Terms of Service

These Terms of Service (the “Terms”) form a legally binding agreement between you and FRACTIQ.AI (FRACTIQ.AI, “FRACTIQ,” “we,” “us,” or “our”), operating from the Kingdom of Saudi Arabia. They govern your access to and use of the FRACTIQ.AI website, applications, and any related services we offer (collectively, the “Service”). By creating an account, requesting beta access, redeeming an invitation, or otherwise using the Service, you confirm that you have read, understood, and agree to these Terms and to our Privacy Policy, which is incorporated by reference.

1. The Parties

FRACTIQ.AI is the operator of the Service. Our jurisdiction of establishment is Riyadh, Kingdom of Saudi Arabia. You may contact us at support@fractiq.ai for any enquiry, including legal, compliance, and law-enforcement matters, or at hello@fractiq.ai for privacy and data subject requests.

2. Eligibility

You must be at least 18, legally competent, not subject to international sanctions, and using the Service for lawful purposes only.

You represent and warrant that:

• You are at least eighteen (18) years of age and of full legal capacity to enter a binding contract under the laws of your jurisdiction.
• You are not a person resident in, or a national of, any country subject to an embargo by the Kingdom of Saudi Arabia, the United Nations Security Council, or any major international sanctioning body.
• You are not on any government list of prohibited, restricted, or sanctioned parties.
• Your use of the Service will not violate any applicable law or regulation, including the laws of the Kingdom of Saudi Arabia.

Access during the private beta is by invitation or approved waitlist only. We may decline, limit, suspend, or terminate access at any time, with or without cause and without liability.

3. The Service

The Service is an educational analytical tool that applies Elliott Wave Principle methodology to chart images, tickers, or timeframes you submit. Outputs may include wave labels, probability estimates, rule citations, Fibonacci projections, and written commentary. Outputs reflect probabilistic pattern recognition, not certainty.

The Service relies on third-party AI and market-data providers whose availability, accuracy, cost, and terms are outside our control. Your use of each provider is separately governed by that provider’s own terms.

4. Not Financial Advice. Not a Regulated Activity.

We are not licensed by the Saudi Central Bank (SAMA), the Capital Market Authority (CMA), or any other regulator to provide financial services. Nothing the Service outputs is regulated advice.

The Service does not provide financial, investment, legal, tax, or accounting advice. Elliott Wave analysis is inherently probabilistic and frequently incorrect. Any wave count, target, invalidation level, or narrative shown by the Service is an educational illustration of one possible interpretation, not a forecast or recommendation.

You acknowledge and agree that:

• Trading and investing involve substantial risk of loss, including total loss of capital.
• Past performance, backtested results, and hit-rate statistics do not indicate future results.
• You will independently verify any Service output and consult a licensed financial adviser in your jurisdiction before acting on anything the Service produces.
• We are not licensed by the Capital Market Authority (CMA), the Saudi Central Bank (SAMA), or any other regulator to provide investment advice, portfolio management, asset management, or brokerage services, and the Service is not offered or held out as such.

5. Your Account and Credentials

You are responsible for maintaining the confidentiality of your credentials, for all activity that occurs under your account, and for promptly notifying us at support@fractiq.ai if you suspect unauthorised access. We strongly recommend enabling two-factor authentication.

Any third-party API keys you save to your account are stored in encrypted form and used only to fulfil your own analysis requests. We do not display them back to you in plaintext after you save them, and we do not use them for any purpose other than the service you request.

6. Acceptable Use

You agree not to, and will not permit any third party to:

• Use the Service to offer, market, or provide regulated financial services, managed accounts, or investment-advisory services to third parties;
• Scrape, clone, reverse-engineer, decompile, or otherwise attempt to derive the source code of the Service, its rulebook, or its prompts;
• Upload content that is unlawful, infringing, harassing, defamatory, obscene, hateful, discriminatory, or that contains malware or attack payloads;
• Circumvent, disable, or otherwise interfere with rate limits, authentication, or access controls;
• Attempt to extract, access, or correlate other users’ data, sessions, analyses, or keys;
• Use the Service in a manner that violates any applicable Saudi law, anti-money-laundering regulation, sanctions regime, or export-control law;
• Use the Service to develop a competing product, benchmark it without our written consent, or misrepresent its outputs.

We may remove content, suspend sessions, or terminate accounts that, in our reasonable judgement, violate this section, and we may cooperate with authorities as required by law.

7. Intellectual Property

The Service, including its design, code, brand, rulebook, prompts, documentation, and all related intellectual-property rights (the “FRACTIQ IP”) are owned by or licensed to us. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Service for your own personal or internal business educational purposes during your access period.

You retain ownership of charts, tickers, notes, and other content you submit (“Your Content”). By submitting Your Content, you grant us a worldwide, royalty-free, non-exclusive licence to process it through the Service solely to produce outputs for you, and to use aggregated, anonymised telemetry derived from it to operate, secure, and improve the Service. We do not sell Your Content.

8. Third-Party Services

The Service integrates with third-party AI providers, market-data feeds, hosting, email, and supporting services. Your use of those services is subject to their respective terms and privacy policies. We are not liable for any third-party service’s outages, pricing changes, data handling, content moderation, or decisions.

9. Fees, Trials, and Payment (Beta)

During the private beta, access to the Service is provided at no charge and is subject to withdrawal or change at any time. If we introduce paid plans, we will give you reasonable advance notice and separate commercial terms. You remain responsible for any third-party fees you incur (for example, AI-provider API usage charges billed directly to you).

10. Beta Disclaimers

The Service is currently offered in a private betaand is provided on an “as available” basis. It may contain defects, incomplete features, and unexpected behaviour. Beta participation does not create any obligation on our part to release, maintain, or continue any feature, and we may change, suspend, or discontinue any part of the Service without notice during the beta period.

11. Disclaimers of Warranties

The Service is provided “as is” and “as available.” To the maximum extent permitted by applicable Saudi law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise — including warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, availability, non-infringement, and any warranty arising out of course of dealing or usage of trade.

We do not warrant that:

• Wave counts, probabilities, or commentary produced by the Service are correct, complete, or timely;
• The Service will be uninterrupted, secure, or free of defects or malicious code;
• Output from upstream AI providers is accurate, consistent, bias-free, or safe to act upon;
• Chart data from third parties is current, complete, or error-free.

12. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall FRACTIQ, its founders, directors, employees, contractors, licensors, or affiliates be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, loss of capital from trading, loss of data, loss of business, loss of goodwill, or business interruption, arising out of or related to your use of the Service, even if advised of the possibility of such damages.

Our aggregate liability to you for any and all claims arising from or related to these Terms or the Service, regardless of the form of action, shall not exceed the greater of (a) the amount you have actually paid us for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) SAR 100. During the private beta, no payment is required, so this cap may be SAR 100 by default.

13. Indemnification

You agree to defend, indemnify, and hold harmless FRACTIQ and its affiliates, directors, employees, and contractors from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of, or inability to use, the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual-property or privacy rights; (d) Your Content; and (e) any financial decision you make on the basis of Service outputs.

14. Privacy and Data Protection

We process personal data in accordance with our Privacy Policy and the Saudi Personal Data Protection Law (PDPL) and its implementing regulations. You have the right to access, correct, delete, and port your personal data, as described in that policy. To exercise any right, write to hello@fractiq.ai.

15. Termination

You may stop using the Service and close your account at any time by writing to support@fractiq.ai. We may suspend or terminate your access immediately, without notice or liability, if we reasonably believe you have violated these Terms, posed a security or compliance risk, or for any other lawful reason. Sections that by their nature are intended to survive termination (including sections on Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) shall survive.

16. Modifications

We may update these Terms from time to time. Material changes will be announced via in-app notice or by email to the address on file, and will become effective no earlier than seven (7) days after notice unless a shorter period is required by law or by a security-critical change. Continued use after the effective date constitutes acceptance. The then-current version is always posted at /terms.

17. Force Majeure

Neither party shall be liable for failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil unrest, governmental action, embargoes, sanctions, pandemics, internet or telecommunications outages, supplier or sub-processor failures, or widespread infrastructure incidents.

18. Governing Law and Dispute Resolution

These Terms and any dispute, controversy, or claim arising out of or relating to them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia. You and we submit to the exclusive jurisdiction of the competent courts of Riyadh. Where Saudi law permits, the parties may mutually agree to resolve a dispute through confidential arbitration seated in Riyadh under the rules of the Saudi Centre for Commercial Arbitration (SCCA), in the English language, before a single arbitrator.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction to protect its intellectual-property rights or confidential information. Each party agrees that any cause of action arising out of or related to the Service must be commenced within one (1) year after the cause of action accrues, or it shall be permanently barred.

19. Compliance with Law

We may disclose information about you and your use of the Service in response to a valid legal request from a competent authority in the Kingdom of Saudi Arabia or another jurisdiction where disclosure is legally required. Requests may be directed to support@fractiq.ai.

20. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy and any order form or separately signed agreement, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous understandings.

Severability.If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision shall be modified to the minimum extent necessary to render it enforceable while preserving the parties’ intent.

No waiver. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganisation, or sale of assets.

No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.

Relationship. The parties are independent contractors; nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship.

Language. These Terms are published in English. Any Arabic translation is provided for convenience only; the English version governs in the event of any conflict, except where Saudi law requires the Arabic text to prevail.

Notices. Legal notices to us must be sent in writing to support@fractiq.ai. We may send notices to you via email or in-app message to the address on file.

21. Contact

General and legal: support@fractiq.ai
Privacy requests: hello@fractiq.ai