.

The platform is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

11. Indemnification

You agree to indemnify and hold harmless Nightjar Fundis and its affiliates from any claims, damages, losses, liabilities, and expenses arising out of your use of the platform, violation of these Terms, or infringement of any third-party rights.

12. Suspension and Termination

We reserve the right to suspend or terminate your access to the platform at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, third parties, or Nightjar Fundis's legitimate business interests.

13. Changes to the Terms

We may revise these Terms from time to time. Material changes will be communicated through the website or via other reasonable means. Continued use of the platform after changes take effect constitutes acceptance of the revised Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Nightjar Fundis operates, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the competent courts in that jurisdiction.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Contact

Questions regarding these Terms can be directed through the contact channels listed on our Contact page.