Terms of Service

Welcome, and thank you for your interest in Q6 Technology Holdings, Inc d/b/a AlgoPicks (“AlgoPicks,” “we,” “us,” or “our”) and our platform for algorithmic prediction market analysis, AI-powered event research, automated trading services, and market data aggregation, along with our website at algopicks.com and all related networks, applications, APIs, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and AlgoPicks regarding your use of the Service. “You” or “your” means any individual or entity accessing or using the Service.

1. Service Overview

AlgoPicks is a platform that provides algorithmic analysis, AI-powered research, and automated trading services for prediction markets. The Service includes, but is not limited to:

• Market Browsing and Data Aggregation: Browsing, searching, and viewing prediction market events and contracts from third-party platforms, including Kalshi, with real-time and historical pricing data.
• AI-Powered Event Analysis: Automated analysis of market events using artificial intelligence, large language models (LLMs), and algorithmic models that synthesize news, data, and market signals.
• AlgoPicks (Algorithmic Picks): Algorithm-generated market picks with confidence scores, directional recommendations, and performance tracking.
• Automated Trading (“AutoTrade”): An optional feature that, when enabled by you, uses AI and algorithmic models to programmatically place buy and sell orders for event contracts on your connected Kalshi account, using your funds and on your behalf. See Section 8 for complete terms governing Automated Trading.
• Community Content: User-generated and editorially curated articles, commentary, and discussion related to prediction markets.
• Calendar and Live Events: Scheduling and tracking of upcoming market events and resolution dates.
• User Accounts: Account registration, profile management, and personalized features.

AlgoPicks does not operate a prediction market, exchange, or clearinghouse. AlgoPicks is not a broker, dealer, commodity trading advisor, futures commission merchant, or financial institution. All trades are executed on and settled by third-party platforms (currently Kalshi, Inc., a CFTC-regulated designated contract market). AlgoPicks acts solely as a technology provider that transmits orders to third-party platforms based on algorithmic signals and your configured preferences.

2. Eligibility

You must be at least 18 years of age to use the Service. To use the Automated Trading features, you must also meet all eligibility requirements imposed by Kalshi, Inc. and any other connected third-party platform, including but not limited to being a legal resident of a jurisdiction where prediction market trading is permitted. By using the Service, you represent and warrant that you:

• Are at least 18 years old.
• Have not been previously suspended or removed from the Service.
• Are legally permitted to trade on prediction markets in your jurisdiction and have verified your eligibility with Kalshi or any other connected platform.
• Are not located in a jurisdiction where use of the Service or prediction market trading is prohibited by law.
• Are not a person or entity subject to economic sanctions, trade embargoes, or similar restrictions imposed by the United States or any other applicable jurisdiction.
• Your use of the Service complies with all applicable federal, state, local, and international laws and regulations, including but not limited to the Commodity Exchange Act, CFTC regulations, and any laws governing prediction markets, event contracts, derivatives, gambling, and financial instruments in your jurisdiction.

If you are using the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that the entity agrees to be bound by these Terms.

3. Accounts and Registration

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately at support@algopicks.com of any unauthorized use of your account.

3.2 Kalshi Account Connection

To use the Automated Trading features, you must connect your Kalshi account to AlgoPicks by providing your Kalshi API credentials or authorizing access through Kalshi's OAuth or API integration mechanism. By connecting your Kalshi account, you:

• Authorize AlgoPicks to access your Kalshi account data, including but not limited to your account balance, portfolio positions, order history, and trading activity.
• Authorize AlgoPicks to submit, modify, and cancel orders on your Kalshi account on your behalf through the Kalshi API.
• Acknowledge that you are solely responsible for maintaining the security of your Kalshi API credentials and that AlgoPicks shall not be liable for any unauthorized access to your Kalshi account resulting from your failure to secure your credentials.
• Acknowledge and agree that, to the maximum extent permitted by applicable law, AlgoPicks shall not be liable for any losses, damages, or unauthorized transactions on your Kalshi account resulting from any security incident, data breach, cyberattack, or unauthorized access to AlgoPicks' systems, servers, or databases, including but not limited to the compromise, theft, or exposure of your stored API credentials, OAuth tokens, or any other authentication data, regardless of whether such incident was caused by AlgoPicks' negligence, the actions of third parties, or any other cause. You acknowledge that connecting your Kalshi account and providing API credentials to AlgoPicks carries inherent security risks that you voluntarily accept.
• Acknowledge that your Kalshi account remains subject to Kalshi's own Terms of Service, Privacy Policy, and all applicable rules and regulations.
• Acknowledge that AlgoPicks does not have access to your Kalshi account password and does not have the ability to withdraw funds from your Kalshi account.
• Acknowledge that you should regularly monitor your Kalshi account for unauthorized activity and immediately revoke AlgoPicks' API access and notify both AlgoPicks and Kalshi if you suspect any unauthorized access or compromise of your credentials.

3.3 Account Security

We use Firebase Authentication and other industry-standard security measures. However, you are solely responsible for maintaining the confidentiality of your login credentials for both AlgoPicks and any connected third-party accounts. AlgoPicks shall not be liable for any loss or damage arising from your failure to maintain the security of your account or connected accounts.

Without limiting the foregoing, you acknowledge that you are solely responsible for protecting your account against unauthorized access through any means, including but not limited to phishing attacks, social engineering, malware, compromised devices, shared or reused passwords, SIM swapping, or any other method by which a third party may gain access to your credentials. AlgoPicks shall not be liable for any losses, damages, or unauthorized activity resulting from any compromise of your credentials or devices, regardless of how such compromise occurs. We strongly recommend enabling two-factor authentication and using unique, strong passwords for your AlgoPicks account and all connected accounts.

You further acknowledge that no security system is impenetrable. While AlgoPicks employs industry-standard security measures, AlgoPicks does not guarantee and cannot warrant that its systems, servers, databases, or third-party service providers will be free from security breaches, cyberattacks, unauthorized access, or other security incidents. To the maximum extent permitted by applicable law, AlgoPicks shall not be liable for any losses, damages, or unauthorized transactions resulting from any security breach or unauthorized access to AlgoPicks' systems, regardless of cause.

3.4 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause and with or without notice, including if we reasonably believe that you have violated these Terms. Upon suspension or termination, all Automated Trading activity will be immediately halted. You are responsible for managing any open positions on your Kalshi account after termination.

4. Fees and Payment

Certain features of the Service may require payment of fees. All fees are stated in U.S. dollars and are non-refundable except as expressly set forth in these Terms or as required by applicable law.

4.1 Free and Paid Features

The Service may offer both free and paid tiers. We reserve the right to change which features are available in each tier at any time. If you subscribe to a paid plan, you agree to pay all applicable fees in accordance with the billing terms in effect at the time of your subscription.

4.2 Automated Trading Fees

Use of the Automated Trading features may be subject to additional fees, including but not limited to subscription fees, performance fees, or per-trade fees, as disclosed at the time of enrollment. These fees are separate from and in addition to any fees, commissions, or charges imposed by Kalshi or any other third-party platform. You are solely responsible for all fees charged by Kalshi in connection with trades executed through the Automated Trading feature.

4.3 Recurring Billing

If you subscribe to a recurring plan, your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method on file for each renewal period.

4.4 Price Changes

We may change our prices at any time. If we change the price of a subscription plan, we will provide you with reasonable notice before the change takes effect. Your continued use of the Service after the price change constitutes your agreement to the new price.

4.5 No Refunds for Trading Losses

Under no circumstances will AlgoPicks refund, reimburse, or compensate you for any trading losses, financial losses, or other damages incurred as a result of trades executed through the Automated Trading feature or based on any analysis, pick, or recommendation provided by the Service.

5. Licenses

5.1 Limited License

Subject to your compliance with these Terms, AlgoPicks grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal use. This license does not include the right to: (a) sell, resell, or commercially exploit the Service or any content therein; (b) distribute, publicly perform, or publicly display any content from the Service; (c) modify or create derivative works based on the Service; or (d) use data mining, robots, scraping, or similar data gathering methods on the Service.

5.2 License Restrictions

You shall not:

• Copy, reproduce, distribute, or create derivative works from the Service or any content, data, analysis, picks, algorithms, trading signals, or materials available through the Service.
• Use the Service or any content to build a competing product or service, or to train, develop, or improve any artificial intelligence, machine learning model, or algorithmic trading system.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, trading strategies, or models underlying the Service.
• Scrape, crawl, or use automated means to access the Service or extract data, except as expressly permitted by us in writing.
• Redistribute, republish, or syndicate AlgoPicks analysis, picks, trading signals, or content without prior written consent.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
• Attempt to manipulate, interfere with, or circumvent the Automated Trading system, risk controls, position limits, or any safety mechanisms.

5.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable license to use, reproduce, modify, create derivative works from, distribute, and display such Feedback for any purpose without compensation or attribution to you.

6. Ownership and Proprietary Rights

The Service, including all content, features, algorithms, models, trading strategies, analysis, data compilations, software, text, graphics, logos, and trademarks, is owned by AlgoPicks or its licensors and is protected by copyright, trademark, trade secret, patent, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited license granted in Section 5.

Market data displayed on the Service may be sourced from third-party providers, including Kalshi, Inc. Such data is subject to the terms and conditions of the respective data providers. AlgoPicks does not claim ownership of third-party market data.

7. Third-Party Services and Data

7.1 Kalshi Relationship

AlgoPicks integrates with Kalshi, Inc. (“Kalshi”) through Kalshi's API to display market data and, when authorized by you, to execute trades on your behalf. AlgoPicks is not affiliated with, endorsed by, sponsored by, or a subsidiary of Kalshi, Inc.AlgoPicks is an independent third-party technology provider. Your relationship with Kalshi is governed entirely by Kalshi's own Terms of Service, Privacy Policy, and applicable rules and regulations. AlgoPicks is not responsible for:

• Kalshi's platform availability, uptime, or performance.
• Kalshi's order execution, settlement, or clearing processes.
• Any changes to Kalshi's API, fees, rules, terms, or supported markets.
• Any actions taken by Kalshi regarding your account, including suspension, termination, or restriction.
• Any regulatory actions taken against Kalshi or affecting Kalshi's operations.
• The resolution or outcome of any event contract traded on Kalshi.
• Any funds held in your Kalshi account.

7.2 Third-Party Data Accuracy

While we strive to display accurate and timely market data, AlgoPicks does not guarantee the accuracy, completeness, timeliness, or reliability of any data sourced from third parties. Market data may be delayed, inaccurate, or incomplete. Pricing data used by the Automated Trading system may differ from actual execution prices on Kalshi due to latency, market movement, or other factors.

7.3 News and External Content

The Service may aggregate and display news articles, RSS feeds, and other content from external sources for the purpose of AI analysis. AlgoPicks does not endorse, verify, or guarantee the accuracy of any external content. Links to external websites are provided for convenience only.

8. Automated Trading Terms

8.1 Authorization and Consent

By enabling the Automated Trading feature, you expressly and irrevocably (for the duration that AutoTrade is enabled) authorize AlgoPicks to:

• Access your connected Kalshi account through the Kalshi API to retrieve account data, including balances, positions, and order history.
• Submit buy and sell orders for event contracts on Kalshi on your behalf, based on algorithmic signals generated by our AI and trading models.
• Modify or cancel pending orders on your Kalshi account as determined by the algorithm.
• Execute trades at prices and quantities determined by the algorithm, subject to any risk parameters and position limits you have configured.

You acknowledge that each trade executed by AutoTrade is legally your trade. You are the principal and AlgoPicks is acting solely as your authorized agent for the limited purpose of order submission. You bear full legal and financial responsibility for every trade.

8.2 Risk Parameters and Position Limits

The Service may allow you to configure certain risk parameters, including but not limited to:

• Maximum position size per trade or per market.
• Maximum total portfolio exposure.
• Daily, weekly, or monthly loss limits.
• Approved market categories or specific markets.
• Minimum confidence thresholds for trade execution.

While AlgoPicks will make commercially reasonable efforts to honor your configured risk parameters, we do not guarantee that risk parameters will be enforced perfectly at all times. Due to latency, system errors, API failures, market conditions, or other technical factors, trades may be executed that exceed your configured limits. You acknowledge this risk and agree that AlgoPicks shall not be liable for any losses resulting from trades that exceed your configured parameters.

8.3 Emergency Stop and Disabling AutoTrade

You may disable the Automated Trading feature at any time through the Service. Upon disabling AutoTrade:

• AlgoPicks will cease submitting new orders on your behalf as soon as technically feasible.
• Orders that have already been submitted to Kalshi but not yet executed may still be filled. AlgoPicks will make reasonable efforts to cancel pending orders, but cannot guarantee cancellation.
• Existing positions in your Kalshi account will remain open. You are solely responsible for managing, closing, or holding any open positions after disabling AutoTrade.
• AlgoPicks is not responsible for any losses that occur after you disable AutoTrade, including losses on positions that were opened by AutoTrade but remain open.

You may also disable AutoTrade by revoking AlgoPicks' API access through your Kalshi account settings directly. We recommend this as an additional safety measure if you wish to immediately prevent all API access.

8.4 System Failures and Downtime

The Automated Trading system depends on multiple interconnected systems, including AlgoPicks' servers, Kalshi's API, third-party AI providers, internet connectivity, and other infrastructure. You acknowledge that:

• The system may experience downtime, outages, latency, or failures that prevent trades from being executed, modified, or cancelled in a timely manner.
• API rate limits, throttling, or changes imposed by Kalshi may affect the system's ability to execute trades.
• Network failures, server errors, or infrastructure issues may result in missed trading opportunities, duplicate orders, or other unintended behavior.
• AlgoPicks does not guarantee continuous, uninterrupted, or error-free operation of the Automated Trading system.
• AlgoPicks shall not be liable for any losses resulting from system failures, downtime, latency, or technical errors, whether caused by AlgoPicks, Kalshi, third-party providers, or any other factor.

8.5 Slippage and Execution Risk

You acknowledge that the price at which an order is submitted may differ from the price at which it is executed (“slippage”). Slippage can occur due to market movement, latency between AlgoPicks' systems and Kalshi's matching engine, low liquidity, or other factors. AlgoPicks does not guarantee execution at any particular price and shall not be liable for any losses resulting from slippage or unfavorable execution prices.

8.6 No Fiduciary Duty

AlgoPicks does not owe you a fiduciary duty. AlgoPicks is a technology provider, not a financial adviser, investment adviser, commodity trading advisor, broker, or fiduciary. The Automated Trading feature is a software tool that executes trades based on algorithmic signals. AlgoPicks does not provide personalized investment advice and does not consider your individual financial situation, investment objectives, risk tolerance, or personal circumstances when generating trading signals.

8.7 Tax Responsibility

You are solely responsible for determining and fulfilling any tax obligations arising from trades executed through the Automated Trading feature, including but not limited to income tax, capital gains tax, and any reporting requirements. AlgoPicks does not provide tax advice and is not responsible for any tax liabilities you may incur.

9. AI and Algorithmic Analysis Disclaimers

9.1 No Financial or Trading Advice

The Service, including all AlgoPicks, analysis, recommendations, confidence scores, directional signals, trading signals, and any other content generated by our algorithms or AI systems, does not constitute financial advice, investment advice, trading advice, gambling advice, tax advice, legal advice, or any other form of professional advice. Even when the Automated Trading feature executes trades on your behalf, those trades are based on algorithmic models and do not represent personalized financial advice.

9.2 AI Limitations and Risks

The Service uses artificial intelligence, including third-party large language models (LLMs) such as those provided by Anthropic, Google, and other AI providers. You acknowledge and agree that:

• AI-generated content and trading signals may contain errors, inaccuracies, hallucinations, biases, or misleading information that can result in financial losses.
• Algorithmic models are based on historical data and assumptions that may not hold true in the future. Markets are inherently unpredictable.
• Confidence scores, probability estimates, and directional signals are algorithmic outputs, not guarantees of accuracy or outcome.
• Past performance of any algorithm, model, pick, or trading strategy does not predict, guarantee, or indicate future performance.
• AI systems may behave unpredictably in novel or extreme market conditions, including “black swan” events, sudden market shifts, or unprecedented scenarios.
• AI systems may process data through third-party providers whose data handling practices are outside our direct control.
• Market conditions can change rapidly and unpredictably, rendering any analysis or trading signal obsolete before or during execution.

9.3 No Guarantee of Accuracy or Profitability

AlgoPicks does not guarantee the accuracy, reliability, completeness, or timeliness of any analysis, pick, recommendation, trading signal, or other content provided through the Service. Performance statistics, win/loss records, and historical accuracy metrics are provided for informational purposes only and should not be interpreted as guarantees of future performance. There is no guarantee that the Automated Trading feature will generate profits or avoid losses.

9.4 Your Responsibility

You are solely responsible for all trading and investment decisions, whether made manually based on information from the Service or executed automatically through the Automated Trading feature. You should monitor your account regularly, review all trades executed on your behalf, and disable AutoTrade immediately if you are not comfortable with the trading activity. AlgoPicks shall not be liable for any trading losses, financial losses, or other damages resulting from your use of the Service.

10. User Content

10.1 User-Generated Content

The Service may allow you to submit, post, or share content, including comments, articles, and other materials (“User Content”). You retain ownership of your User Content, but by submitting User Content to the Service, you grant AlgoPicks a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with the Service and AlgoPicks' business operations, including for the purpose of improving and training our algorithms and AI systems.

10.2 Content Standards

You represent and warrant that your User Content:

• Does not infringe any third-party intellectual property or proprietary rights.
• Does not violate any applicable law or regulation.
• Does not contain false, misleading, or deceptive information presented as fact.
• Does not constitute market manipulation, pump-and-dump schemes, or coordinated trading activity.
• Does not constitute spam, phishing, or unsolicited commercial messages.
• Does not contain malicious code, viruses, or harmful content.

10.3 Content Removal

We reserve the right to remove or disable access to any User Content at any time, for any reason, without notice. We are not obligated to monitor User Content but may do so at our discretion.

11. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Use the Service to engage in market manipulation, wash trading, spoofing, layering, insider trading, front-running, fraud, or any other illegal or prohibited trading activity.
• Attempt to manipulate, exploit, or circumvent the Automated Trading system, its risk controls, position limits, or safety mechanisms for any purpose.
• Use the Service to promote, facilitate, or encourage illegal gambling in jurisdictions where prediction market trading is prohibited.
• Misrepresent AlgoPicks analysis, picks, or trading signals as your own original work or as professional financial advice.
• Share, sell, or distribute your AlgoPicks account access, API credentials, or Kalshi API credentials with any third party.
• Interfere with or disrupt the Service, servers, or networks connected to the Service.
• Use automated means (bots, scrapers, crawlers) to access the Service without our express written permission.
• Attempt to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Collect or harvest personal information of other users without their consent.
• Use the Service in any manner that could damage, disable, overburden, or impair the Service.
• Connect multiple Kalshi accounts to a single AlgoPicks account, or use the Service to coordinate trading across multiple accounts.

12. Prediction Market Specific Terms

12.1 Regulatory Compliance

Prediction markets, including Kalshi, are subject to regulation by the Commodity Futures Trading Commission (CFTC) and other regulatory bodies. You are solely responsible for determining whether your use of prediction markets and the Automated Trading feature is legal in your jurisdiction and for complying with all applicable laws and regulations. AlgoPicks makes no representation that the use of prediction markets or the Automated Trading feature is legal or appropriate in any particular jurisdiction.

12.2 No Gambling Services

AlgoPicks does not provide gambling services, operate a gambling platform, or facilitate gambling in any form. The Service is a technology platform that provides analysis and automated order submission. To the extent that prediction market trading may be classified as gambling in certain jurisdictions, AlgoPicks expressly disclaims any role as a gambling operator, facilitator, or promoter. You acknowledge that you are solely responsible for understanding and complying with any gambling laws applicable to your jurisdiction. AlgoPicks does not hold a gambling license in any jurisdiction and does not intend to offer gambling services.

12.3 No Responsibility for Trading Losses

AlgoPicks shall have no responsibility or liability for any trading losses, financial losses, or other damages that you may incur as a result of: (a) trades executed by the Automated Trading feature; (b) acting on any analysis, pick, recommendation, or other content provided through the Service; (c) using any third-party prediction market platform; (d) any failure, error, delay, or malfunction in the Service, the Automated Trading system, or any third-party platform; (e) any market conditions, events, or outcomes; (f) any regulatory action affecting prediction markets or your ability to trade; or (g) any other cause whatsoever.

12.4 Responsible Trading

If you choose to trade on prediction markets, whether manually or through the Automated Trading feature, you should do so responsibly. Never trade with money you cannot afford to lose. Set appropriate risk limits and monitor your account regularly. If you believe you may have a gambling problem, please contact the National Council on Problem Gambling at 1-800-522-4700 or visit ncpgambling.org.

12.5 Event Contract Resolution

The resolution and settlement of event contracts is determined solely by Kalshi (or the applicable third-party platform) in accordance with its rules. AlgoPicks has no role in determining the outcome of any event or the resolution of any contract. AlgoPicks shall not be liable for any disputes regarding event resolution or contract settlement.

13. DMCA and Intellectual Property

13.1 Copyright Complaints

If you believe that any content on the Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information to our designated copyright agent:

• A physical or electronic signature of the copyright owner or authorized agent.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and its location on the Service.
• Your contact information (address, telephone number, and email address).
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

13.2 Repeat Infringers

We will terminate the accounts of users who are determined to be repeat infringers in appropriate circumstances.

14. Modification of Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Service or by other means. For changes that affect the Automated Trading feature, we will provide at least 14 days' notice before the changes take effect, during which time you may disable AutoTrade if you do not agree to the modified Terms. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and disable AutoTrade.

15. Term, Termination, and Modification of the Service

15.1 Term

These Terms are effective from the date you first access or use the Service and continue until terminated.

15.2 Termination by You

You may terminate these Terms at any time by disabling AutoTrade (if enabled), disconnecting your Kalshi account, and deleting your AlgoPicks account. You are responsible for managing any open positions on your Kalshi account after termination.

15.3 Termination by Us

We may terminate or suspend your access to the Service at any time, with or without cause and with or without notice. Grounds for immediate termination include, but are not limited to: violation of these Terms, fraudulent or illegal activity, suspected market manipulation, abusive behavior, or any conduct that we determine, in our sole discretion, is harmful to the Service, other users, or AlgoPicks. Upon termination, all Automated Trading activity will be immediately halted.

15.4 Effect of Termination

Upon termination, your right to use the Service will immediately cease and all Automated Trading will be stopped. You are solely responsible for any open positions remaining in your Kalshi account. Sections that by their nature should survive termination shall survive, including but not limited to Sections 5.3, 6, 8, 9, 12, 16, 17, 18, 19, 20, 21, 22, and 23.

15.5 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. This includes the right to modify, suspend, or discontinue the Automated Trading feature. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, including any trading losses that may result from the suspension or discontinuation of the Automated Trading feature.

16. Security Incidents and Data Breaches

16.1 No Guarantee of Security

While AlgoPicks employs industry-standard security measures, including encryption, access controls, and monitoring, AlgoPicks does not guarantee and cannot warrant that its systems, servers, databases, networks, or third-party service providers will be free from security breaches, cyberattacks, unauthorized access, data theft, ransomware, malware, insider threats, or other security incidents. No internet-based service can guarantee absolute security. By using the Service, you acknowledge and accept this inherent risk.

16.2 Stored Credentials and Data

If you connect your Kalshi account, AlgoPicks stores your API credentials using encryption and access controls. However, you acknowledge and agree that:

• Stored credentials may be compromised in the event of a security breach affecting AlgoPicks' systems or any third-party infrastructure provider used by AlgoPicks.
• A compromise of your stored API credentials could result in unauthorized access to your Kalshi account, unauthorized trades, loss of funds, or other damages.
• AlgoPicks shall not be liable for any losses, damages, unauthorized transactions, or other consequences resulting from the compromise of stored credentials, regardless of cause, including AlgoPicks' own negligence.
• You are responsible for monitoring your Kalshi account for unauthorized activity and for immediately revoking AlgoPicks' API access if you suspect any compromise.
• You should use Kalshi API credentials with the minimum permissions necessary and regularly rotate your credentials as a security best practice.

16.3 Limitation of Remedies for Security Incidents

In the event of a security incident affecting AlgoPicks' systems, your sole and exclusive remedies shall be: (a) notification of the incident in accordance with applicable law; and (b) AlgoPicks' commercially reasonable efforts to remediate the incident and prevent recurrence.Under no circumstances shall AlgoPicks be liable for any trading losses, financial losses, loss of funds, unauthorized transactions, or any other damages resulting from a security incident, data breach, or cyberattack, regardless of whether AlgoPicks was negligent or otherwise at fault. This limitation applies to the maximum extent permitted by applicable law.

16.4 Your Obligations Following a Security Incident

If you are notified of or become aware of any security incident that may affect your account or connected accounts, you agree to:

• Immediately change your AlgoPicks account password.
• Immediately revoke and rotate your Kalshi API credentials.
• Review your Kalshi account for unauthorized activity and take appropriate action.
• Notify AlgoPicks at support@algopicks.com of any suspected unauthorized access.
• Cooperate with AlgoPicks in investigating and remediating the incident.

Failure to take prompt action following a security incident may increase your losses and will not create any additional liability for AlgoPicks.

16.5 Third-Party Security

The Service relies on third-party infrastructure and service providers, including but not limited to cloud hosting providers, database services, authentication providers, AI providers, and Kalshi. AlgoPicks is not responsible for the security practices, vulnerabilities, or failures of any third-party provider. A security breach at any third-party provider could affect the security of your data and credentials stored on AlgoPicks' systems. AlgoPicks shall not be liable for any losses or damages resulting from security incidents at third-party providers.

17. Assumption of Risk

By using the Service, and especially by enabling the Automated Trading feature, you expressly acknowledge and assume the following risks:

• Total Loss of Funds: You may lose some or all of the funds in your connected Kalshi account. There is no guarantee of profit or protection against loss.
• Algorithmic Risk: AI and algorithmic systems can malfunction, make errors, or produce unexpected results that lead to financial losses.
• Market Risk: Prediction markets are volatile and unpredictable. Event outcomes can be affected by factors that are impossible to predict or model.
• Liquidity Risk: Some markets may have low liquidity, resulting in difficulty executing trades at desired prices or inability to exit positions.
• Technology Risk: System failures, API outages, network issues, and other technical problems may prevent timely execution, modification, or cancellation of orders.
• Regulatory Risk: Changes in laws, regulations, or enforcement actions may affect your ability to trade on prediction markets or the legality of such trading in your jurisdiction.
• Counterparty Risk: Kalshi or other third-party platforms may experience financial difficulties, regulatory issues, or operational failures that affect your funds or positions.
• Cybersecurity Risk:Despite security measures, there is always a risk of unauthorized access to accounts, data breaches, or other security incidents. This includes the risk that AlgoPicks' own systems, servers, or databases may be compromised by cyberattacks, hacking, malware, insider threats, or other security incidents, potentially resulting in the exposure, theft, or misuse of your stored API credentials, personal information, or other account data. Such incidents could lead to unauthorized access to your connected Kalshi account and unauthorized transactions or loss of funds. You acknowledge and accept this risk as inherent to any internet-based service that stores authentication credentials.
• Credential Storage Risk:By providing your Kalshi API credentials to AlgoPicks, you accept the risk that these credentials may be compromised through a breach of AlgoPicks' systems, a vulnerability in third-party infrastructure (including cloud hosting, database, or encryption providers), or any other security incident. While AlgoPicks uses encryption and access controls to protect stored credentials, no security measure is absolute. You are encouraged to use Kalshi API credentials with the minimum permissions necessary and to regularly rotate your credentials.
• Third-Party Infrastructure Risk: The Service relies on third-party infrastructure providers, including cloud hosting, database services, authentication providers, and AI providers. A security breach, outage, or vulnerability at any of these providers could affect the security or availability of the Service and your data, including stored credentials. AlgoPicks is not responsible for the security practices or failures of third-party infrastructure providers.
• Concentration Risk: The algorithm may concentrate positions in certain markets or categories, increasing exposure to specific events or outcomes.
• Correlation Risk: Multiple positions may be correlated, meaning losses on one position may coincide with losses on others.

This list is not exhaustive. Prediction market trading involves risks that may not be fully described here. You should carefully consider whether trading is appropriate for you in light of your financial situation and risk tolerance.

18. Indemnification

You agree to indemnify, defend, and hold harmless AlgoPicks and its parent company, Q6 Technology Holdings, Inc, and their respective officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the “AlgoPicks Entities”) from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or inability to use the Service, including the Automated Trading feature.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Any trading losses, financial losses, or other damages resulting from trades executed through the Automated Trading feature or based on any analysis, pick, or recommendation from the Service.
• Any tax liabilities arising from trades executed through the Service.
• Any claim that your use of the Service caused damage to a third party.
• Your User Content.
• Any dispute between you and Kalshi or any other third-party platform, exchange, or service.
• Any regulatory investigation, enforcement action, or legal proceeding related to your trading activity.
• Any claim arising from a security incident, data breach, or unauthorized access to your account or connected accounts, to the extent such incident was caused or contributed to by your failure to secure your credentials, devices, or accounts.
• Any claim by a third party (including Kalshi) arising from unauthorized activity on your connected accounts, regardless of cause.

19. Disclaimers; No Warranties

20. Limitation of Liability

21. Release of Claims

To the maximum extent permitted by applicable law, you hereby release and forever discharge the AlgoPicks Entities from any and all claims, demands, damages, losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of or in any way connected with:

• Any trading losses or financial losses resulting from trades executed by the Automated Trading feature or based on any analysis, pick, or recommendation from the Service.
• Any dispute between you and Kalshi or any other third-party platform.
• Any system failure, downtime, latency, or technical error affecting the Service or the Automated Trading feature.
• Any AI or algorithmic error, inaccuracy, or malfunction.
• Any data breach, cyberattack, hacking incident, ransomware attack, or other security compromise affecting AlgoPicks' systems, servers, databases, or third-party infrastructure providers, including the theft, exposure, or misuse of your stored API credentials, OAuth tokens, personal information, or any other account data.
• Any unauthorized access to, or unauthorized transactions on, your Kalshi account or any other connected account, regardless of whether such access resulted from a compromise of AlgoPicks' systems, your own actions or omissions, the actions of third parties, or any other cause.
• Any loss of funds, assets, or value in your Kalshi account or any other financial account, regardless of cause.
• Any failure, vulnerability, or security incident affecting third-party infrastructure, cloud services, or software used by AlgoPicks.

If you are a California resident, you hereby waive California Civil Code Section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

22. Dispute Resolution and Arbitration

22.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including but not limited to disputes related to the Automated Trading feature, trading losses, or algorithmic errors, and including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted by a single arbitrator in San Francisco, California. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

22.2 Class Action Waiver

YOU AND ALGOPICKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and AlgoPicks agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. THIS WAIVER APPLIES TO ALL CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS RELATED TO TRADING LOSSES, ALGORITHMIC ERRORS, OR SYSTEM FAILURES.

22.3 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Either party may also bring claims in small claims court if the claims qualify.

22.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to us within 30 days of first accepting these Terms. The notice must be sent to:

23. Miscellaneous

23.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California.

23.2 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and AlgoPicks concerning the Service. These Terms do not create any third-party beneficiary rights.

23.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

23.4 Waiver

The failure of AlgoPicks to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

23.5 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. AlgoPicks may assign these Terms without restriction.

23.6 Force Majeure

AlgoPicks shall not be liable for any failure or delay in performing its obligations under these Terms, including the execution of trades through the Automated Trading feature, due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemic, natural disasters, government actions, regulatory changes, power failures, internet or telecommunications failures, third-party API outages, Kalshi platform outages, or third-party service failures.

23.7 Electronic Communications

By using the Service, you consent to receiving electronic communications from us, including notices related to the Automated Trading feature, trade confirmations, risk alerts, and changes to these Terms. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

23.8 SMS/Text Message Communications

By creating an account and providing your phone number, you expressly consent to receive SMS/text messages from AlgoPicks at the phone number you provide. These messages may include:

• Account verification and two-factor authentication codes.
• Trade confirmations, risk alerts, and position notifications related to the Automated Trading feature.
• Service-related transactional messages, including security alerts, account updates, and billing notifications.

Message frequency variesbased on your account activity and notification preferences. Message and data rates may apply depending on your mobile carrier and plan. AlgoPicks does not charge for SMS messages, but your carrier's standard messaging rates apply.

Opt-Out: You may opt out of receiving SMS/text messages at any time by replying STOP to any message you receive from us, or by updating your notification preferences in your account settings. After opting out, you will receive a single confirmation message. Opting out of SMS messages will not affect your ability to use the Service, but you may miss time-sensitive notifications related to your trading activity. You may opt back in at any time by replying START or by updating your notification preferences.

Help: For help with SMS messages, reply HELP to any message or contact us at support@algopicks.com.

Supported Carriers: SMS messages are supported on most major U.S. carriers. Carriers are not liable for delayed or undelivered messages. AlgoPicks is not responsible for messages that are not delivered due to carrier issues, device incompatibility, or changes to your phone number.

Privacy: Your phone number and SMS opt-in data will not be shared with or sold to third parties or affiliates for marketing or promotional purposes. Phone numbers collected for SMS communications are used solely for the purposes described in this section and in our Privacy Policy. See our Privacy Policy for complete details on how we handle your personal information.

23.9 Contact

If you have any questions about these Terms, please contact us at support@algopicks.com.