Terms of Use

01 Acceptance of these Terms

By installing, accessing, or using the App or Site, you agree to be bound by these Terms of Use (the “Terms”) and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not install, access, or use the App or Site.

If you are entering into these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization, and “you” refers to that organization.

02 Definitions

For purposes of these Terms:

• “Kolmen Strategies,” “we,” “us,” or “our” refers to Kolmen Strategies, [ENTITY TYPE], the publisher of the App.
• “App” refers to The GAO — Gemini Agentic Observer, including the mobile application binary distributed through the Apple App Store and Google Play Store, all updates and bug fixes, and any related documentation.
• “Site” refers to thegao.app and any successor URL.
• “Gemini Exchange” refers to the cryptocurrency exchange operated by Gemini Trust Company, LLC.
• “Agent Rule” refers to a Take Profit, Stop Loss, Sell the Rally, Buy the Dip, or other automated trading rule that you configure within the App.
• “Subscription” refers to a Monthly, Annual, Lifetime, Enterprise, or other paid plan made available through the App or Site.

03 Eligibility

To use the App you must:

• Be at least 18 years of age (or the age of legal majority in your jurisdiction, whichever is greater);
• Be legally permitted to trade cryptocurrency in your jurisdiction;
• Hold a valid and active Gemini Exchange account that you yourself opened;
• Not be a person or entity barred from receiving services under the laws of the United States or any other applicable jurisdiction (including any individual or entity on the U.S. Treasury Department’s Office of Foreign Assets Control list of Specially Designated Nationals);
• Not access the App from any country or territory subject to comprehensive U.S. trade or economic sanctions.

By using the App, you represent and warrant that you meet each of these conditions.

04 License grant & restrictions

Subject to your compliance with these Terms, Kolmen Strategies grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on devices you own or control, solely for your own personal, non-commercial use, except as expressly permitted under an Enterprise Subscription.

You agree not to, and not to permit any third party to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas of the App, except to the extent such activity is expressly permitted by applicable law notwithstanding this restriction;
• Modify, adapt, translate, or create derivative works of the App;
• Rent, lease, lend, sell, sublicense, distribute, publish, or otherwise commercialize the App without our prior written consent;
• Remove, alter, or obscure any proprietary notices on the App;
• Use the App in any manner that interferes with, disrupts, or damages the App, our infrastructure, or any third-party network or system;
• Use the App to violate any applicable law or any third party’s rights, including the rules of Gemini Exchange.

05 Accounts & credentials

5.1 API credentials

You will generate your Gemini Exchange API key and secret yourself, on Gemini’s website. You are solely responsible for:

• Choosing the appropriate scope and permissions when creating the API key;
• Keeping the API key and secret confidential;
• Promptly revoking the API key on Gemini’s website if your device is lost, stolen, or compromised;
• All activity that occurs through use of your API key, whether authorized by you or not.

The App stores your API credentials only on your device, in the platform secure credential store (Android Keystore on Google Play; iOS Keychain on Apple devices). We do not have access to them. We cannot recover them, reset them, or use them on your behalf.

5.2 Future single sign-on

If we introduce optional account features that use Sign in with Apple or Sign in with Google in the future, additional terms governing those accounts will be presented to you in-App and posted on the Site. You will not be required to enable account features in order to continue using the on-device, key-only mode of the App.

06 Beta program

The App is currently in open beta (version 1.0.0-beta.01 or later). By using the App during this period, you acknowledge and agree:

• The App may contain bugs, defects, errors, or omissions and may not perform as expected;
• Features may be added, removed, or changed at any time without notice;
• We may collect anonymous bug reports through the Apple App Store Connect or Google Play Console crash-reporting tools that you have separately consented to as part of your relationship with Apple or Google;
• Your sole remedy for any dissatisfaction with the App during the beta period is to discontinue use of the App.

07 Trading risk acknowledgement

You understand and acknowledge each of the following:

• Cryptocurrency markets are volatile, fast-moving, and capable of generating substantial losses, including total loss of capital, in very short periods of time.
• Automated trading rules execute according to your configuration and the data the App receives from Gemini Exchange. Network outages, data delays, exchange-side issues, your own configuration errors, OS-level scheduling, battery saver, Doze mode, foreground-service termination by the OS, or other factors may delay, prevent, or alter the execution of any rule.
• Past performance, including any back-tested or simulated performance shown anywhere in or about the App, does not guarantee future results.
• The App may surface AI-generated suggestions for rules. These suggestions are heuristic, may be incorrect, and are not investment recommendations. You are responsible for reviewing every suggestion before activating any rule.
• You are solely responsible for understanding the tax treatment of your trades in your jurisdiction.
• The price you see in the App may differ from the price at which an order ultimately fills, due to slippage, latency, or market conditions.

You assume all risk of using the App for trading activity.

08 No financial, investment, tax, or legal advice

The App, the Site, and any communications from Kolmen Strategies are for informational purposes only. Nothing in the App or Site is, or should be construed as, financial, investment, tax, accounting, legal, or other professional advice or a recommendation to buy, sell, or hold any digital asset. Kolmen Strategies is not a registered broker-dealer, investment adviser, futures commission merchant, swap dealer, money transmitter, or fiduciary, and you have no advisory or fiduciary relationship with Kolmen Strategies by virtue of using the App.

Consult a qualified professional before making investment decisions.

09 Third-party services

The App connects to and depends on third-party services, including Gemini Exchange. Your use of any third-party service is subject to that service’s terms and privacy policy. We are not responsible for, and make no representation regarding, any third-party service, including its availability, accuracy, completeness, content, or reliability. The App may continue to function in degraded form, or fail to function entirely, if a third-party service is unavailable, modified, or discontinued.

The App is an independent third-party tool. Kolmen Strategies is not affiliated with, endorsed by, or operated by Gemini Trust Company, LLC.

10 Subscriptions, billing & refunds

10.1 Plans

The App offers the following plans, with features and prices described on the Site or in-App:

• Free. Limited number of automated agentic trades, as disclosed in-App and on the Site.
• Monthly. Recurring subscription billed monthly.
• Annual. Recurring subscription billed annually.
• Lifetime. One-time payment, available only during the open-beta period and subject to the additional terms in section 10.5.
• Enterprise. Custom-priced plan for hosted agentic-trade monitoring and team features, governed by a separately executed order form or master agreement.

10.2 Billing through the app stores

When you purchase a Subscription through the App, billing is handled by the app-store provider native to your purchase venue:

• Apple App Store: Apple processes payment through your Apple ID. Apple’s Media Services Terms and Conditions govern the transaction.
• Google Play Store: Google processes payment through Google Play Billing. Google’s Google Play Terms of Service govern the transaction.

If you purchase a Subscription on the Site, billing is handled by [PAYMENT PROCESSOR — e.g., Stripe], whose terms govern the transaction.

10.3 Auto-renewal

Monthly and Annual Subscriptions automatically renew at the then-current price, charged to your account on file with the app-store provider, until you cancel. Cancel anytime by following the subscription-management instructions of the venue where you purchased (Apple: Settings → Subscriptions; Google Play: Play Store → Account → Payments & subscriptions). Cancellation takes effect at the end of the then-current billing period.

10.4 Refunds

For Subscriptions purchased through the Apple App Store or Google Play Store, refunds are processed by Apple or Google according to their applicable refund policies. We are not able to issue direct refunds for app-store purchases.

For Web purchases handled by [PAYMENT PROCESSOR], a refund may be available if you contact us within [REFUND WINDOW — e.g., 14 days] of purchase and have not exceeded usage thresholds disclosed at the time of purchase.

10.5 Lifetime License

The Lifetime License is offered only during the open-beta period as disclosed on the Site, in our reasonable discretion. “Lifetime” means the lifetime of the App as a publicly maintained product offered by Kolmen Strategies, not the lifetime of the purchaser. If we discontinue the App, sunset the publicly maintained product, are required by law, regulator, or app-store policy to discontinue distribution, or are subject to a force majeure event preventing continued distribution, the Lifetime License terminates without refund obligation beyond what applicable consumer-protection law requires. We may, at our option, offer existing Lifetime License holders the equivalent or comparable replacement service or a pro-rated credit, but are not obligated to do so.

10.6 Price changes

We may change Subscription prices on a going-forward basis. We will provide reasonable notice (at least 30 days) before any price increase takes effect for an existing recurring Subscription. Continued use of the Subscription after the price change becomes effective constitutes acceptance of the new price; if you do not accept, cancel before the change takes effect.

10.7 Taxes

You are responsible for any sales, use, value-added, withholding, or similar taxes payable in connection with your Subscription. Where the app-store provider collects tax on our behalf, we will rely on the provider’s tax remittance.

11 Prohibited use

You agree not to use the App or Site:

• For any unlawful purpose, including market manipulation, wash trading, money laundering, terrorist financing, or evasion of sanctions;
• To violate the terms of service of Gemini Exchange or any other third-party service the App relies on;
• To interfere with or disrupt the App, its security, or its rate-limit obligations to Gemini;
• To attempt to gain unauthorized access to any account, system, or data;
• To resell, redistribute, or otherwise commercialize App functionality outside an Enterprise plan;
• To circumvent any usage limit, including the agentic-trade limit applicable to the Free plan;
• To upload or transmit malicious code, viruses, or any code intended to compromise the App or any third party.

12 Intellectual property

The App, the Site, and all content, software, and materials made available through them are owned by Kolmen Strategies or our licensors and are protected by United States and international copyright, trademark, and other intellectual-property laws. The license granted to you in section 4 does not transfer any ownership interest. All rights not expressly granted are reserved.

“The GAO,” “Gemini Agentic Observer,” the diamond logo, and “Kolmen Strategies” are trademarks of Kolmen Strategies. Other trademarks referenced in the App or on the Site are the property of their respective owners.

13 Feedback

If you choose to send us comments, suggestions, ideas, bug reports, or other feedback (collectively, “Feedback”), you grant Kolmen Strategies a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, publish, and otherwise exploit the Feedback for any purpose. You represent and warrant that any Feedback you provide is your own and does not violate any third-party rights.

14 Disclaimers

Without limiting the foregoing, we do not warrant that:

• The App will be available, error-free, or uninterrupted;
• Any Agent Rule will execute, will execute on time, or will produce any particular trading outcome;
• Information displayed in the App is accurate, complete, or up to date;
• The App is compatible with every device, operating-system version, or carrier configuration.

15 Limitation of liability

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you. To the extent that liability cannot lawfully be limited, our liability is limited to the smallest extent permitted by applicable law.

16 Indemnification

You agree to indemnify, defend, and hold harmless Kolmen Strategies and our affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the App or Site, (b) your breach of these Terms, (c) your violation of any law or any third party’s rights, or (d) any trading activity initiated by or through your account, whether by you, by an Agent Rule you configured, or by any person you permitted to access the App on your device.

17 Termination

You may terminate your relationship with Kolmen Strategies at any time by deleting the App and cancelling any Subscription through the venue of purchase.

We may suspend or terminate your access to the App or any Subscription at any time, with or without notice, if we reasonably believe you have violated these Terms, applicable law, or the rules of any third-party service the App relies on; if continued provision creates legal, regulatory, or security risk to us or other users; or if we discontinue the App or any feature.

Upon termination, sections 7, 8, 12, 14, 15, 16, and 18 through 24 will survive.

18 Governing law & venue

These Terms and any dispute arising out of or related to these Terms or the App will be governed by the laws of the State of [GOVERNING-LAW STATE — e.g., Delaware], United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to section 19, the exclusive venue for any action not subject to arbitration shall be the state and federal courts located in [VENUE COUNTY], [VENUE STATE], and you consent to personal jurisdiction in those courts.

19 Dispute resolution — binding arbitration

Informal resolution first. Before filing a claim, you and Kolmen Strategies agree to attempt to resolve any dispute informally for at least 60 days. To begin informal resolution, send written notice describing the claim, the relief sought, and your contact information to legal@kolmenstrategies.com.

Binding arbitration. If informal resolution does not succeed, you and Kolmen Strategies agree to resolve any dispute by final and binding individual arbitration before [ARBITRATION PROVIDER — e.g., the American Arbitration Association] under its [APPLICABLE RULES — e.g., Consumer Arbitration Rules]. The seat of arbitration is [SEAT — e.g., Wilmington, Delaware]. Each party will bear its own attorneys’ fees and costs except as awarded by the arbitrator. The arbitrator’s award may be entered in any court of competent jurisdiction.

Exceptions. Either party may bring a claim in small-claims court if the claim qualifies and may seek injunctive relief in court for misuse of intellectual property without first attempting informal resolution.

Right to opt out. You may opt out of arbitration by sending written notice to legal@kolmenstrategies.com within 30 days of first accepting these Terms. Your notice must include your name, the email associated with your App or Subscription, and a clear statement that you are opting out of arbitration.

20 Class-action waiver

To the maximum extent permitted by applicable law, you and Kolmen Strategies agree that any dispute will be brought only in an individual capacity and not as a class, collective, mass, consolidated, or representative action. The arbitrator may not consolidate or join more than one person’s claims and may not preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable as to any particular claim, that claim must be litigated in court, but the rest of these Terms remain in effect.

21 Changes to these Terms

We may modify these Terms from time to time. When we make material changes, we will update the “Effective Date” and “Last Updated” values at the top of this page and provide reasonable notice through the App, the Site, or by email. Material changes that affect your existing Subscription will be effective no earlier than 30 days after notice is given.

Your continued use of the App or Site after the effective date of an updated version of these Terms constitutes your acceptance of the updated Terms. If you do not accept the updated Terms, your sole remedy is to stop using the App and cancel any Subscription.

22 Export & sanctions compliance

The App is subject to United States export-control and economic-sanctions laws. You may not access or use the App if you are located in, ordinarily resident in, or organized under the laws of any country or territory subject to comprehensive U.S. trade or economic sanctions, or if you are listed on any U.S. government list of restricted parties. By using the App, you represent and warrant that you are not such a person and will not export or re-export the App in violation of applicable law.

23 General provisions

23.1 Apple-specific terms

If you obtained the App from the Apple App Store, the following additional terms apply, and to the extent of any conflict between this section and the rest of these Terms, this section controls with respect to your use of the App on Apple devices:

• These Terms are between you and Kolmen Strategies only, and not with Apple, Inc. (“Apple”). Apple is not responsible for the App or its content.
• The license granted to you in section 4 is limited to use on any Apple-branded products that you own or control and as permitted by the Apple Media Services Terms and Conditions Usage Rules.
• Apple has no obligation to furnish maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, or consumer-protection claims.
• If a third party claims that the App or your possession or use of it infringes the third party’s intellectual-property rights, Kolmen Strategies (and not Apple) is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• You represent that you are not located in a country subject to U.S. government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the App, and upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

23.2 Google-specific terms

If you obtained the App from the Google Play Store, your use is also subject to Google Play’s applicable Terms of Service. To the extent of any conflict between Google Play’s Terms of Service and these Terms, Google Play’s Terms of Service govern only the distribution mechanism; these Terms govern your use of the App itself.

23.3 Severability

If any provision of these Terms is held to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

23.4 No waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision.

23.5 Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, sale of assets, or by operation of law.

23.6 Entire agreement

These Terms, together with the Privacy Policy and any order form for an Enterprise plan, constitute the entire agreement between you and Kolmen Strategies regarding the App and Site, and supersede all prior or contemporaneous understandings.

23.7 Force majeure

Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including without limitation acts of God, war, terrorism, civil disturbance, pandemic, government order, exchange-side outage, internet or power outage, or third-party service unavailability.

23.8 Notices

Notices to Kolmen Strategies must be sent to legal@kolmenstrategies.com. Notices to you may be provided via the App, the Site, or the email associated with your account or Subscription.

24 Contact

For questions about these Terms, contact:

Kolmen Strategies
Legal & Compliance
Email: legal@kolmenstrategies.com
Postal: [STREET ADDRESS], [CITY], [STATE] [ZIP], United States
Entity: [ENTITY TYPE — e.g., a Delaware limited liability company]