Terms of Service

1. Introduction; Binding Acceptance

1.1. These Terms of Service, together with all documents expressly incorporated herein by reference (collectively, the “Terms”), constitute a legally binding agreement between you (“you”, “your”, or “User”) and Cheng’s Data Service (“we”, “us”, or “our”), which operates the DoubleTrends™ Service.

1.2. BY ACCESSING OR USING THE WEBSITE, BY CREATING OR ACTIVATING ACCESS, BY SUBSCRIBING, OR BY OTHERWISE USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST NOT ACCESS OR USE THE WEBSITE OR THE SERVICE.

1.3. The following documents are incorporated into and form an integral part of these Terms as if set out in full herein: the Privacy Policy, the Disclaimer, and the Refund Policy. In the event of a conflict between these Terms and any incorporated document with respect to the subject matter of that document, the incorporated document governs to the extent of the conflict.

2. Definitions

In these Terms, the following capitalized terms have the meanings set out below:

2.1. “Channel” means the private Telegram channel or chat through which Signals and related communications are delivered.

2.2. “Content” means all information, data, text, notifications, Signals, methodologies, models, charts, graphics, software, trademarks, trade names, logos, and other materials made available through the Website or the Service.

2.3. “Service” means, collectively, the Website, the Subscription, the Channel, the Signals, and all related Content, features, and functionality made available by us.

2.4. “Signal” means a notification generated by our rules-based model indicating that a defined technical condition has been observed in respect of a market index on a given date.

2.5. “Subscription” means a paid subscription to the Service, including any associated free trial period.

2.6. “Website” means the websites operated by us, including doubletrends.com and any subdomains or successor domains.

3. Eligibility; Capacity; Authorization

3.1. You represent and warrant that you are at least the age of majority in your province, territory, state, or jurisdiction of residence (and in any event not less than eighteen (18) years of age), that you have the legal capacity to enter into a binding contract, and that you are not barred from receiving the Service under the laws of any applicable jurisdiction.

3.2. You represent and warrant that all information you provide to us or to our payment processor is true, accurate, current, and complete, and that you will keep it updated.

3.3. You are responsible for all activity conducted through your access credentials, your activation link, and your Channel access, and for maintaining their confidentiality.

4. Nature of the Service; No Advisory or Fiduciary Relationship

4.1. The Service provides rules-based, educational and informational market information only. A Signal indicates solely that our model detected a defined technical condition on a stated date and constitutes nothing more than general information.

4.2. THE SERVICE DOES NOT CONSTITUTE, AND SHALL NOT BE CONSTRUED AS, FINANCIAL, INVESTMENT, TRADING, TAX, ACCOUNTING, OR LEGAL ADVICE, AND IS NOT A RECOMMENDATION, SOLICITATION, OR OFFER TO BUY, SELL, OR HOLD ANY SECURITY OR TO ADOPT ANY INVESTMENT OR TRADING STRATEGY. THE SERVICE IS NOT TAILORED TO YOUR INDIVIDUAL CIRCUMSTANCES, OBJECTIVES, FINANCIAL SITUATION, OR NEEDS.

4.3. We are not registered as, and do not act as, an investment adviser, broker, dealer, portfolio manager, or any other registrant in any jurisdiction. Your use of the Service does not create any advisory, fiduciary, agency, partnership, employment, or other special relationship between you and us.

4.4. The provisions of the Disclaimer are incorporated into this Section 4 and apply to the Service in full.

5. Subscription; Free Trial; Fees; Automatic Renewal

5.1. Free trial. A new Subscription may begin with a free trial period of thirty (30) days (the “Trial”). As a condition of the Trial, you must provide a valid payment method, which our payment processor will collect and retain. You will not be charged during the Trial provided you cancel before the Trial ends.

5.2. Conversion and fees. Unless cancelled before the end of the Trial, your Subscription will automatically convert to a paid annual Subscription at the fee then displayed at checkout (currently CAD/USD $149 per year, as indicated), together with any applicable taxes (the “Fees”).

5.3. Automatic renewal. THE SUBSCRIPTION RENEWS AUTOMATICALLY FOR SUCCESSIVE ANNUAL TERMS, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT FEES ON EACH RENEWAL DATE, UNTIL YOU CANCEL. You hereby authorize us and our payment processor to charge your payment method for all Fees as they become due. We will provide notice in advance of each charge by email.

5.4. Price changes. We may change the Fees from time to time. Any change to the Fees will apply only to Subscription terms commencing after we have given you notice of the change.

5.5. Payment processing. All payments are processed by a third-party payment processor (Stripe). We do not receive or store your full payment card details. Your payment is also subject to the processor’s terms and policies.

6. Cancellation and Refunds

6.1. You may cancel your Subscription at any time. Cancellation stops future charges and takes effect at the end of your then-current paid period (or, during the Trial, prevents conversion to a paid Subscription). You will retain access until the end of the period for which you have paid.

6.2. Refunds, where available, are governed exclusively by the Refund Policy, which is incorporated herein by reference. Except as expressly provided in the Refund Policy or as required by applicable law, all Fees are non-refundable.

7. Licence; Intellectual Property

7.1. As between you and us, we and our licensors own all right, title, and interest in and to the Service and the Content, including all intellectual property rights therein. NO OWNERSHIP, RIGHT, TITLE, OR INTEREST IN OR TO THE SERVICE OR THE CONTENT IS CONVEYED OR TRANSFERRED TO YOU BY THESE TERMS.

7.2. Subject to your continuous compliance with these Terms and payment of all applicable Fees, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service solely for your own personal, non-commercial purposes during the term of your Subscription. All rights not expressly granted are reserved.

7.3. “DoubleTrends” and associated names, logos, and marks are our trademarks or trade names. You acquire no right to use them without our prior written consent.

8. Restrictions on Use

YOU SHALL NOT, AND SHALL NOT PERMIT OR ENABLE ANY THIRD PARTY TO, DIRECTLY OR INDIRECTLY:

8.1. COPY, REPRODUCE, RECORD, REPUBLISH, REDISTRIBUTE, RETRANSMIT, BROADCAST, DISPLAY, SELL, RESELL, LICENSE, SUBLICENSE, RENT, LEASE, LEND, OR OTHERWISE MAKE AVAILABLE THE SIGNALS OR ANY OTHER CONTENT, IN WHOLE OR IN PART, TO ANY THIRD PARTY, WHETHER FOR CONSIDERATION OR FREE OF CHARGE;

8.2. SHARE, FORWARD, DISCLOSE, OR SELL YOUR ACTIVATION LINK, INVITE LINK, OR CHANNEL ACCESS, OR INVITE, ADMIT, OR ENABLE ANY OTHER PERSON TO ACCESS THE CHANNEL;

8.3. USE THE SERVICE OR ANY CONTENT TO CREATE, OPERATE, MARKET, OR SUPPORT ANY COMPETING OR DERIVATIVE PRODUCT OR SERVICE, INCLUDING ANY ALERT, COPY-TRADING, SIGNAL-SHARING, OR DATA PRODUCT;

8.4. MODIFY, ADAPT, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR CREATE DERIVATIVE WORKS OF ANY PART OF THE SERVICE;

8.5. ACCESS, SCRAPE, HARVEST, OR INDEX THE SERVICE OR ANY CONTENT BY ANY AUTOMATED OR PROGRAMMATIC MEANS, OR CIRCUMVENT ANY ACCESS CONTROL OR TECHNICAL MEASURE; OR

8.6. USE THE SERVICE FOR ANY UNLAWFUL, FRAUDULENT, OR ABUSIVE PURPOSE, OR IN VIOLATION OF THESE TERMS OR ANY APPLICABLE LAW.

8.7. The Service is licensed for a single paying individual. Any breach of this Section 8 constitutes a material breach of these Terms and entitles us to suspend or terminate your access immediately and without refund, in addition to any other remedy available at law or in equity.

9. Third-Party Services and Dependencies

9.1. The Service depends upon and interoperates with third-party services, including without limitation Stripe (payment processing), Telegram (message and Channel delivery), Cloudflare (backend infrastructure), and GitHub (website hosting) (collectively, “Third-Party Services”). Your use of Third-Party Services is governed by their respective terms and policies.

9.2. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS, OMISSIONS, AVAILABILITY, PERFORMANCE, SECURITY, OR POLICIES OF ANY THIRD-PARTY SERVICE. ANY INTERRUPTION, DELAY, FAILURE, OR CHANGE OF A THIRD-PARTY SERVICE MAY INTERRUPT, DELAY, OR PREVENT DELIVERY OF THE SERVICE OR ANY SIGNAL, AND WE SHALL HAVE NO LIABILITY ARISING THEREFROM.

10. Disclaimer of Warranties

10.1. THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

10.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, AND QUIET ENJOYMENT.

10.3. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY SIGNAL WILL BE GENERATED, DELIVERED, OR DELIVERED AT ANY PARTICULAR TIME; THAT ANY SIGNAL OR CONTENT IS ACCURATE, COMPLETE, OR CURRENT; OR THAT THE SERVICE WILL PRODUCE ANY PARTICULAR RESULT OR ANY PROFIT. WE MAKE NO REPRESENTATION CONCERNING THE LIKELIHOOD OF PROFITABLE TRADING OR INVESTING. SIGNALS MAY BE DELAYED, MISSED, ERRONEOUS, OR ABSENT FOR EXTENDED PERIODS.

10.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS. TO THE EXTENT SUCH EXCLUSIONS ARE NOT PERMITTED AS TO YOU, THE EXCLUSIONS IN THIS SECTION APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Assumption of Risk

11.1. YOU ACKNOWLEDGE AND AGREE THAT TRADING AND INVESTING IN SECURITIES INVOLVE A SUBSTANTIAL RISK OF LOSS, ARE NOT SUITABLE FOR EVERY PERSON, AND MAY RESULT IN THE LOSS OF SOME OR ALL OF YOUR CAPITAL.

11.2. YOU ACKNOWLEDGE THAT ANY DECISION YOU MAKE OR ACTION YOU TAKE IN CONNECTION WITH THE SERVICE OR ANY SIGNAL — INCLUDING WHETHER, WHAT, WHEN, HOW, AND HOW MUCH TO BUY, SELL, OR HOLD — IS MADE SOLELY BY YOU, IN YOUR SOLE DISCRETION, AND AT YOUR SOLE RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE CONSEQUENCES.

12. Limitation of Liability

12.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR CONTRACTORS, SUPPLIERS, OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, OR ANTICIPATED SAVINGS, ANY TRADING OR INVESTMENT LOSSES, ANY LOSS OF OPPORTUNITY, GOODWILL, OR DATA, HOWSOEVER ARISING, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12.3. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 12 APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND THE BASIS OF THE BARGAIN.

12.4. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY OR RIGHT THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING UNDER THE CONSUMER PROTECTION ACT, 2002 (ONTARIO). WHERE APPLICABLE LAW DOES NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY OR OF CERTAIN DAMAGES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY THAT LAW.

13. Indemnification

13.1. You agree to defend, indemnify, and hold harmless us and our contractors, suppliers, and licensors from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable legal fees and disbursements) arising out of or relating to: (a) your access to or use of the Service; (b) any decision or action you take in connection with the Service or any Signal; (c) your breach or alleged breach of these Terms; (d) your violation of any applicable law or of any right of any third party; or (e) any Content you transmit through the Service. This indemnity applies except to the extent prohibited by applicable law.

14. Suspension and Termination

14.1. You may terminate these Terms at any time by cancelling your Subscription and ceasing to use the Service.

14.2. We may, in our sole discretion and without liability, suspend or terminate your access to the Service or these Terms, in whole or in part, with or without notice, where you have breached or we reasonably suspect you have breached these Terms, where required by law, or where we cease to offer the Service.

14.3. Upon termination, your licence and right to access the Service immediately cease. Termination does not entitle you to any refund except as expressly provided in the Refund Policy or as required by applicable law.

15. Modifications to the Service and to these Terms

15.1. We may modify, suspend, or discontinue the Service or any part of it at any time, with or without notice.

15.2. We may amend these Terms at any time by posting the amended Terms on the Website and updating the “Last updated” date. Amendments are effective upon posting unless otherwise stated. Your continued access to or use of the Service after the effective date constitutes your acceptance of the amended Terms. If you do not agree to the amended Terms, your sole remedy is to cease using the Service and cancel your Subscription.

16. Governing Law and Jurisdiction

16.1. These Terms and any dispute or matter arising out of or in connection with them or the Service are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.

16.2. Subject to Section 17, you irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario in respect of any dispute arising out of or relating to these Terms or the Service, and waive any objection to such venue. Nothing in this Section limits any right you may have that cannot be waived under applicable consumer-protection law, including any right to bring or participate in proceedings in another forum where such law so provides.

17. Dispute Resolution

17.1. Before commencing any proceeding, you agree to first contact us at info@doubletrends.com and to attempt in good faith to resolve the dispute informally for a period of at least thirty (30) days after such notice.

17.2. Nothing in these Terms requires you to submit to binding arbitration or waives your right to commence or participate in court proceedings, including class proceedings, where such requirement or waiver would not be enforceable against you under applicable consumer-protection law.

18. Electronic Communications and Consent

18.1. You consent to receive communications from us in electronic form, including by email and through the Channel, and you agree that all notices, disclosures, agreements, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

19. Force Majeure

19.1. We shall not be liable or in default for any delay or failure to perform resulting from causes beyond our reasonable control, including without limitation acts of God, natural disasters, epidemics or pandemics, governmental action, labour disputes, power or telecommunications failures, internet or hosting outages, failures or changes of Third-Party Services, cyber-attacks, or any other event of force majeure.

20. Assignment

20.1. You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent, and any purported assignment in violation of this Section is void. We may freely assign or transfer these Terms, in whole or in part, including in connection with a sale or transfer of our business or assets.

21. Severability

21.1. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

22. No Waiver

22.1. No failure or delay by us in exercising any right, power, or remedy under these Terms operates as a waiver of it, nor does any single or partial exercise preclude any further exercise. Any waiver must be in writing and signed by us to be effective, and applies only to the specific instance for which it is given.

23. Entire Agreement; Survival; Interpretation

23.1. These Terms, together with the documents incorporated by reference, constitute the entire agreement between you and us with respect to the Service and supersede all prior or contemporaneous understandings, communications, and agreements, whether written or oral.

23.2. Any provision that by its nature should survive termination — including Sections 4, 7, 8, and 10 through 23 — survives termination of these Terms.

23.3. Headings are for convenience only and do not affect interpretation. The words “including” and “include” mean “including without limitation”. The English-language version of these Terms governs.