Terms of Service

7.1 Service Description: Our Managed Service provides expert technical configuration and management of Expert Advisors on YOUR provided VPS infrastructure using YOUR provided MT5 and VPS credentials and configuration settings. This is a TECHNICAL SERVICE ONLY. You are responsible for providing and maintaining your own VPS hosting.

7.2 NO FINANCIAL ADVICE: AlgoKits is NOT a financial advisor, broker, or investment advisor. We provide software and technical services only. Nothing we provide constitutes financial, investment, legal, or tax advice. You are solely responsible for evaluating whether trading is appropriate for your financial situation and risk tolerance.

7.3 NO GUARANTEES OR WARRANTIES: The Managed Service is provided "AS IS" without warranties of any kind. We make NO guarantees regarding:

• Trading performance, profits, returns, or profitability
• Uptime, availability, or reliability of YOUR VPS infrastructure (you are responsible for selecting and maintaining a reliable VPS provider)
• Compatibility with your specific broker, account type, or VPS configuration
• Prevention of losses, drawdowns, or margin calls
• Execution quality, slippage, or order fills

Any performance data shown is historical and does NOT guarantee future results.

7.4 ACCOUNT ACCESS & CREDENTIALS: By providing your MT5 and VPS credentials, you:

• Grant us explicit permission to access your VPS infrastructure and trading account for EA configuration and management
• Acknowledge we will place trades on your behalf according to YOUR chosen EA settings
• Accept responsibility for ensuring your account has sufficient margin and funds
• Accept responsibility for maintaining your VPS subscription and ensuring it remains accessible
• Confirm you have legal authority to grant us access to this trading account and VPS
• Release us from liability for any unauthorized access resulting from credential theft, VPS provider security breaches, broker security breaches, or third-party actions beyond our control

You must immediately notify us at [email protected] if you wish to revoke access.

7.5 CONFIGURATION RESPONSIBILITY: You are solely responsible for:

• Providing accurate and appropriate EA configuration settings
• Ensuring settings match your risk tolerance and account size
• Understanding how the EA operates before activation
• Monitoring your account balance, margin, and EA performance regularly
• Maintaining adequate account balance to sustain trading activity

We configure EAs according to YOUR specifications. We are NOT responsible for losses resulting from aggressive settings, insufficient margin, inappropriate risk parameters, or any configuration choices YOU make.

7.6 TECHNICAL FAILURES & FORCE MAJEURE: We are NOT liable for failures caused by:

• Internet connectivity issues, server outages, or VPS provider failures
• Broker server problems, downtime, requotes, slippage, or execution delays
• Market gaps, extreme volatility, flash crashes, or low liquidity events
• Acts of God, war, terrorism, government restrictions, or regulatory actions
• Third-party software, hardware, or service provider failures
• Power outages, natural disasters, or infrastructure failures
• Cyberattacks, DDoS attacks, or malicious third-party actions

7.7 NO BROKER RESPONSIBILITY: We have NO control over and are NOT responsible for:

• Your broker's execution quality, spreads, commissions, or fees
• Broker insolvency, bankruptcy, withdrawal restrictions, or account freezes
• Regulatory actions, investigations, or penalties against your broker
• Changes to broker terms, leverage limits, margin requirements, or trading conditions
• Broker platform bugs, glitches, or technical issues

You are responsible for choosing a reputable, properly regulated broker.

7.8 ENHANCED LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALGOKITS SHALL NOT BE LIABLE FOR:

• Any and all trading losses, missed opportunities, or account drawdowns
• Direct, indirect, incidental, consequential, special, or punitive damages
• Loss of profits, revenue, data, business opportunities, or goodwill
• Damages arising from VPS downtime, connectivity issues, or technical failures
• Errors in EA configuration, even if caused by our staff's negligence
• Margin calls, stop-outs, or account liquidations
• Broker disputes, withdrawal problems, or account restrictions
• Tax liabilities, regulatory penalties, or legal issues arising from your trading

IN NO EVENT SHALL OUR TOTAL LIABILITY FOR THE MANAGED SERVICE EXCEED THE AMOUNT YOU PAID FOR THE MANAGED SERVICE IN THE PAST THIRTY (30) DAYS.

7.9 USER REPRESENTATIONS & WARRANTIES: You represent, warrant, and confirm that:

• You are legally permitted to trade financial instruments in your jurisdiction
• Your MT5 trading account is legitimate, properly funded, and in good standing
• You have legal authority and capacity to grant us account access
• You will NOT use the service for money laundering, fraud, or illegal purposes
• All information you provide is accurate, complete, and truthful
• You understand the risks of leveraged trading and accept full responsibility
• You have adequate financial resources to sustain potential losses

We reserve the right to refuse service, suspend accounts, or terminate access for users who violate these obligations or whose activities appear suspicious or fraudulent.

7.10 INDEMNIFICATION: You agree to indemnify, defend, and hold harmless AlgoKits, its officers, directors, employees, contractors, and agents from ANY AND ALL claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from or related to:

• Your use of the Managed Service
• Your trading activities, losses, or account performance
• Your violation of these terms or any applicable laws/regulations
• Disputes with your broker, regulatory bodies, or third parties
• Any taxes, fees, penalties, or regulatory issues related to your trading
• Unauthorized access to your account due to your credential management
• Your breach of broker terms or trading regulations

7.11 SERVICE MODIFICATIONS & TERMINATION: We reserve the right to:

• Modify, suspend, or discontinue the Managed Service at any time with or without notice
• Change EA settings, features, functionality, or VPS infrastructure
• Terminate your access immediately for breach of terms or suspicious activity
• Refuse service to any user for any reason at our sole discretion
• Migrate to different VPS providers or change technical infrastructure

You may cancel the Managed Service at any time through your dashboard. NO refunds for partial months or unused time. Upon termination or cancellation, we will disable all EAs and cease accessing your account within 24 hours. You remain responsible for any open trades or account management after termination.

7.12 DATA SECURITY & PRIVACY: We store your MT5 credentials securely and implement industry-standard security measures. However, we CANNOT guarantee absolute security. You acknowledge the inherent risks of transmitting sensitive information over the internet. We are NOT liable for data breaches, credential theft, or unauthorized access resulting from third-party cyberattacks, sophisticated hacking attempts, or vulnerabilities beyond our reasonable control.

7.13 MONITORING & RESPONSIBILITY: While we provide the technical infrastructure, YOU remain responsible for:

• Regularly monitoring your trading account balance and equity
• Checking EA performance, trade history, and system status
• Ensuring adequate margin to avoid stop-outs
• Reviewing and adjusting EA settings as market conditions change
• Contacting us immediately if you notice issues or want to make changes

We are NOT responsible for monitoring your account health or preventing margin calls. This is YOUR obligation.

7.14 NO CLASS ACTIONS: You agree to resolve any disputes with AlgoKits through individual arbitration only. You WAIVE your right to participate in class action lawsuits, class arbitrations, or representative actions. Each party may only bring claims against the other in an individual capacity.