These Terms of Service ("Terms") govern your access to and use of the websites, applications, and services (collectively, the "Services") provided by Claro Foundry Inc. ("Claro," "we," "us," or "our"), a company incorporated in Alberta, Canada. The Services are operated from Canada and made available to users globally. By accessing or using the Services, you agree to be bound by these Terms.
1. Acceptance of Terms; Eligibility
By creating an account, accessing, or using the Services, you represent and warrant that:
- You are at least 18 years old, or the age of legal majority in your jurisdiction (whichever is greater);
- You have the legal capacity to enter into a binding contract;
- You are not located in, or a resident of, any country or region subject to comprehensive sanctions administered by Canada, the United States (including any jurisdiction subject to U.S. OFAC comprehensive sanctions), the United Kingdom, the European Union, or the United Nations Security Council, and you are not on any restricted-party or denied-persons list maintained by those authorities; and
- Your use of the Services is not prohibited by the laws of your country of residence or the country from which you access the Services.
If you do not meet these requirements or do not agree to these Terms, you must not use the Services. You are solely responsible for determining whether your use of the Services is lawful in your jurisdiction. We make no representation that the Services are appropriate or available in any particular location, and we may restrict access from any jurisdiction at our discretion.
2. Account Registration
To access certain features, you must create an account. You agree to provide accurate, complete information and to keep your account credentials secure. You are responsible for all activity under your account. Notify us immediately at admin@clarofoundry.com if you suspect unauthorized access.
3. Description of Services
Claro provides software applications, including The Harbor, a trading analytics platform. The Services include trading analytics, journaling, Monte Carlo simulations, broker data integration, and related features. The Services are tools for analysis and review only — they do not provide financial, investment, tax, or legal advice, do not constitute a recommendation or solicitation to buy, sell, or hold any financial instrument, do not execute trades, and do not guarantee any trading or investment outcome. The Harbor does not implement any functionality that executes, modifies, or manages trades on your behalf.
Risk acknowledgement. Trading financial instruments (including foreign exchange, contracts for difference, futures, equities, and other instruments accessible through your broker) involves substantial risk of loss and is not suitable for every person. Past performance shown in analytics, simulations, or backtests is not indicative of future results. You are solely responsible for your own trading decisions and for any gains or losses arising from them. The Services are not a regulated financial product and Claro is not registered as an investment dealer, adviser, broker, or fund manager in any jurisdiction.
Global availability. The Services are designed to be made available to users worldwide, subject to Section 1 (Eligibility) and applicable law. Some features, integrations, or payment methods may not be available in every country. We reserve the right to add, remove, or modify features, supported brokers, supported regions, or supported languages at any time.
4. Subscription Plans and Billing
Certain features require a paid subscription. By subscribing, you agree to pay the applicable fees as displayed at the time of purchase. Subscriptions auto-renew for successive periods of the same length unless cancelled before the renewal date. Fees are quoted and charged in either U.S. dollars (USD) or Canadian dollars (CAD), as displayed at checkout; the available currency may depend on your billing country, and once selected, the currency for a given subscription will remain the same for subsequent renewals unless we notify you otherwise. Your payment provider or card issuer may apply currency conversion and foreign-transaction fees, which are your responsibility.
Taxes and duties. Fees are exclusive of any sales taxes, value-added tax (VAT), goods and services tax (GST/HST/QST), withholding taxes, customs duties, or similar taxes ("Taxes"), unless explicitly stated otherwise. Where Claro is required by law to collect Taxes (including Canadian GST/HST or destination-country VAT/GST for digital services), such Taxes will be added to the amount you are charged. Where Taxes are not collected by us, you are responsible for self-assessing and remitting any Taxes owed in your jurisdiction.
Refunds. Except as required by mandatory consumer protection law in your jurisdiction (including, where applicable, statutory withdrawal rights under EU/UK consumer law) or as expressly stated in our refund policy, fees are non-refundable. Mandatory consumer rights are not waived by these Terms.
Free tier. Limited features are available at no cost. We reserve the right to modify free tier availability at any time.
Trials. Trial periods provide temporary access to paid features. If you do not cancel before the trial ends, your subscription will begin and you will be charged.
Late payment and chargebacks. If a payment fails or is reversed (including via chargeback), we may suspend your access until payment is resolved. Initiating a chargeback for a charge you authorized may result in termination of your account.
5. Broker Account Connection and Financial Data
The Harbor accesses, ingests, and stores financial data about your trading activity, including trade history, open positions, pending orders, account balances, leverage, margin, instrument data, and related metadata (collectively, "Trading Data"). Trading Data is treated as sensitive financial information and is subject to heightened security and confidentiality obligations under these Terms and our Privacy Policy.
By connecting a broker account (e.g., MetaTrader 5, cTrader) to The Harbor, you:
- Explicitly authorize Claro to access your Trading Data through the broker's official API or another authorized integration method;
- Acknowledge that this data will be used solely to provide analytics, journaling, performance tracking, and related features within the Services, and not for advertising, profiling unrelated to the Services, sale to third parties, or training of general-purpose machine-learning models;
- Confirm that you have the authority to grant this access and that doing so does not violate any agreement you have with your broker or any applicable law (including, where relevant, rules on the disclosure of trading information by regulated persons);
- Understand that you may revoke this authorization at any time by disconnecting your broker account within the application; and
- Acknowledge that Trading Data may include data about third parties (e.g., counterparties referenced in confirmations) only to the extent that the broker provides it, and that you will not upload Trading Data belonging to other persons without their authorization.
Roles and responsibilities. With respect to Trading Data and other personal information you provide, Claro generally acts as a data controller for account-administration purposes and as a data processor (or "service provider," as that term is defined under applicable U.S. state privacy laws) when processing Trading Data on your instructions to deliver analytics features. We do not sell your Trading Data, do not "share" it for cross-context behavioural advertising as defined under the California Consumer Privacy Act (as amended by the CPRA), and do not use it for advertising or profiling.
Security. We implement administrative, technical, and physical safeguards designed to protect Trading Data, including encryption in transit and at rest, access controls, and logging. No system can be guaranteed to be fully secure, and you acknowledge that you provide Trading Data at your own risk to the extent permitted by law.
Retention and deletion. Upon disconnection of a broker account or deletion of your Claro account, broker-sourced Trading Data is deleted, anonymized, or returned to you within thirty (30) days, except where retention is required to comply with law (including tax, accounting, or anti-fraud obligations) or to establish, exercise, or defend legal claims.
6. Acceptable Use
You agree not to:
- Use the Services for any illegal purpose or in violation of any applicable law, including securities, derivatives, commodities, anti-money-laundering, counter-terrorist-financing, tax, sanctions, export-control, data-protection, or consumer-protection laws in any jurisdiction relevant to you;
- Use the Services in connection with market manipulation, insider trading, "front-running," wash trading, spoofing, layering, or any other prohibited or abusive trading practice;
- Use the Services to launder proceeds of crime, finance terrorism, evade sanctions, or facilitate any transaction that you know or should reasonably know is unlawful;
- Export, re-export, or transfer the Services or any related technology in violation of Canadian, U.S., U.K., EU, UN, or other applicable export-control or sanctions laws;
- Attempt to reverse engineer, decompile, disassemble, or extract source code from the Services, except to the extent such restriction is prohibited by mandatory law;
- Interfere with or disrupt the integrity, security, or performance of the Services, including by introducing malware, conducting denial-of-service attacks, scraping at abusive rates, or bypassing rate limits or access controls;
- Access another user's account without authorization, or impersonate any person or entity;
- Use the Services to transmit malware, spam, unlawful, defamatory, harassing, or harmful content;
- Use the Services to develop a competing product or service, or to train machine-learning models on Claro's proprietary content, interfaces, or telemetry; or
- Resell, sublicense, white-label, or redistribute the Services without our prior written permission.
7. Intellectual Property
All content, features, and functionality of the Services — including text, graphics, logos, software, and design — are owned by Claro Foundry Inc. and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.
8. Your Data
You retain ownership of all trading data, journal entries, and other content you create or upload through the Services ("Your Data"). By using the Services, you grant Claro a limited license to process Your Data solely for the purpose of providing the Services to you. We will not sell, share, or use Your Data for purposes other than delivering and improving the Services.
9. Third-Party Integrations
The Services integrate with third-party platforms (e.g., MetaTrader 5, cTrader, Stripe). Your use of these integrations is subject to the respective third party's terms and policies. Claro complies with the terms of use and data protection requirements of each third-party API it integrates with. Claro is not responsible for third-party services, their availability, or their handling of your data outside of our Services.
10. Data Protection and International Privacy Laws
Claro is established in Canada and processes personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws (including, where relevant, Quebec's Law 25, Alberta's PIPA, and British Columbia's PIPA).
Where we offer the Services to users in other regions, we process personal information in accordance with applicable data-protection law, which may include:
- The General Data Protection Regulation (EU) 2016/679 ("EU GDPR") and the UK GDPR / Data Protection Act 2018 for users in the European Economic Area, the United Kingdom, and Switzerland;
- The California Consumer Privacy Act, as amended by the California Privacy Rights Act ("CCPA/CPRA"), and other U.S. state privacy laws (including Virginia, Colorado, Connecticut, Utah, and Texas) for users in the United States;
- The Lei Geral de Proteção de Dados ("LGPD") in Brazil;
- The Privacy Act 1988 (Cth) and the Australian Privacy Principles in Australia;
- The Personal Data Protection Act 2012 ("PDPA") in Singapore;
- The Act on the Protection of Personal Information ("APPI") in Japan; and
- Other comparable data-protection or privacy laws applicable to your jurisdiction.
International transfers. Because the Services are operated from Canada, your personal information (including Trading Data) will be transferred to and stored in Canada, and may be processed by service providers in other countries. Where required, we rely on lawful transfer mechanisms such as the European Commission's Standard Contractual Clauses, the UK International Data Transfer Addendum, Canada's adequacy status under the EU GDPR for commercial organizations, or other applicable safeguards.
For full details on how we collect, use, protect, share, and transfer your information, the legal bases on which we rely, retention periods, and the rights available to you (including rights to access, rectify, delete, restrict, object, port, or withdraw consent, and the right to lodge a complaint with a supervisory authority), please refer to our Privacy Policy.
11. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or quiet enjoyment. Claro does not warrant that the Services will be uninterrupted, timely, error-free, or completely secure, that defects will be corrected, or that the Services or the servers that make them available are free of viruses or other harmful components. We do not guarantee the accuracy, completeness, or timeliness of analytics, simulations, backtests, broker-sourced data, or any other output of the Services. Nothing in the Services constitutes financial, investment, tax, accounting, or legal advice.
Some jurisdictions do not allow the exclusion of certain warranties or implied terms; in those jurisdictions, the above exclusions apply only to the maximum extent permitted, and you may have additional rights that cannot be excluded by contract.
12. Limitation of Liability
To the fullest extent permitted by law, in no event shall Claro Foundry Inc., its affiliates, or its directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including, but not limited to, loss of profits, lost or missed trading opportunities, trading losses, lost revenue, lost goodwill, data loss, or business interruption, arising out of or relating to your use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total aggregate liability for any and all claims related to the Services shall not exceed the greater of (a) the amount you paid to us for the Services in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).
Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, death or personal injury caused by negligence, or rights granted to consumers under mandatory consumer-protection law.
13. Indemnification
You agree to indemnify and hold harmless Claro Foundry Inc., its officers, directors, and employees from any claims, damages, or expenses arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.
14. Termination
We may suspend or terminate your access to the Services at any time for violation of these Terms or for any other reason at our discretion, with or without notice. Upon termination, your right to use the Services ceases immediately. Your data will be handled in accordance with our Privacy Policy. Sections that by their nature should survive termination will survive (including intellectual property, limitation of liability, indemnification, and dispute resolution).
15. Governing Law and Disputes
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, are governed by, and construed in accordance with, the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to the consumer carve-out below, you and Claro agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through binding arbitration seated in Calgary, Alberta, conducted in English in accordance with the rules of the ADR Institute of Canada (ADRIC), by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights or confidential information.
Class-action waiver. To the maximum extent permitted by law, disputes will be resolved on an individual basis only, and not as part of any class, consolidated, or representative action. If this class-action waiver is held unenforceable, then the entire arbitration agreement in this section will be null and void with respect to that dispute, but the remainder of these Terms will remain in effect.
Consumer carve-out. If you are a consumer (and not acting in the course of a business or profession):
- Nothing in this section deprives you of the protection of mandatory provisions of the law of the country in which you have your habitual residence;
- You may bring proceedings against us in the courts of the country in which you are habitually resident, and we may bring proceedings against you only in those courts;
- If you are resident in the European Economic Area or the United Kingdom, you may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr; and
- The arbitration and class-action provisions above do not apply to the extent prohibited by mandatory consumer-protection law in your jurisdiction.
16. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the effective date. Continued use of the Services after changes constitutes acceptance of the updated Terms.
17. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Claro Foundry Inc. regarding the Services.
19. Contact Us
If you have questions about these Terms, contact us at:
Claro Foundry Inc.
Alberta, Canada
admin@clarofoundry.com
For privacy- or data-protection-related requests (including access, deletion, correction, or objection requests), please use the contact methods set out in our Privacy Policy.