Terms of Service
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These Terms of Service (the “Terms”) govern your access to and use of the EX7 Capital website, web application, and related services (collectively, the “Service”) operated by EX7 Capital Corp. (o/a ex7capital). By accessing or using the Service, you agree to be bound by these Terms together with our Privacy Policy and Risk Disclosure Statement. If you do not agree, do not use the Service.
1. Agreement and Acceptance
By accessing or using the EX7 platform (the "Service"), including the website at ex7capital.com, any associated dashboards, APIs, or mobile interfaces (collectively, the "Platform"), you agree to be bound by these Terms of Service (the "Terms"), together with the Privacy Policy and the Risk Disclosure Statement (collectively, the "Agreement").
You acknowledge that you have read, understood, and accepted the Agreement, including the Hypothetical Performance Disclaimer required by CFTC Regulation 4.41(b), which EX7 displays on screens that present backtested or simulated performance and which is reproduced in full in Section 6 below.
If you do not agree to any portion of the Agreement, you must not access or use the Service.
2. Nature of the Service — What EX7 Is and Is Not
EX7 is impersonal analytical software — in plain terms, a sophisticated "calculator" for the quantitative research of CME-listed futures contracts. The Service provides browser-native software tools that allow you to:
- Design algorithmic trading strategies for CME-listed futures contracts using natural-language input or graphical strategy builders;
- Audit those strategies against historical market data using statistical validation methods (walk-forward analysis, Monte Carlo simulation, deflated Sharpe ratio);
- Receive live notifications (email, Telegram, SMS) when user-defined strategy conditions trigger;
- Access an educational library covering statistical validation and market microstructure.
EX7 is a software publisher and impersonal-tools provider. EX7 is not, and does not hold itself out as, any of the following:
- a broker-dealer registered with the U.S. Securities and Exchange Commission ("SEC") or any provincial securities commission in Canada;
- a futures commission merchant ("FCM"), introducing broker ("IB"), commodity pool operator ("CPO"), or commodity trading advisor ("CTA") registered with the U.S. Commodity Futures Trading Commission ("CFTC") or a member of the National Futures Association ("NFA");
- an investment adviser registered under the U.S. Investment Advisers Act of 1940 or any state or provincial equivalent;
- a registered investment adviser ("RIA"), portfolio manager, derivatives adviser, or commodity trading adviser registered under Canadian National Instrument 31-103, the Ontario Commodity Futures Act, the Quebec Derivatives Act, or any other Canadian provincial regime;
- a custodian of client funds, securities, or any other financial assets;
- an operator of any pooled investment vehicle, fund, or collective investment scheme.
The Service does not execute, route, copy, or mirror orders; does not take custody of, hold, or control any funds, securities, margin, or other financial assets; and does not provide personalized investment advice or recommendations.
EX7 does not know your financial situation, risk tolerance, or investment objectives, and nothing in the Service is tailored to them. The Service is provided to the general public on a non-personalized, impersonal basis pursuant to the publisher's exclusion under §202(a)(11)(D) of the U.S. Investment Advisers Act of 1940, the impersonal-advice exemption under CFTC Regulation 4.14(a)(9), and the "advising generally" exemption under Canadian National Instrument 31-103 §8.25 and provincial equivalents.
You are solely responsible for your own trading decisions and outcomes.
3. Eligibility
To create an account or use the Service, you represent and warrant that you:
- Are at least 18 years of age;
- Have the legal capacity to enter into binding contracts in your jurisdiction of residence;
- Are not located in, or a national or resident of, any jurisdiction subject to comprehensive sanctions administered by the U.S. Office of Foreign Assets Control ("OFAC"), or by Canada under the Special Economic Measures Act or the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law);
- Will not use the Service in violation of any export-control or sanctions regime applicable to you;
- Are accessing the Service for lawful purposes only;
- Have read and understood the Risk Disclosure Statement;
- Are accessing the Service from a jurisdiction in which the Service is offered (currently the United States, Canada, the United Kingdom, Australia, and other jurisdictions enabled by EX7; the European Economic Area is geoblocked in v1).
EX7 reserves the right to refuse, suspend, or terminate access from any user or jurisdiction at its sole discretion, including in response to legal, regulatory, or operational concerns.
4. Account Registration and Security
You agree to provide accurate, current, and complete information when you create an account, and to keep this information updated. You are responsible for safeguarding your credentials and for any activity under your account. EX7 is not liable for any loss or damage arising from your failure to maintain account security or your sharing of credentials with any third party (which is prohibited).
You may not (i) share your account with any other person, (ii) create multiple accounts to circumvent any restriction, free-trial limit, or pricing tier, or (iii) use automated means to register accounts.
5. Subscription, Billing, Auto-Renewal, and Cancellation
5.1 Plans and pricing
The Service is offered under the following subscription tiers:
- Scout — free tier;
- Operator — paid tier;
- Strategist — paid tier;
- Principal — paid tier.
Current prices, billing intervals, included features, and any applicable trial terms for each tier are published at ex7capital.com/#pricing and are incorporated by reference. Prices are stated in U.S. dollars unless otherwise indicated at checkout.
EX7 may change pricing for future renewal periods upon at least thirty (30) days' notice. Any renewal period already paid for at the then-current price will be honored.
5.2 Payment processor
All payments are processed by Stripe, Inc. EX7 does not collect, store, or transmit payment card information. By providing payment details, you authorize Stripe and EX7 to charge your designated payment method for all applicable subscription fees, taxes, and any other charges that may be incurred.
5.3 Taxes
You are responsible for all applicable taxes. Where required by law, taxes including but not limited to GST/HST, QST, PST, U.S. state sales tax, and value-added tax in any other jurisdiction will be calculated and collected by Stripe Tax and added to your invoice.
5.4 Auto-renewal
Your subscription will automatically renew at the end of each billing period (monthly or annually, as selected at checkout) for a successive period of the same length, and your payment method will be charged the then-current price for your tier (as published at ex7capital.com/#pricing) at the start of each renewal period, unless you cancel before the renewal date. You may cancel at any time as described in Section 5.5. We will send a renewal reminder where required by law (including the California Automatic Renewal Law annual and long-term reminder requirements).
This auto-renewal disclosure is provided to comply with the U.S. Federal Trade Commission Negative Option Rule (16 C.F.R. Part 425), the California Automatic Renewal Law (Cal. Bus. & Prof. Code §17602), the Quebec Consumer Protection Act, the Ontario Consumer Protection Act, 2002, and similar provincial and state laws.
5.4a Free trials and promotional pricing
If you sign up for a free trial or promotional or discounted price, your subscription will automatically convert to a paid subscription at the standard then-current price for your tier at the end of the trial or promotional period unless you cancel before it ends. We will disclose the trial length, the post-trial price, and the cancellation deadline at sign-up. You may cancel at any time before conversion through your account settings to avoid being charged.
5.5 Cancellation and refunds
You may cancel your subscription at any time, online and in the same medium in which you subscribed, through your account settings on ex7capital.com, without contacting customer service, completing any retention flow, or taking any step more burdensome than the steps required to subscribe. If you are unable to access your account settings, you may cancel by emailing legal@ex7capital.com and we will process the cancellation. Cancellation takes effect at the end of the current billing period, and you will retain access through that period.
If your subscription auto-renews and you cancel within fourteen (14) days of the renewal charge, you may request a full refund of that renewal charge for the unused term by contacting legal@ex7capital.com. Outside this window and outside any statutorily required circumstance, refunds are issued at EX7's discretion. Nothing in this Section limits your non-waivable rights under the California Automatic Renewal Law, the Quebec Consumer Protection Act, the Ontario Consumer Protection Act, 2002, or other applicable consumer-protection law.
For California subscribers, refunds may be requested in accordance with the California Automatic Renewal Law. For Quebec subscribers, the rights under the Quebec Consumer Protection Act §214.1 et seq. apply, and reimbursement will be made within the statutory period (within fifteen (15) days where applicable). For Ontario subscribers, statutory cancellation rights under the Ontario Consumer Protection Act, 2002 apply, including any applicable cooling-off period and the right to cancel for failure to provide required disclosure, and reimbursement will be made within the period required by that Act.
5.6 Failed payments
If a payment fails, EX7 may suspend or terminate access. EX7 will provide reasonable notice and a cure window before suspension or termination for non-payment. If a renewal payment fails, we may retry the charge and will notify you. You may update your payment method or cancel; if you do not cure within the stated window, access will be suspended or terminated and no further charges will be attempted for that period.
6. Hypothetical Performance Disclaimer
The following disclaimer is required by CFTC Regulation 4.41(b) and NFA Compliance Rule 2-29 (Interpretive Notice 9025), and EX7 displays it in substantially the same verbatim form on screens that present backtested or simulated performance:
HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.
ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
Past performance is not indicative of future results. Trading futures and options on futures involves substantial risk of loss and is not suitable for all investors.
7. Acceptable Use
You agree NOT to:
- Use the Service to manipulate any market, including engaging in spoofing, layering, wash trades, or other practices prohibited by CEA §6(c)(1), CFTC Rule 180.1, CME Rule 575, or analogous provisions of any other regulator;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of any component of the Service except to the extent expressly permitted by applicable law;
- Use scraping, crawling, automated extraction, or unauthorized API access against the Service;
- Resell, sublicense, or redistribute the Service without express written authorization;
- Attempt to circumvent any rate limits, security controls, or access restrictions;
- Use the Service to harass, defraud, or harm any other person;
- Upload to the Service any malware, exploit, or content infringing the rights of any third party;
- Use the Service in violation of any applicable law, including securities, commodities, anti-money-laundering, sanctions, or export-control laws.
EX7 may suspend or terminate accounts that violate these provisions without notice if continued use would create material risk to the Service or other users.
8. Intellectual Property
8.1 EX7 IP
EX7 retains all right, title, and interest in and to the Service, the Platform, the software, the documentation, the marks "EX7", "EX7 Capital", "ex7capital", and any related logos, designs, and trademarks (registered or unregistered). Nothing in this Agreement transfers any ownership interest in EX7 IP to you. EX7 grants you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with this Agreement during your active subscription.
8.2 User content
You retain all ownership and intellectual property rights in the strategy configurations, parameters, code, notes, descriptions, and any other content you create or upload to the Service ("User Content").
You hereby grant EX7 a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, transmit, and modify (solely for technical operation) your User Content solely to the extent necessary to provide the Service to you. This license terminates when you delete the User Content or your account, subject to commercially reasonable backup retention not to exceed twelve (12) months.
EX7 will not use your User Content to trade for its own account. EX7 will not publish, sublicense, or grant any third party access to your User Content without your express consent, except as required by law or to provide the Service (e.g., to subprocessors bound by confidentiality).
EX7 may use de-identified, aggregated metadata derived from User Content (for example, anonymized statistics regarding instrument popularity, average backtest period lengths, and similar measures) for analytics, product improvement, and benchmarking.
8.3 Feedback
If you provide EX7 with any feedback, suggestions, or ideas regarding the Service, you grant EX7 a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use that feedback for any purpose.
8.4 AI-Assisted Output
The VIX strategy generator and similar features use large language models and other automated methods to help you draft strategy configurations, parameters, code, and explanations ("AI-Assisted Output"). AI-Assisted Output is produced by probabilistic models; it may be inaccurate, incomplete, or outdated, may appear authoritative while being wrong, and may not be original or free of third-party rights. It is a draft for your review and testing, not advice, and is subject to the hypothetical-performance limitations in Section 6 and the Risk Disclosure. You must independently verify any AI-Assisted Output and validate it in a simulated or paper environment before risking real capital. You retain ownership of the strategy configurations you create (Section 8.2) and are solely responsible for any use, modification, or deployment of AI-Assisted Output. EX7 does not warrant that AI-Assisted Output is accurate, original, non-infringing, or fit for any purpose, and provides it "as is."
8.5 No Use to Train Models or Build Derivative Services
Except with respect to your own User Content (Section 8.2), you may not use the Service, the Platform, EX7's strategy pattern library, the Judge's validation outputs, EX7's market-data presentations, or any other EX7 IP to: (a) train, fine-tune, validate, or improve any machine-learning model or AI system; (b) populate or enrich any external dataset, index, or content library; (c) reverse engineer or derive EX7's algorithms, prompts, or nonpublic logic; or (d) build, operate, or offer to any third party a product or service that competes with, substantially replicates, or is positioned as a substitute for the Service. You may use AI-Assisted Output and your own strategies for your personal trading and research, including private tools you do not offer to third parties. These restrictions survive termination, and EX7 may seek injunctive relief in addition to other remedies. EX7 is an intended third-party beneficiary entitled to enforce this Section against any unauthorized user.
8.6 Market Data License and Redistribution
The Service is powered by historical and reference market data that EX7 licenses from third-party data providers and the originating exchanges. That underlying data is processed on EX7's own infrastructure under EX7's own license and is not provided to you as a data product: you receive only the results the Service computes from it (such as verdicts, statistics, and visualizations). The underlying data is licensed, not sold, and remains private to EX7. You may not extract, scrape, crawl, bulk-export, mirror, rehost, reconstruct, redistribute, resell, sublicense, or otherwise obtain or make available to any third party the underlying market data accessed or processed by the Service, whether raw, cached, derived, or transformed, except to exercise your data-portability rights over your own User Content under Section 18.3. EX7's data providers and the originating exchanges are intended third-party beneficiaries of this Section. EX7 may meter, delay, restrict, suspend, or disable market-data-dependent features at any time, including to comply with its data-provider and exchange obligations. Market data and derived results may be delayed, sampled, inaccurate, or incomplete and are provided "as is" without warranty; see the Risk Disclosure.
9. Privacy
The collection, use, storage, and disclosure of personal information by EX7 are governed by the Privacy Policy, incorporated by reference. The Privacy Policy is designed to comply with Canadian PIPEDA, Quebec Law 25, Alberta PIPA, British Columbia PIPA, the California Consumer Privacy Act as amended by the CPRA, and other applicable privacy regimes. Questions regarding privacy may be directed to the Privacy Officer at privacy@ex7capital.com.
10. Risk Disclosure
By accepting this Agreement, you acknowledge that you have read the Risk Disclosure Statement, incorporated by reference. The Risk Disclosure Statement explains the substantial risks involved in trading futures and in relying on hypothetical performance, including the algorithmic-trading-specific risks of overfitting, regime change, slippage, latency, data quality, and model risk.
Trading in futures involves substantial risk of loss and is not suitable for all investors. You may lose more than your initial investment. You should only trade with capital you can afford to lose.
11. No Order Execution or Routing — Third-Party Brokers
EX7 does not execute, route, copy, or mirror orders, and the Service is not connected to any execution venue on your behalf. You connect to your own broker (such as Rithmic, Interactive Brokers, AMP Futures, or another broker of your choosing) at your own risk. EX7 is not responsible for:
- Order execution quality, fills, slippage, partial fills, or rejected orders at any broker;
- Latency between EX7 systems and your broker;
- Broker outages, margin calls, position liquidations, or any other broker-side event;
- The compliance status of any broker or prop firm with which you trade.
You acknowledge that any order placement you undertake through your own broker is inherently subject to latency and that browser-native software is not colocated with exchanges.
12. Prop-Firm Module — Specific Disclaimers
The Service includes optional tools for users who wish to evaluate strategy compatibility with proprietary trading firm ("prop firm") challenge rules. You acknowledge that:
- Prop firm rules change frequently; EX7's data is a snapshot as of a stated date.
- Passing a simulated challenge does not guarantee passing a live challenge; live conditions involve different fills, slippage, news, and emotional factors.
- EX7 does not endorse any specific prop firm and is not responsible for any prop firm's regulatory status, solvency, or contractual practices.
- If EX7 receives affiliate revenue from any prop firm, that relationship is disclosed.
13. Service Availability and Disclaimers of Warranties
The Service is provided "as is" and "as available". EX7 disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, uninterrupted availability, and absence of errors or viruses.
EX7 does not warrant that the Service will be uninterrupted, that scheduled or unscheduled maintenance will not cause downtime, that any data provider (including CME Group, Rithmic, or other data vendors) will deliver complete or error-free data, or that any third-party processor will function without disruption.
EX7 does not guarantee uptime during market hours.
Nothing in this Section limits or excludes any non-excludable statutory warranty or any liability that cannot be excluded under applicable consumer-protection law, including the legal warranty of quality under the Quebec Consumer Protection Act and the implied conditions and warranties under the Ontario Consumer Protection Act, 2002.
14. Limitation of Liability
To the maximum extent permitted by applicable law:
- EX7 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, TRADING LOSSES, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF EX7 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
- EX7'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO EX7 IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100). [counsel to confirm: final liability-cap figure]
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, EX7's liability is limited to the maximum extent permitted by law.
This limitation does not exclude liability for gross negligence, willful misconduct, or fraud where exclusion is not permitted by applicable law (including but not limited to consumer protection statutes in Quebec, Ontario, British Columbia, and other Canadian provinces, and the consumer protection laws of California, Massachusetts, New York, Washington, and other U.S. states).
Nothing in this Section limits or excludes any liability that cannot be limited or excluded under applicable consumer-protection law, including the legal warranty of quality and the prohibition on excluding or limiting the merchant's liability under Quebec Consumer Protection Act ss. 10 and 37-38, and the implied conditions and warranties under the Ontario Consumer Protection Act, 2002 s. 9. For consumers protected by such laws, the foregoing limitations apply only to the extent permitted.
15. Indemnification
You agree to indemnify, defend, and hold harmless EX7, its directors, officers, employees, agents, and affiliates from and against any claims, demands, losses, liabilities, damages, judgments, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service;
- Your violation of the Agreement;
- Your violation of any law, regulation, or third-party right;
- Your trading activity and any resulting losses or regulatory inquiries;
- Any content you upload or transmit through the Service.
16. Governing Law and Dispute Resolution
16.1 Dual-track regime
This Agreement is governed by a dual-track regime that takes into account your province or jurisdiction of residence. Routing is determined by your actual province or jurisdiction of residence, not merely your billing address.
Mandatory consumer-law override. Nothing in this Section 16 derogates from the mandatory consumer-protection rights of any Canadian consumer under the law of the province in which the consumer resides, and to the extent the governing-law, arbitration, or class-action-waiver provisions conflict with such mandatory law, the mandatory law prevails.
- U.S. resident users. The Agreement is governed by the laws of the State of Delaware (without regard to its conflict-of-law principles). Disputes shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, in English. The arbitration will be conducted under the version of the AAA Consumer Arbitration Rules in effect when the claim is filed, available at adr.org. EX7 will pay all AAA administrative fees and arbitrator compensation in excess of the consumer's filing fee, as provided under the AAA Consumer Arbitration Rules and the Consumer Arbitration Costs schedule. Any in-person hearing will be held in the U.S. county of the consumer's residence or, by agreement of the parties or AAA determination, conducted by telephone or video; Wilmington, Delaware governs only the choice of law and the seat of any non-consumer matter. Each party bears its own attorneys' fees except where a statute or the arbitrator's award provides otherwise. The Federal Arbitration Act, 9 U.S.C. §§1-16, governs the arbitration. CLASS ACTION WAIVER: you and EX7 each waive any right to participate in any class, collective, or representative action. If the class-action waiver is found unenforceable as to any claim, that claim shall proceed in court and the remainder of the arbitration agreement remains enforceable. Small-claims court actions remain available.
- Canadian resident users (other than Quebec). The Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Where an arbitration agreement is enforceable, disputes shall be resolved by binding individual arbitration administered by the ADR Institute of Canada ("ADRIC") under its applicable consumer arbitration rules, seated in Ontario, with EX7 covering the user's filing fees in full to remain within the cost-fairness rule articulated in Uber Technologies Inc. v. Heller, 2020 SCC 16. However, notwithstanding the arbitration provision, an Ontario consumer retains the right under the Ontario Consumer Protection Act, 2002, ss. 7-8 to resolve disputes in the courts of Ontario and to commence or participate in a class proceeding; the arbitration agreement and the class-action waiver do not apply to an Ontario consumer (or to a consumer in any other province whose consumer-protection legislation prohibits them) to the extent they are unenforceable under that legislation. Where the arbitration agreement does not apply, disputes will be heard by the courts of competent jurisdiction in the consumer's province of residence. Small-claims court actions remain available in all cases.
- Quebec resident users. Under Quebec Consumer Protection Act §11.1, the arbitration agreement and the class-action waiver are automatically without effect against a Quebec consumer; no action by the consumer is required, and the prohibited stipulations cannot be set up against the consumer. Quebec consumer disputes will be heard by the Quebec courts of competent jurisdiction. Separately, a Quebec consumer retains the rights afforded under Quebec Law 25, including the rights of consent and withdrawal of consent for non-essential processing, access, rectification, de-indexing, and portability, as described in the Privacy Policy. A French-language version of this Agreement is made available to Quebec consumers, and, as required by the Charter of the French Language and the Quebec Consumer Protection Act s. 26, the French version governs for Quebec consumers. [counsel to confirm: certified French translation for Quebec]
- Other jurisdictions. Users in jurisdictions outside the United States and Canada agree to the laws of the Province of Ontario and the courts of Ontario, Canada, subject to any mandatory provisions of local consumer law that may apply.
16.2 Opt-out of arbitration
Where an arbitration agreement is actually enforceable against you (which, for the avoidance of doubt, excludes Ontario and Quebec consumers and any other consumer for whom court access is preserved by statute), you may opt out of that arbitration agreement by sending written notice to legal@ex7capital.com within thirty (30) days of first accepting these Terms (or, if the arbitration provision is later added or materially modified, within thirty (30) days of the effective date of that change). Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. Opting out will not affect any other provision of this Agreement or your use of the Service. No fee or change to your account status is required to opt out. If you opt out, disputes will be resolved by the courts identified for your jurisdiction in Section 16.1.
17. Modifications
EX7 may amend the Agreement from time to time. We will provide at least thirty (30) days' prior notice of material changes by email or in-app notification. For Quebec users, material changes to the Privacy Policy require express consent under Law 25.
Continued use of the Service after the effective date of an amendment constitutes acceptance of the amended Agreement.
18. Termination
18.1 Termination by you
You may terminate your account at any time through your account settings.
18.2 Termination by EX7
EX7 may suspend or terminate your account for: material breach of the Agreement (after a seven-day cure period for curable breaches), payment fraud, regulatory or legal requirement, sanctions match, or activity that creates risk for the Service or other users. EX7 may also terminate for convenience upon thirty (30) days' notice with a pro-rata refund of any prepaid amount.
18.3 Data export and deletion
Upon termination, you have a sixty (60) day window to export your strategy configurations and other User Content in a machine-readable format (JSON or CSV), in accordance with Quebec Law 25's data portability right and the California CPRA. After this window, EX7 will delete the User Content within thirty (30) days, subject to (i) any ongoing legal hold, (ii) backup retention of up to twelve (12) months, and (iii) anonymized analytics.
Billing records will be retained for seven (7) years pursuant to U.S. and Canadian tax record-keeping obligations.
19. Force Majeure
Neither party shall be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, internet outage, exchange or data-vendor outage, regulatory order, or labor disturbance.
20. Assignment
You may not assign or transfer any of your rights or obligations under the Agreement without EX7's prior written consent. EX7 may assign the Agreement to a successor entity in connection with a merger, acquisition, or sale of substantially all of its assets.
21. Entire Agreement, Severability, No Waiver
This Agreement (including the Privacy Policy and Risk Disclosure Statement) constitutes the entire agreement between you and EX7 regarding the Service and supersedes all prior or contemporaneous communications. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to be enforceable. No waiver of any term is a continuing waiver.
22. Contact
For questions about the Agreement, please contact:
EX7 Capital Corp. (o/a ex7capital) General and legal inquiries: legal@ex7capital.com Privacy Officer: privacy@ex7capital.com
Registered office: [counsel to confirm: registered postal address, Province of Ontario, Canada]
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