Terms of Service

Your affirmative act of using our website located at www.kelvon.com (and all associated pages and services linked to it) or our services (Kelvon) signifies that you agree to the following Terms of Service (Terms of Service). If you do not agree, do not use Kelvon. Kelvon is operated by Kelvon, Inc., a Delaware corporation (us, we, or our).

PLEASE NOTE THAT THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BETWEEN YOU AND KELVON, INC. (ARBITRATION AGREEMENT). UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS, YOU AND KELVON AGREE TO SUBMIT ALL DISPUTES BETWEEN US EXCLUSIVELY TO BINDING AND FINAL ARBITRATION AND NOT TO SUE IN COURT, EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN SECTION 24 BELOW.

1. Changes to the Terms of Service

Except as described in Section 24.8, we may change these Terms of Service at any time. For any material changes, we will provide reasonable advance notice by posting the revised Terms of Service on this page, updating the effective date, and, where practicable, notifying you by email or through the Service. If you continue to use Kelvon after we post changes to these Terms of Service, you are signifying your acceptance of the new terms. You will always have access to our current Terms of Service at kelvon.com/terms.

2. Changes to Kelvon

We may discontinue or change any service or feature on Kelvon at any time without notice. We do not guarantee backward compatibility of our services and Application Programming Interface (API) in this case. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service or any part thereof.

3. Ownership of Information; License to Use Kelvon

Unless otherwise noted, all rights, titles, and interests in Kelvon, and all information, software, text, graphics, designs, functionality, and other content made available through Kelvon or our services, in all languages, formats, and media throughout the world, including, but not limited to, all copyrights, trademarks, and trade secrets therein, are the exclusive property of Kelvon, our affiliates, or its licensors (collectively, Kelvon Content).

All rights, titles, and interests in and to any data or/and other information provided by Kalshi and Polymarket, and all such data/information made available by Kalshi and Polymarket through Kelvon or our services, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are the property of Kalshi or Polymarket, our affiliates or our Data Providers (as applicable).

The content and market data provided on the Kelvon platform, including but not limited to charts, alerts, webhooks, and any other forms of information, are licensed for exclusive display-only use. This license is strictly limited to personal or internal business purposes and explicitly prohibits any form of non-display usage. Such prohibited uses include, but are not limited to, any form of automated trading, automated order generation, price referencing, order verification, algorithmic decision-making, algorithmic trading, smart order routing, using data in operations control or risk management programs, or any machine-driven processes that do not involve the direct, human-readable display of such data. Such prohibited cases also include creating products or services based on Kelvon content, any processing of Kelvon's content, or any other use cases that undermine the restrictions in place by the Data Providers.

Notwithstanding the foregoing, we expressly forbid direct non-display usage by our users, as well as the development, offering, or utilization of any third-party products, tools, or services designed to facilitate or enable such non-display usage of Kelvon's content and market data. For the avoidance of doubt, it is hereby explicitly prohibited for any third party to create, offer, or operate any product or service that:

• Utilizes, repurposes, or relies upon Kelvon's market data, including but not limited to charts, alerts, webhooks, and any forms of information provided by Kelvon, for any form of automated trading, algorithmic decision-making, or any other non-display purposes.
• Facilitates, enables, or encourages Kelvon users or any other parties to engage in activities that would constitute a breach of this policy, including but not limited to automated order generation, price referencing, order verification, smart order routing, or the use of Kelvon data in operations control, risk management programs, or any machine-driven processes excluding direct, human-readable display.
• Claims compatibility with, or advertises the use of, Kelvon's features (such as webhooks) for purposes that are explicitly prohibited by Kelvon's terms, thereby indirectly contributing to violations of Kelvon's usage restrictions.

This policy applies equally to all entities, irrespective of whether they are direct users of Kelvon's services or third-party service providers. The provision of features by Kelvon, such as webhooks, is intended solely for permissible uses within the scope of display and personal or internal business purposes, as originally defined. Any interpretation, adaptation, or exploitation of these features that contravenes the spirit or letter of this policy is strictly forbidden. Any attempt by a third-party provider to claim non-usage of Kelvon's services as a defense for facilitating prohibited uses of Kelvon's data is hereby declared null and void. The obligations and restrictions contained in this policy apply equally to Kelvon direct users and to any third-party entities that provide services or products that interact with, or make use of, Kelvon's data, irrespective of their direct engagement with the Kelvon platform.

Except as otherwise expressly permitted, our agreements with Data Providers strictly forbid the sublicensing, assigning, transferring, selling, loaning, or any distribution of Kelvon content, including market data, for any form of compensation. In addition, you shall not, without the prior expressed written consent of Kelvon and the relevant Data Providers, make copies of any of the software or documentation that may be provided, electronically or otherwise, including, but not limited to, translating, decompiling, disassembling or creating derivative works.

Except as otherwise expressly permitted by separate agreement, we do not permit commercial usage of any of our services or APIs. We make no warranty and assume no obligation or liability for third party services or software. Please see Section 20 (Third-Party Software) below for further information.

Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use Kelvon solely for your personal or internal business research and informational purposes. This license does not include any right to: (a) copy, reproduce, distribute, republish, or retransmit any Kelvon Content; (b) create derivative works based on Kelvon Content; (c) use the Service for any commercial purpose not expressly authorized by us; or (d) access the Service by any means other than through the interface we provide.

We expressly prohibit: (i) the scraping, crawling, or automated collection of any data or content from the Service except as expressly permitted in writing; (ii) the redistribution, sale, or sublicensing of any data or analysis obtained through the Service; (iii) the use of Service outputs to train, develop, or improve any artificial intelligence or machine learning model without our prior written consent; and (iv) any use of the Service that competes with or is intended to replicate the functionality of Kelvon.

Kelvon reserves the right to take any and all necessary actions, including legal measures, to ensure compliance with these terms, protect its intellectual property, and maintain the integrity of its services. Consequences of violations may include, without limitation, termination of your account and potential legal action, including injunctive relief and damages.

4. Attribution

Kelvon grants all users of kelvon.com, and all other available versions of the site, the ability to use snapshots of Kelvon analysis graphics in analysis, press releases, books, articles, blog posts and other publications. In addition, Kelvon grants the use of all previously mentioned materials in education sessions, the display of Kelvon analysis graphics during video broadcasts, which includes overviews, news, analytics and otherwise use or promote Kelvon analysis graphics or any products from the Kelvon website on the condition that Kelvon attribution is clearly visible at all times when such graphics and products are used.

Attribution must include a reference to Kelvon, including, but not limited to, the use cases described herein.

Use of Kelvon analysis graphics during video or other promotions where Kelvon attribution is not visible, must include a description of the product used therein. For instance: Analytics platform used for this analysis is provided by Kelvon, or simply Graphics by Kelvon. Font size should not be less than 10 PT = 13PX = 3.4MM.

The use of any Kelvon products outside the Kelvon website, without a proper attribution of Kelvon, is not allowed. This extends to any tools (such as widgets) obtained on the Kelvon website and utilized on the outside resources, where attribution should remain as was originally designed and intended. Users who disobey this attribution rule herein may be banned permanently, and other legal actions may be taken to ensure compliance. This includes, but is not limited to, cease-and-desist warnings, court orders, injunctions, fines, damages relief, and so on.

5. Third-Party Platforms and Services

Kelvon aggregates data, content, and information from third-party prediction market platforms, news sources, data providers, and other external services (collectively, Third-Party Sources). These include, but are not limited to, Kalshi, Polymarket, and various public news, sports, economic, and social data providers.

Kelvon is not affiliated with, endorsed by, or an official partner of any Third-Party Source unless expressly stated otherwise. We do not control, verify, or take responsibility for any content provided by Third-Party Sources, and we make no representations or warranties regarding the accuracy, completeness, timeliness, or reliability of any such data. Third-party data incorporated into the Service may be delayed, contain errors, or become outdated without notice.

When you access or use third-party prediction market platforms referenced in or accessible through our Service, you are subject to those platforms' own terms of service, privacy policies, and applicable regulatory requirements. We are not responsible for the terms, conditions, practices, or operations of any third-party platforms, and any issues arising from your use of those platforms must be resolved directly with them. We do not endorse the content or services offered by any third-party websites or platforms, and we are not liable for any loss or damage arising from your use of such websites or your dealings with any third-party provider.

Unauthorized soliciting on or through Kelvon is strictly prohibited and may result in account termination and legal action for monetary and other damages.

6. Disclaimer of Warranties

KELVON AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH KELVON ARE PROVIDED BY KELVON, INC. ON AN AS IS AND AS AVAILABLE BASIS. KELVON, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KELVON DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME KELVON MAY REMOVE OR MODIFY THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THESE TERMS OF SERVICE. KELVON DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KELVON DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.

Various information available through our services may be obtained from third-party data providers, news organizations, and other sources believed to be reliable. Nevertheless, due to various factors, including the inherent possibility of human, mechanical, and algorithmic error, the accuracy, completeness, timeliness, and correct sequencing of information available through our services are not and cannot be guaranteed by Kelvon, Inc.

7. Disclaimer Regarding Investment Decisions and Trading

THE SERVICE DOES NOT CONSTITUTE FINANCIAL, INVESTMENT, TRADING, TAX, OR LEGAL ADVICE. All information, data, analysis, and other content provided through the Service is for general informational and educational purposes only and should not be construed as a recommendation to buy, sell, hold, or take any position in any prediction market contract, financial instrument, or investment product.

Decisions to buy, sell, hold, or trade in prediction markets, securities, commodities, and other investments involve risk and are best made based on the advice of qualified financial professionals. Prediction markets involve a substantial risk of loss and are not suitable for all individuals. Past performance of any market, strategy, or analytical signal is not indicative of future results. The practice of active trading involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading activity, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through Kelvon or our services.

8. Disclaimer Regarding AI-Generated Content and Probabilistic Outputs

The Service uses artificial intelligence systems to generate analysis, probability estimates, fair value calculations, market research summaries, signals, and other content (AI-Generated Content). AI-Generated Content is probabilistic in nature and subject to significant limitations, some of which are described below.

AI-Generated Content may contain errors, inaccuracies, hallucinations, outdated information, or outputs that are inconsistent with actual market conditions. No representation is being made that any account will or is likely to achieve profits or losses consistent with any AI-generated analysis or probability estimate. In fact, there may be sharp differences between AI-generated probability outputs and actual outcomes.

PROBABILITY ESTIMATES, FAIR VALUE CALCULATIONS, MARKET SIGNALS, AND OTHER AI-GENERATED OUTPUTS ARE MODEL OUTPUTS DERIVED FROM PUBLICLY AVAILABLE DATA AND PROPRIETARY ALGORITHMS. THEY ARE NOT PREDICTIONS OF FUTURE OUTCOMES AND SHOULD NOT BE INTERPRETED AS GUARANTEES OF PERFORMANCE OR AS INVESTMENT RECOMMENDATIONS. AI-GENERATED ANALYSIS SHOULD BE INDEPENDENTLY VERIFIED BEFORE USE AND SHOULD NOT SERVE AS THE SOLE BASIS FOR ANY FINANCIAL DECISION.

One of the limitations of AI-generated analysis is that outputs are generally prepared based on the data available at the time of generation and may not reflect subsequent market developments. Furthermore, AI models do not bear actual financial risk in their analysis, and no AI-generated output can fully account for the impact of financial risk, behavioral factors, market liquidity, or other real-world variables in actual trading. There are numerous other factors related to markets in general that cannot be fully accounted for by any AI model and that can adversely affect actual trading results.

Kelvon does not guarantee the accuracy, completeness, or timeliness of any AI-Generated Content and accepts no liability for any trading loss or other damage arising from reliance thereon.

9. Prediction Market Regulatory Compliance

Kelvon operates as an AI-powered research and analytics platform. Kelvon does not operate a prediction market, exchange, or trading venue. Kelvon does not facilitate, broker, or execute trades or wagering activities on behalf of users. Kelvon does not hold, custody, or transmit user funds. Kelvon, Inc. is not registered with or regulated by the Commodity Futures Trading Commission (CFTC), the Securities and Exchange Commission (SEC), or any other financial regulatory authority as a result of providing the Service described herein.

Users are solely responsible for ensuring that their access to and use of any third-party prediction market platform referenced in or accessible through our Service complies with all applicable laws and regulations in their jurisdiction, including but not limited to gambling, derivatives, and securities laws. Kelvon makes no representation that prediction market participation is legal in your jurisdiction.

Certain prediction market platforms referenced in our analysis may not be available or legal in all jurisdictions. Nothing on this platform should be construed as an invitation, inducement, or solicitation to engage in any regulated financial activity. We reserve the right to restrict or suspend access to the Service in any jurisdiction at any time.

10. Blockchain and On-Chain Data

The Service may analyze and display publicly available blockchain data, including wallet activity, transaction history, on-chain positions, and related analytics (On-Chain Data). Wallet tracking, transaction analysis, and related signals are derived from public blockchain records and are provided for informational purposes only.

Kelvon does not attempt to identify or profile the natural persons behind any blockchain address. Any wallet labels, designations, or characterizations used in our analysis (such as smart money or similar terms) are derived from publicly observable on-chain behavior and are used for analytical convenience only. Such labels may be inaccurate, incomplete, or outdated, and Kelvon makes no warranty as to their accuracy.

Past wallet performance or on-chain activity is not indicative of future results. Following or replicating any wallet's trading activity is done entirely at your own risk, and Kelvon accepts no liability in connection therewith.

11. Registered Users

Certain features of the Service, including access to AI research tools, watchlists, and personalized analytics, are available only to registered users and require you to create an account with a username and password. If you register as a user, your clicking Sign Up, Get Started, or a similar button will further confirm your agreement to be legally bound by these Terms of Service.

In consideration of your use of the Service, you represent and warrant that: (a) you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms of Service; (b) you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction; (c) if you are accessing the Service on behalf of a legal entity, you have authority to bind such entity to these Terms of Service; and (d) all information you provide during registration is true, accurate, current, and complete.

You agree to maintain and promptly update your registration information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Kelvon has reasonable grounds to suspect such information is inaccurate or incomplete, Kelvon has the right to suspend or terminate your account and refuse any current or future use of the Service.

We may remove your submitted content without notice if we reasonably believe you are in violation of these Terms of Service.

12. Access and Security

You accept responsibility for the confidentiality and use of any username and password you use to register for access to and use of the Service. You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. Kelvon cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You agree to: (a) immediately notify Kelvon at support@kelvon.com of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you log out from your account at the end of each session when accessing the Service from a shared or public device. Kelvon cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

13. User Data and Privacy

We collect and process personal information in connection with your use of the Service as described in our Privacy Policy, available at kelvon.com/privacy (the Privacy Policy), which is incorporated into these Terms of Service by reference. In the event of any conflict between these Terms of Service and the Privacy Policy with respect to the treatment of your personal information, the Privacy Policy shall govern. We encourage you to review the Privacy Policy carefully before using the Service.

14. Payment, Billing, and Cancellation

14.1. By subscribing to any paid plan on kelvon.com (including any free trial period), you confirm that you have read and accepted these Terms of Service and you authorize Kelvon, Inc. to automatically charge your payment method on a recurring basis according to the billing cycle you select.

14.2. Kelvon currently offers the following subscription plans, subject to change in accordance with Section 14.8: (i) a Free plan with limited AI usage and features at no charge; (ii) a Pro plan billed monthly at the rate posted at kelvon.com, with extended AI usage and an unlimited watchlist; and (iii) an Elite plan billed monthly at the rate posted at kelvon.com, with enhanced AI usage, all Pro features, and priority support. Current plan features and pricing are always available at kelvon.com.

14.3. Subscriptions are billed in advance on a monthly basis. All billing is recurring — you will continue to be charged until you cancel. You are solely responsible for properly canceling your Kelvon subscription. You may cancel at any time by visiting the billing section of your account settings. A cancellation request submitted only by email or support ticket, without completing the in-product cancellation flow, does not constitute a valid cancellation.

14.4. Each paid subscription plan includes a monthly allocation of AI usage credits (Credits). Credits are consumed when you use AI-powered features of the Service. Your monthly Credit allocation resets at the start of each new billing cycle. Unused Credits from a paid plan roll over to your next billing cycle; rollover Credits are applied first and expire at the end of that cycle if unused. Credits have no cash value and are non-transferable.

14.5. If you cancel your subscription before the end of your current billing period, your subscription will remain active through the end of that period. After that date, your account will downgrade to the Free plan. No partial-period refunds are issued for monthly subscriptions, except as required by applicable law.

14.6. Refunds for monthly subscription charges are not available except as required by applicable law or at our sole discretion. If you believe a billing error has occurred, please contact us at support@kelvon.com within thirty (30) days of the disputed charge. Please note that users who have filed a chargeback or payment dispute are not eligible for a discretionary refund.

14.7. If you upgrade your subscription plan mid-cycle, you will receive your new Credit allocation immediately upon upgrade. Any unused Credits from your prior plan will carry forward in addition to your new plan allocation.

14.8. We reserve the right to change our subscription pricing and plan features at any time. We will provide at least thirty (30) days' advance notice of any price increase to existing paid subscribers via email or through the Service. Your continued use of a paid subscription after the effective date of any price increase constitutes your acceptance of the new pricing.

14.9. Subscription prices do not include applicable taxes, including sales tax, value-added tax (VAT), goods and services tax (GST), or other similar taxes or levies. Where Kelvon is required by applicable law to collect such taxes, the applicable tax amount will be added to your subscription charge and disclosed at checkout or on your invoice. You are solely responsible for all taxes, duties, and fees associated with your use of any third-party prediction market platform and any taxes arising from your trading or investment activity.

15. Feedback to Kelvon

By submitting ideas, suggestions, comments, documents, or proposals regarding the Service (Contributions) to Kelvon through any feedback channel, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Kelvon is not under any obligation of confidentiality with respect to the Contributions; (c) Kelvon shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, and in any media worldwide; (d) Kelvon may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Kelvon, Inc., without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Kelvon under any circumstances in connection with your Contributions.

16. Indemnification

You agree to indemnify, defend, and hold harmless Kelvon, Inc. and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from or related to: (a) content you submit, post, transmit, modify, or otherwise make available through the Service; (b) your use of the Service; (c) your connection to the Service; (d) your violation of these Terms of Service; (e) your violation of any rights of another person or entity; or (f) any action taken by Kelvon, acting reasonably, as part of its investigation of a suspected violation of these Terms of Service or as a result of its finding or decision that a violation has occurred. This obligation shall survive the termination or expiration of your use of the Service.

If you have a dispute with one or more users of Kelvon, you agree to release Kelvon, Inc. from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

17. Termination

Upon your request, your account can be deleted from Kelvon. You may request account deletion at any time by visiting your account settings. Upon deletion, your personal data will be handled in accordance with our Privacy Policy. Certain data may be retained as required by applicable law or as necessary for our legitimate business purposes, including auditing, security, fraud prevention, and legal compliance.

You agree that Kelvon may, without prior notice, immediately terminate, limit your access to, or suspend your Kelvon account and access to the Service. Cause for such termination, limitation of access, or suspension shall include, but not be limited to: (a) breach or violation of these Terms of Service or other incorporated agreements or policies; (b) requests by law enforcement or other governmental authorities; (c) discontinuance or material modification of the Service; (d) unexpected technical or security issues or problems; (e) extended periods of inactivity; or (f) engagement in fraudulent, illegal, or harmful activities. All such decisions shall be made in Kelvon's sole discretion, and Kelvon shall not be liable to you or any third party for any termination of your account or access to the Service.

All provisions of these Terms of Service which by their nature should survive termination shall survive, including without limitation: ownership provisions, warranty disclaimers, indemnification, the arbitration agreement, and limitations of liability.

18. Emails and Communications

By creating an account with Kelvon, you agree that Kelvon may use your email address to send you service-related notices, important account information, and, where you have consented or as permitted by applicable law, marketing materials, product updates, and special offers. You can unsubscribe from marketing emails at any time by clicking the unsubscribe link provided in any such email or by adjusting your notification preferences in your account settings. Opting out of marketing communications does not affect your receipt of transactional or account-related communications.

19. Acceptable Use Policy

By creating and using an account on Kelvon, you confirm that you have read and agree to abide by this Acceptable Use Policy. You agree not to engage in any of the following prohibited activities:

• 19.1. Violating any applicable federal, state, local, or international law or regulation;
• 19.2. Attempting to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service;
• 19.3. Using any automated means, including robots, crawlers, or scrapers, to access the Service or collect data therefrom, except as expressly permitted in writing by Kelvon;
• 19.4. Reproducing, distributing, publicly displaying, or creating derivative works based on any Kelvon Content without prior written authorization;
• 19.5. Reverse engineering, decompiling, or disassembling any aspect of the Service;
• 19.6. Interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected thereto;
• 19.7. Using Service outputs to train, fine-tune, or otherwise develop any artificial intelligence or machine learning model, including any model intended to compete with Kelvon, without prior written consent;
• 19.8. Posting or transmitting any content that is unlawful, harassing, defamatory, abusive, threatening, harmful, or otherwise objectionable;
• 19.9. Impersonating any person or entity or misrepresenting your affiliation with any person or entity;
• 19.10. Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Kelvon or users of the Service;
• 19.11. Making misleading claims about Kelvon's AI capabilities, probability estimates, or analytical outputs to any third party;
• 19.12. Using the Service for any commercial purpose not expressly authorized by these Terms of Service.

Our team has the authority to warn or suspend users (including those with a paid subscription) who do not abide by this Acceptable Use Policy. We do not offer refunds in cases where your account is suspended or terminated for violations of this Policy while your paid subscription and its features remain otherwise available.

20. Third-Party Software and Services

Our software, website, and/or services may include software components, APIs, and technologies supplied by third parties which are utilized pursuant to the terms provided by such parties (Third-Party Software). Kelvon expressly disclaims any warranty or other assurance to you regarding Third-Party Software. Please note that your use of Third-Party Software will be governed by the terms and conditions of use and privacy policies of the applicable third-party providers, and not by these Terms of Service or our Privacy Policy. We make no warranty and assume no obligation or liability for third-party services or software.

21. No Recommendation or Advice

The information, analysis, and other content available through the Service are not meant to be, and do not constitute, financial, investment, trading, tax, legal, or other types of advice or recommendations supplied or endorsed by Kelvon, Inc.

Any AI-generated output, probability estimate, or market analysis available through the Service (which may be subject to change without notice) reflects probabilistic model outputs derived from publicly available data. Kelvon makes no representations or warranties as to the accuracy or completeness of any information or analysis provided through the Service.

Kelvon and its affiliates are not liable for any losses incurred as a result of any investment or trading decision made on the basis of any analysis, signal, estimate, or information presented through the Service. The contents of the Service should not be interpreted as an express or implicit promise, guarantee, or indication by Kelvon that users will profit, or that losses in connection with any trading activity can or will be limited, if they rely on information provided through the Service.

22. Kelvon Referral Program

22.1. Who Is Eligible to Be a Referrer? Any registered Kelvon account holder in good standing may participate in the Kelvon referral program as a referrer.

22.2. Who Is Eligible to Be a Referee? Your referee must be a new Kelvon user who has not previously held a Kelvon account. To qualify for referral rewards, your referee must create their account using your unique referral link and complete a qualifying action as specified in the then-current referral program terms posted at kelvon.com.

22.3. How Can I Use My Referral Link? Kelvon wants you to share your referral link, but you agree that in doing so you will not: (a) attempt to acquire referees through spamming, bulk emailing, or sending large numbers of unsolicited communications; (b) use, display, or manipulate Kelvon intellectual property in any unauthorized manner; (c) create or register any business, URL, domain name, application name, or social media handle that includes the word Kelvon or any confusingly similar mark; (d) make misleading claims about Kelvon or misrepresent your connection to Kelvon; (e) use automated systems or bots to distribute your referral link; or (f) engage in any conduct that violates these Terms of Service or applicable law.

22.4. How Do Referral Rewards Work? Referral rewards, if any, will be described in the then-current referral program terms posted at kelvon.com. The nature, value, and conditions of referral rewards are subject to change at Kelvon's sole discretion. Referral rewards are not transferable, have no cash value, and expire as set forth in the applicable program terms. In the event your referee files a chargeback or claims a refund for their subscription, any referral reward associated with that referee may be canceled.

22.5. Modifications and Termination. Kelvon reserves the right to change, end, or pause the referral program at any time for any reason, including suspected fraud or abuse by any referrer or referee.

23. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KELVON, INC. AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF KELVON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

• 23.1. THE USE OR INABILITY TO USE THE SERVICE OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE;
• 23.2. ANY CHANGES MADE TO THE SERVICE, OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF;
• 23.3. THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• 23.4. ANY TRADING OR INVESTMENT DECISIONS MADE IN RELIANCE ON AI-GENERATED CONTENT, PROBABILITY ESTIMATES, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE;
• 23.5. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE;
• 23.6. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SERVICE; AND
• 23.7. ANY OTHER MATTER RELATING TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF KELVON, INC. TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO KELVON IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

24. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

24.1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Kelvon, Inc. agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Service, any communications you receive from us, and/or these Terms of Service and prior versions thereof (each, a Dispute) will be resolved by binding arbitration, rather than in court, except that: (1) you and Kelvon may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Kelvon may seek equitable relief in any court of competent jurisdiction for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, Dispute will also include disputes that arise from or involve facts occurring before the existence of this or any prior version of these Terms of Service, as well as claims that may arise after the termination of these Terms of Service.

24.2. Informal Resolution. Before initiating arbitration, you agree to first contact us at legal@kelvon.com and provide a written description of the Dispute and the relief you are seeking. We will attempt to resolve the Dispute informally within thirty (30) days of receiving your notice. If we are unable to resolve the Dispute informally within that period, either party may then initiate arbitration as provided below.

24.3. Waiver of Jury Trial. YOU AND KELVON, INC. HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Kelvon are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 24.1 above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

24.4. Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection are invalid or unenforceable as to a particular claim or request for relief, that particular claim or request for relief shall be severed from the arbitration and may be litigated in the state or federal courts located in Delaware. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Kelvon from participating in a class-wide settlement of claims.

24.5. Rules and Forum. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect (available at www.adr.org), as modified by this Arbitration Agreement. A party who wishes to initiate arbitration must provide the other party with a written Demand for Arbitration. The Demand must include: (i) the claimant's name, address, and contact information, and the email address associated with any Kelvon account; (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought and a good-faith calculation of the amount in controversy; and (iv) a statement that the claimant agrees to pay any required AAA filing fees. Any Demand you send to Kelvon should be sent by email to legal@kelvon.com or by mail to: Kelvon, Inc., Legal Department, 2801 Ocean Park Blvd, Unit #2536, Santa Monica, CA 90405. Unless you and Kelvon otherwise agree, the arbitration, including any hearing, will be conducted remotely via videoconference or document submission. Filing fees and costs will be allocated in accordance with the AAA's Consumer Arbitration Rules, except that Kelvon will pay all AAA filing, administration, and arbitrator fees for any arbitration where the amount in dispute is less than $10,000, provided the claim is not found to be frivolous. The arbitration will be conducted in the English language by a single arbitrator who is either a retired judge or a licensed attorney. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The award of the arbitrator is final and binding upon the parties, and judgment on the award may be entered in any court of competent jurisdiction.

24.6. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Kelvon agree that if twenty-five (25) or more individual Demands of a substantially similar nature are filed against Kelvon by or with the assistance of the same law firm, group of law firms, or organizations within a ninety (90) day period, the AAA shall: (i) administer the arbitration demands in batches of up to 100 Demands per batch; (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, and one final award. This provision shall not be interpreted as authorizing or creating a class, collective, or representative arbitration of any kind.

24.7. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to legal@kelvon.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name, your mailing address, the email address associated with your Kelvon account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. Opt-out notices submitted by any third party purporting to act on your behalf will have no effect on your rights. If you opt out of this Arbitration Agreement, all other provisions of these Terms of Service will continue to apply to you.

24.8. Invalidity, Expiration. Except as provided in Section 24.4, if any part of this Arbitration Agreement is found to be invalid or unenforceable, that specific part shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if Section 24.4 is found to be invalid or unenforceable, the entire Arbitration Agreement shall be void, and all Disputes shall be resolved in the state or federal courts located in Delaware. You agree that any Dispute must be initiated within the applicable statute of limitations period, or it will be forever time barred.

24.9. Modification. Kelvon retains the right to modify this Arbitration Agreement in the future. Material changes will be posted at kelvon.com/terms. We will notify you of any material change to this Arbitration Agreement by email. Your continued use of the Service following notice of such changes constitutes your acceptance of the modified Arbitration Agreement.

24.10. Governing Courts. To the extent any Dispute is not covered by this Arbitration Agreement, it shall be resolved exclusively before the state or federal courts located in the State of Delaware (except for small claims court actions which may be brought in the county where you reside), and you hereby consent to the personal jurisdiction of such courts.

24.11. Governing Law. These Terms of Service and your use of the Service are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. If you are a resident of a jurisdiction in which this Arbitration Agreement is prohibited by local law, this arbitration section does not apply to you, and any Disputes between us shall be governed by the laws of Delaware and resolved in the courts of Delaware, or where required by applicable law, in the courts of your jurisdiction of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

25. Severability and Waiver

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed from these Terms of Service. The remaining provisions shall continue in full force and effect.

No failure or delay by Kelvon in exercising any right, remedy, or power under these Terms of Service shall operate as a waiver of that right, remedy, or power. No single or partial exercise of any right, remedy, or power shall preclude any other or further exercise of that right, remedy, or power or the exercise of any other right, remedy, or power under these Terms of Service. Any waiver by Kelvon of a breach of any provision of these Terms of Service must be made in writing and shall not be construed as a waiver of any subsequent breach or as a waiver of the provision itself.

26. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies or agreements expressly incorporated by reference herein, constitute the entire agreement between you and Kelvon, Inc. with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

27. Contact Information

If you have any questions regarding these Terms of Service, please contact us at: