Legal
By accessing, registering for, or using KGF Terminal (the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms constitute a binding legal agreement between you ("User") and KGF Capital® ("KGF," "we," "us," or "our").
KGF reserves the right to modify these Terms at any time. Continued use of the Service following notification of changes constitutes your acceptance of the modified Terms.
KGF Terminal is an information service that provides macro intelligence, market analysis, trading signals, and portfolio optimization recommendations via Telegram and web dashboard. The Service is currently in beta ("Beta Program").
Beta Status Disclaimer: The Service is provided "as-is" without warranties of any kind. Beta features may be unstable, incomplete, or subject to change without notice. KGF makes no representation that the Service will be error-free, uninterrupted, or suitable for any particular purpose.
Not Investment Advice: KGF Terminal is an information service only. It does not constitute investment advice, portfolio management, financial advice, or a recommendation to buy or sell any security. Users are solely responsible for their own investment decisions. Past performance is not indicative of future results.
FINMA Compliance (Art. 3 FIDLEG): KGF Terminal qualifies as an information service under Art. 3 FIDLEG and is not subject to FINMA authorization. However, all content is prepared in compliance with Swiss financial conduct standards.
To use KGF Terminal, you must:
Users with portfolios under CHF 10,000 are not eligible for the Service. KGF recommends robo-advisors (Viac, Yuh, Finpension) for smaller portfolios.
Confidential Information: All content provided through KGF Terminal, including but not limited to macro reports, trading signals, portfolio recommendations, methodology, algorithms, data sources, and analysis ("Confidential Information"), is strictly confidential and proprietary to KGF.
Non-Disclosure Obligation: You agree not to disclose, share, reproduce, or communicate any Confidential Information to any third party without prior written consent from KGF. This includes:
Permitted Disclosure: You may disclose Confidential Information only to your immediate family members or professional advisors (accountant, lawyer) under a strict confidentiality obligation. Any other disclosure requires written permission from KGF.
Duration: Confidentiality obligations survive termination of your access to the Service indefinitely.
Non-Compete: During your use of the Service and for a period of 24 months after termination, you agree not to:
Scope: The non-compete applies to any business or service in the macro intelligence, trading signals, or portfolio optimization space, whether offered directly or indirectly.
KGF Ownership: All intellectual property rights in the Service, including but not limited to:
are exclusively owned by KGF or its licensors. You acquire no ownership rights in any Confidential Information or intellectual property.
Limited License: KGF grants you a limited, non-exclusive, non-transferable license to access and use the Service solely for your personal investment purposes. You may not sublicense, resell, or redistribute the Service.
IP Protection: All intellectual property, methodologies, and algorithms are protected under Swiss copyright law (URG), unfair competition law (UWG), and international IP treaties (Berne Convention, TRIPS). KGF maintains active legal counsel and pursues all violations without exception.
Breach Consequences: You acknowledge that breach of the confidentiality, non-compete, or non-disclosure provisions would cause irreparable harm to KGF that cannot be adequately compensated by damages alone.
Liquidated Damages: In addition to any other remedies available under law, you agree to pay KGF liquidated damages of CHF 50,000 (fifty thousand Swiss francs) per violation of the confidentiality, non-disclosure, or non-compete provisions. This amount represents a reasonable pre-estimate of harm and is not a penalty.
Injunctive Relief: KGF reserves the right to seek injunctive relief, specific performance, and any other equitable remedies available under Swiss law to prevent breach or enforce these Terms.
Legal Costs: In the event of litigation, the prevailing party is entitled to recover all legal fees, court costs, and related expenses from the non-prevailing party.
Disclaimer: KGF Terminal is provided "as-is" and "as-available" without warranties of any kind, express or implied. KGF disclaims all warranties including merchantability, fitness for a particular purpose, and non-infringement.
No Guarantee of Results: KGF makes no guarantee that the Service will generate positive returns, outperform benchmarks, or achieve any specific financial objective. Market conditions, geopolitical events, and unforeseen circumstances may render insights inaccurate or obsolete.
Liability Cap: Except in cases of gross negligence or willful misconduct, KGF's total liability to you shall not exceed the fees paid by you in the 12 months preceding the claim.
No Liability for Indirect Damages: KGF shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages.
You agree not to:
Violation of these provisions may result in immediate termination of your access and legal action.
Termination by User: You may terminate your access to the Service at any time by notifying KGF in writing.
Termination by KGF: KGF may terminate your access immediately, without notice, if you:
Effect of Termination: Upon termination, your access to the Service ceases immediately. Confidentiality and non-compete obligations survive termination indefinitely.
Beta Period: During the beta program (through June 30, 2026), all tiers are provided free of charge.
Post-Beta Pricing: After the beta program closes, the following pricing applies:
No Grandfathering: Beta users receive no discount or special pricing after the beta program closes. Full pricing applies to all users.
Payment Terms: Fees are due in advance on a monthly or annual basis. Payment is non-refundable except as required by law.
Audit Access: Principal tier users have the right to audit KGF's methodology, data sources, and algorithm performance on a quarterly basis. Audits must be conducted by a qualified third-party auditor under a confidentiality agreement.
Audit Costs: The user bears all costs of audits. KGF shall provide reasonable access to documentation and personnel.
Governing Law: These Terms are governed by and construed in accordance with the laws of Switzerland, without regard to conflict of law principles.
Jurisdiction: You irrevocably submit to the exclusive jurisdiction of the courts of Zürich, Switzerland. Any legal action or proceeding arising out of these Terms must be brought exclusively in the courts of Zürich.
Arbitration (Optional): Alternatively, either party may elect to submit disputes to binding arbitration under Swiss Rules of International Arbitration (SRIA), with one arbitrator, seated in Zürich, and conducted in English.
If any provision of these Terms is found to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed. The remaining provisions shall continue in full force and effect.
These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and KGF regarding the Service and supersede all prior and contemporaneous agreements, understandings, and negotiations.
For questions regarding these Terms, or to provide notice of breach, contact:
Summary: By using KGF Terminal, you agree to maintain strict confidentiality, not compete with KGF, and accept that breach may result in CHF 50,000 in liquidated damages. The Service is provided as-is, without warranties. Swiss law and Zürich courts apply.