Terms of Service

Last updated: 2025-11-02

These Terms of Service (the “Agreement”) govern your (“Customer”, “you”, “your”) access to and use of The Trenches’ software-as-a-service platform (“Service”). The Trenches (“we”, “us”, “our”) is a company incorporated in Panama. By registering for or using the Service, you agree to be bound by this Agreement. If you do not agree, do not access or use the Service.

1. Definitions & Scope of Service

1.1 “Service” means the SaaS platform branded as “The Trenches,” including its web interface, APIs, features, and documentation.

1.2 “Service Order” means any ordering document, online order, or subscription form entered into between you and The Trenches specifying fees, term, package, or supplemental terms.

1.3 This Agreement, together with any Service Order and any supplemental terms, constitutes the entire agreement between you and The Trenches regarding use of the Service.

2. Eligibility and Account Registration

2.1 You must be of legal age and have legal capacity to enter into this Agreement.

2.2 You are responsible for keeping your account credentials secure. You accept responsibility for all activity conducted under your account.

2.3 You must provide complete, accurate, and up-to-date registration information. We may suspend or terminate accounts with false, incomplete or outdated data.

3. Fees, Payment, and Refunds

3.1 You agree to pay all fees (the “Fees”) specified in the Service Order (subscription fees, trade-triggered fees, etc.).

3.2 Fees are non-refundable except as explicitly provided in this Agreement or Service Order.

3.3 If payment is late or fails, we may suspend or terminate your access. Late fees or interest may apply as allowed by law.

3.4 Taxes: All Fees are exclusive of taxes, duties, or governmental charges. You are responsible for any taxes applicable, unless you provide a valid exemption.

4. Use of the Service; Restrictions

4.1 Subject to your compliance with this Agreement and payment of Fees, you receive a non-exclusive, non-transferable, non-sublicensable right to access and use the Service for internal business purposes during the Term.

4.2 You agree not to:

modify, adapt, translate, or create derivative works of the Service;
reverse-engineer, decompile, or attempt to derive source code;
sell, resell, rent, lease, or otherwise commercially exploit the Service;
use the Service in violation of law (including export controls);
transmit malware or anything harmful;
interfere with other users’ use of the Service.

4.3 Use of the Service may trigger Fee obligations via trading or other defined actions, as set in the Service Order.

5. Data and Analytics

5.1 We collect analytics, system logs, usage metrics, feature interaction data, and similar data ("Analytics Data") to improve the Service.

5.2 You retain ownership of any data you input into the Service (“Your Data”).

5.3 You grant us a worldwide, perpetual, irrevocable, royalty-free license to use aggregated or de-identified versions of Your Data (without personal identifiers) for benchmarking, analytics, improvements, and research.

5.4 Any personal data is handled per our Privacy Policy, which you agree is part of this Agreement by your use of the Service.

6. Term and Termination

6.1 This Agreement begins on the date you first accept or use the Service (“Effective Date”) and continues for the period in the Service Order (“Term”). It may renew automatically unless terminated or non-renewed as specified.

6.2 Either party may terminate for a material breach if the other fails to cure within 30 days after written notice (unless immediate termination is warranted).

6.3 We may suspend or terminate your access immediately for violations of Section 4 or misuse.

6.4 Upon termination or expiration:

you pay all accrued Fees;
your access is revoked and account disabled;
Sections 4, 5.2, 7, 8, 9, 10, 11 (and any other surviving clauses) survive.

7. Intellectual Property Rights

7.1 We or our licensors own all rights, title, and interest in the Service (software, interface, materials, trademarks, etc.).

7.2 You own Your Data.

7.3 You shall not remove or obscure proprietary notices on the Service.

8. Confidentiality

8.1 “Confidential Information” means non-public information disclosed by one party to the other that is marked or understood as confidential.

8.2 The recipient must keep it confidential, not disclose to third parties without consent, and use it only to perform under this Agreement.

8.3 Exceptions: information that is public, independently developed, lawfully received from a third party, or required to be disclosed by law (with notice to discloser if allowed).

8.4 Upon termination, the recipient shall return or destroy the other’s Confidential Information.

9. Warranties; Disclaimer

9.1 Each party represents it has authority to enter into this Agreement.

9.2 THE TRENCHES PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES (MERCHANTABILITY, FITNESS, NON-INFRINGEMENT).

9.3 You assume all risks in using the Service, including trading decisions or reliance on features.

10. Limitation of Liability

10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY NOR ITS AFFILIATES, OFFICERS OR AGENTS SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (LOSS OF PROFITS, DATA, BUSINESS) ARISING OUT OF THIS AGREEMENT OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Our aggregate liability for all claims under this Agreement shall not exceed the total Fees you paid in the 12 months preceding the event giving rise to liability (or another cap you choose).

10.3 Some jurisdictions do not allow exclusion or limitation of certain liabilities; if so, those exclusions or limitations may not apply to you.

11. Indemnification

11.1 You defend, indemnify and hold harmless The Trenches, its affiliates, officers, directors, employees and agents from claims, liabilities, losses, damages, costs or expenses (including attorneys’ fees) from: your breach, misuse, trading activity, or violation of laws.

11.2 We defend and indemnify you from third-party claims that your authorized use of the Service (as provided) infringes third-party intellectual property rights, provided you promptly notify us, allow us to control the defense, and make no settlement without our consent. Our indemnification excludes claims arising from Your Data, modifications, or combinations with third-party services.

12. Governing Law & Dispute Resolution

12.1 This Agreement is governed by the laws of the Republic of Panama, without regard to its conflict of laws rules.

12.2 Disputes are subject to the courts located in Panama (or alternative dispute resolution if you prefer, e.g. arbitration).

13. Modifications to Terms

We may amend this Agreement by posting a revised version to our website or notifying you by email. The “Last updated” date will change. Continued use of the Service after the effective date of changes constitutes your acceptance. If you disagree, you must stop using the Service.

14. Miscellaneous

14.1 If any provision is found invalid or unenforceable, that part is modified or severed to the minimum extent necessary; remaining provisions survive.

14.2 Neither party may assign this Agreement without the other’s written consent, except The Trenches may assign to an affiliate or in connection with a merger or sale of assets.

14.3 Parties are independent contractors. Nothing creates a joint venture or agency.

14.4 Notices must be in writing and are effective when delivered personally, by certified mail, or by email (with confirmation).

14.5 This Agreement is the full agreement regarding its subject matter and supersedes prior agreements or communications.

End of Terms of Service