Terms of Service
This is a working draft prepared as a starting point, not legal advice, and it has not been reviewed by a lawyer. Event contracts are CFTC-regulated derivatives, and publishing analysis about them carries specific regulatory questions that a template cannot resolve. Have a securities or commodities attorney review this before launch. Every highlighted field needs to be filled in.
1. Who these terms are between
These Terms of Service ("Terms") are a binding agreement between you and [Legal Entity Name, e.g. ComboCrusher LLC, a Texas limited liability company] ("ComboCrusher," "we," "us"), covering your use of combocrusher.com, the email list, and any related content, data, tools, or communications (together, the "Service").
By using the Service, subscribing to the email list, or otherwise accessing any content we publish, you agree to these Terms. If you do not agree, do not use the Service.
2. Eligibility
You must be at least 18 years old, or the age of majority where you live if that is higher, and legally able to enter into a contract. You must not be located in, or a resident of, any jurisdiction where use of the Service or participation in event contract markets is prohibited, and you must not be a person with whom we are prohibited from dealing under applicable sanctions laws.
You are responsible for determining whether your use of the Service and your activity on any exchange is lawful where you are. We make no representation that either is lawful in your jurisdiction.
3. What the Service is — and is not
ComboCrusher publishes quantitative research, market-structure commentary, and general analytical output relating to publicly available data from event contract markets. It is an information and research product.
3.1 Not advice
Nothing in the Service is investment advice, trading advice, financial advice, legal advice, tax advice, or accounting advice. Nothing in the Service is a recommendation, offer, or solicitation to buy, sell, or hold any contract, security, commodity interest, or other instrument, or to participate in any transaction or strategy.
3.2 Not personalized
All content is general in nature and impersonal. It is not tailored to, and does not take into account, your financial situation, objectives, risk tolerance, tax position, or any other individual circumstance. We do not know your circumstances and do not evaluate them. Content is distributed on a uniform basis to all recipients and is not directed to the trading of any specific person's account.
3.3 No advisory relationship
Use of the Service does not create an advisory, brokerage, fiduciary, agency, or professional relationship of any kind between you and us. We are not registered with the U.S. Commodity Futures Trading Commission as a commodity trading advisor, introducing broker, futures commission merchant, or in any other capacity, and we are not a member of the National Futures Association. We are not a registered investment adviser, broker-dealer, or licensed gambling operator.
3.4 No management or discretion
We do not manage accounts, hold customer funds, execute trades, route orders, or exercise discretion over anyone's positions. We have no access to your exchange account and will never ask for your credentials, keys, or account access.
4. Risk disclosure
You acknowledge and accept that:
- Event contracts and other speculative instruments involve substantial risk, including the risk of losing the entire amount you put at risk.
- They are not suitable for everyone, and you should not risk money you cannot afford to lose entirely.
- Market prices move continuously. Any price, probability, spread, or discrepancy we publish reflects a moment that has already passed by the time you read it, and may be materially different or gone.
- Fees, spreads, slippage, partial fills, position limits, and settlement rules can turn a nominally favorable position into a loss.
- Any figure we describe as an "edge," "delta," "fair value," or "discrepancy" is a model output, not a fact about the world, and the model may be wrong.
- Past results, hypothetical results, backtested results, and published track records do not indicate or guarantee future results.
- Hypothetical and modeled results have inherent limitations, including that they are prepared with the benefit of hindsight and do not involve financial risk or the effect of actual execution.
You alone are responsible for every decision you make and every position you take. If you need advice, consult a licensed professional who is aware of your circumstances.
5. Accuracy and availability
The Service depends on third-party data, including public market data from exchanges, and on automated systems that can and do fail. We do not warrant that any content is accurate, complete, current, or free of error, and we do not warrant that the Service will be available, uninterrupted, or timely. Data may be delayed, incomplete, misparsed, or wrong. Alerts may be late, duplicated, or not delivered at all. Do not rely on the Service as a sole input to any decision.
We may change, suspend, or discontinue any part of the Service at any time without notice.
6. No affiliation with any exchange
ComboCrusher is independent. We are not affiliated with, endorsed by, sponsored by, or connected to Kalshi Inc., KalshiEX LLC, any designated contract market, any derivatives clearing organization, or any regulator. All trademarks, market names, and ticker symbols referenced belong to their respective owners and are used for identification and commentary only. Any reference to an exchange or its markets is descriptive and does not imply any relationship.
Your relationship with any exchange is governed by that exchange's own terms, and you are responsible for complying with them.
7. Acceptable use
You agree not to:
- Scrape, crawl, harvest, or bulk-extract content from the Service by automated means without our written permission.
- Resell, redistribute, sublicense, or republish our content, in whole or in substantial part, or use it to build or train a competing or derivative product or model.
- Represent our content as your own, or as advice you are qualified to give.
- Use the Service in connection with any manipulative, deceptive, or unlawful market activity, or in violation of the Commodity Exchange Act, CFTC regulations, exchange rules, or any other applicable law.
- Interfere with, probe, or attempt to gain unauthorized access to the Service or its infrastructure.
- Use the Service if you are prohibited from doing so under section 2.
8. Intellectual property
All content, text, data compilations, methodology descriptions, code, designs, and the ComboCrusher name and marks are owned by us or our licensors and are protected by intellectual property law. You get a limited, revocable, non-exclusive, non-transferable licence to access and read the Service for your own personal, non-commercial use. Nothing else is granted.
You may quote short excerpts for commentary, criticism, or news reporting with clear attribution and a link. That is the extent of it.
9. Email communications
If you subscribe, you consent to receive email from us at the address you provide. Every email includes an unsubscribe link, and unsubscribing takes effect promptly. We may send transactional messages relating to your subscription regardless of marketing preferences. See the Privacy Policy for how your address is handled.
10. Fees
[If and when a paid tier exists, this section needs: price and billing period; auto-renewal terms and cancellation method in the specific form required by the FTC's negative-option rule and state auto-renewal laws such as California's ARL; refund policy; and how price changes are noticed. Until then:] The Service is currently provided free of charge. If we introduce paid access, the applicable terms will be presented before any purchase.
11. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE ACCURATE, RELIABLE, SECURE, OR ERROR-FREE, OR THAT IT WILL PRODUCE ANY PARTICULAR RESULT OR RETURN.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, TRADING LOSSES, LOST OPPORTUNITY, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) [USD 100].
Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you.
13. Indemnity
You agree to indemnify and hold harmless ComboCrusher and its owners, members, officers, and contractors from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising from your use of the Service, your trading or wagering activity, your breach of these Terms, or your violation of any law or third-party right.
14. Third-party links and services
The Service may reference or link to third-party sites, exchanges, and services. We do not control them, do not endorse them, and are not responsible for their content, practices, or terms. Your dealings with them are between you and them.
15. Governing law and disputes
These Terms are governed by the laws of the State of [Texas], without regard to conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in [Ellis County / the Northern District of Texas], and you consent to that jurisdiction and venue.
[Decide with counsel whether to add a binding arbitration clause and class-action waiver. It is common in consumer terms, but has real trade-offs including mass-arbitration exposure. If added, it needs conspicuous notice and an opt-out window.]
16. Changes to these Terms
We may update these Terms. The "last updated" date at the top will change, and material changes will be noticed by email to subscribers or by a prominent notice on the site. Continued use after changes take effect means you accept them.
17. General
If any provision is held unenforceable, the rest stays in force and the unenforceable provision is narrowed to the minimum extent necessary. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms and the Privacy Policy are the entire agreement between us regarding the Service.
18. Contact
[Legal Entity Name]
[Street address, Waxahachie, TX ZIP]
legal@combocrusher.com
See also the Privacy Policy.