Terms of Use

1. Introduction and Parties to the Agreement

These Terms of Use ("Terms") govern your access to and use of the website, newsletter, and content (collectively, the "Service") provided by Kolmira UG (haftungsbeschränkt) ("we," "us," or "our") through the website markettriage.com.

These Terms constitute a legally binding agreement between you and Kolmira UG regarding your use of the Service. By accessing or using our Service, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use our Service.

2. Service Description

MarketTriage provides a free weekly newsletter analyzing institutional vs. retail positioning data from the CFTC Commitment of Traders (COT) report. Our Service:

• Delivers weekly market analysis via email newsletter
• Analyzes CFTC COT report data to identify institutional positioning trends
• Provides educational commentary on market positioning and sentiment
• Publishes supporting content on our website including charts and analysis

3. License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your personal, non-commercial purposes as intended through the provided functionality.

This license does not grant you any ownership rights to the Service, its content, or its underlying technology. All rights not expressly granted herein are reserved by Kolmira UG.

5. Acceptable Use and Prohibited Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use for illegal activities: Violate any applicable local, national, or international law
• Reverse engineer or extract technology: Decompile, disassemble, or attempt to derive the source code of our software
• Use automated tools: Deploy bots, scrapers, crawlers, or other automated scripts to access the Service
• Interfere with Service security: Attempt to gain unauthorized access to our systems, servers, or networks
• Disrupt Service integrity: Introduce viruses, malware, or any code designed to damage or interfere with the Service
• Resell or redistribute: Commercially exploit, resell, or redistribute our analysis without authorization
• Misrepresent the Service: Claim our analysis as financial advice, professional recommendations, or investment guidance
• Violate third-party rights: Use the Service in a manner that violates the rights of others

6. Subscriptions & Billing

MarketTriage offers free and paid subscription tiers. Paid subscriptions unlock additional features such as regime driver analysis, institutional tracking, and expanded watchlists.

• Billing cycle: Subscriptions are billed monthly or annually and auto-renew unless cancelled before the end of the current billing period.
• Payment processing: All payments are processed securely by Stripe. Kolmira UG does not store credit card numbers or payment credentials on its servers.
• Price changes: We will notify you at least 30 days in advance of any price increase. Existing subscribers at a discounted rate (e.g. beta pricing) retain their rate for the duration of their subscription.
• Failed payments: If a payment fails, your account enters a grace period during which access is maintained while Stripe retries the charge. If payment is not resolved, your account reverts to the free tier.
• Cancellation: You may cancel at any time from Settings or by emailing us. Access continues until the end of the current billing period. No partial refunds are issued for unused time.
• Refunds: See our Refund & Cancellation Policy for withdrawal rights, refund procedures, and dispute resolution.
• Free tier: The free tier requires no payment. Features may be more limited than paid tiers and may change over time.

7. Limitation of Liability

8. Intellectual Property

All content, design, logos, branding, software, and analysis methodology used in the Service are protected by copyright, trademark, and other intellectual property laws. These materials are owned by or licensed to Kolmira UG.

Your Rights: You may view, download, and print our newsletter and website content for personal, non-commercial use only.

Our Rights: We retain all rights to our branding, methodology, software, and any derivative works. You may not copy, modify, distribute, sell, or lease any part of our Service or technology without explicit written permission.

9. Data Retention

Newsletter subscriber email addresses are retained until you unsubscribe. Website analytics data is managed in accordance with our cookie consent settings.

See our Privacy Policy for complete details on data handling, GDPR rights, and third-party data processors.

10. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach these Terms of Use.

Upon termination:

• Your right to use the Service will cease immediately
• Any licenses granted to you under these Terms will be revoked

We also reserve the right to:

• Refuse service to anyone for any reason
• Discontinue the Service at any time without notice
• Modify or remove features at our discretion

11. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed by the laws of Germany, excluding its conflict of law provisions.

Jurisdiction: For business customers, the exclusive jurisdiction for all disputes arising from this agreement shall be the courts of Stuttgart, Germany.

Dispute Resolution Process: Any disputes will be resolved through:

1. Good faith negotiation between the parties
2. Mediation (if negotiation fails)
3. Courts of Stuttgart, Germany (as last resort)

Note for EU Consumers: Information about the European Commission's Online Dispute Resolution (ODR) platform is available in our Imprint.

12. Changes to These Terms

We may update these Terms at any time. The "Last updated" date at the top of this page will reflect changes.

Continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Service.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

14. Entire Agreement

These Terms, together with our Privacy Policy , Financial Disclaimer, and Refund & Cancellation Policy, constitute the entire agreement between you and Kolmira UG regarding your use of the Service.