Terms of Service

1. Acceptance of Terms

By accessing or using the Gilito AI platform at gilito.ai and its subdomains (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Gilito AI SL, a company incorporated in Barcelona, Spain ("Gilito AI", "Gilito", "we", "us", or "our").

If you do not agree to these Terms, you must not access or use the Service.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date at the top of this page and, for significant changes, by sending an email to the address associated with your account at least 15 days before the changes take effect. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms. If you do not agree with any modification, you must discontinue use of the Service before the changes take effect.

These Terms are supplemented by our Privacy Policy, which is incorporated by reference into these Terms.

2. Description of Service

Gilito AI provides a quantitative trading research platform that:

• Backtests trading strategies across historical market data
• Generates buy, sell, and hold signals based on quantitative analysis
• Provides market analytics, strategy rankings, and research tools
• Offers access to strategy performance metrics and statistics
• Provides an API for programmatic access to research data (for applicable subscription plans)

The Service is provided for research and informational purposes only. Gilito AI is not a broker-dealer, investment adviser, financial planner, or robo-adviser. Gilito AI does not:

• Provide personalised investment recommendations
• Execute trades on your behalf
• Hold or manage client assets
• Provide tax, legal, or financial planning advice
• Account for your individual financial situation, risk tolerance, or investment objectives

All signals generated by the platform are generic and non-personalised — the same output is provided to all users viewing the same asset. The platform does not make any suitability assessments.

3. Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts under the laws of your jurisdiction
• Not be a person barred from receiving services under the laws of Spain, the European Union, or any other applicable jurisdiction
• Not be located in a country subject to comprehensive sanctions by the European Union or the United Nations

By using our Service, you represent and warrant that you meet all eligibility requirements. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

4. User Accounts

If you create an account with us, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Providing accurate and up-to-date information in your account profile
• Notifying us immediately of any unauthorised access at [email protected]

Each account is for a single individual. You may not share your account credentials with others or create multiple accounts. We reserve the right to suspend or terminate accounts at our discretion if we believe these Terms have been violated, with prior notice where reasonably practicable unless the violation poses an immediate security risk.

5. Financial Disclaimer

All content on Gilito AI — including but not limited to strategy signals, backtesting results, strategy rankings, indicators, market analytics, blog posts, and educational content — is provided for informational and educational purposes only and does not constitute:

• Investment advice or personalised recommendations
• An offer or solicitation to buy, sell, or hold any financial instrument
• Tax, legal, or financial planning advice
• A guarantee of any particular outcome or performance

The information provided through the Service reflects generic, automated quantitative analysis. Signals are model outputs, not analyst opinions. You should consult a licensed financial advisor before making any investment decisions.

Gilito AI expressly disclaims any and all liability for investment decisions made based on information provided through the Service. You acknowledge that you are solely responsible for your own investment decisions and that you will not hold Gilito AI liable for any losses, damages, or costs arising from those decisions.

6. Risk Disclosure

Trading and investing in financial markets carries substantial risk. By using the Service, you acknowledge and accept the following:

• You may lose part or all of your invested capital
• Past performance — including backtested results — does not guarantee future results
• Backtested results are simulations based on historical data and do not account for all real-world conditions, including but not limited to slippage, commissions, liquidity constraints, market impact, and transaction costs
• Market conditions change and strategies that performed well historically may not perform well in the future
• Strategy rankings are based on historical backtested performance and are not indicative of future results
• Actual trading results may differ materially from backtested results
• The Service may contain errors in data, calculations, or methodology

You should only trade with money you can afford to lose and should never rely solely on any information provided by Gilito AI when making investment decisions.

7. AI Transparency

In compliance with the EU Artificial Intelligence Act (Regulation (EU) 2024/1689), we inform you that:

• Signals, strategy rankings, and backtesting results are generated by automated AI and quantitative models
• These outputs are clearly labelled as AI-generated throughout the Service
• The AI systems process historical market data using mathematical models and do not consider your personal financial circumstances
• AI-generated content is provided for informational purposes only and should not be relied upon as financial advice
• The underlying models have limitations, including potential biases from historical data, sensitivity to parameter choices, and inability to predict unprecedented market events

For information about the methodologies and limitations of our AI systems, please contact us at [email protected].

8. Intellectual Property

All content, features, and functionality of the Service — including but not limited to algorithms, software, source code, trading strategies, backtesting methodologies, scoring systems, design, text, graphics, logos, data compilations, and the Gilito Score — are owned by Gilito AI SL and are protected by copyright, trademark, trade secret, patent, and other applicable intellectual property laws of Spain, the European Union, and international treaties.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal or internal business purposes, subject to these Terms. You may not:

• Reproduce, distribute, modify, or create derivative works of any content from the Service
• Resell, sublicense, or commercially redistribute Service content or data
• Remove or alter any copyright, trademark, or proprietary notices
• Use Gilito AI trademarks or branding without prior written consent

9. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Scrape, crawl, or extract data from the Service by automated means without prior written permission
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorised access to our systems, networks, or other users' accounts
• Use the Service to manipulate financial markets or engage in insider trading
• Resell, redistribute, or republish Service data or signals to third parties without authorisation
• Circumvent, disable, or interfere with security features of the Service
• Use the Service in a manner that imposes an unreasonable or disproportionate load on our infrastructure
• Create an account using false or misleading information

Violation of these acceptable use provisions may result in immediate suspension or termination of your account without prior notice.

10. API Terms of Use

If your subscription plan includes access to the Gilito AI API, the following additional terms apply:

10.1 API Access and Keys

• API keys are confidential and must not be shared, published, or embedded in client-side code
• You are responsible for all activity that occurs using your API keys
• Compromised keys must be reported immediately and regenerated

10.2 Rate Limits and Usage

• API usage is subject to rate limits as defined in your subscription plan and the API documentation
• Exceeding rate limits may result in temporary throttling or suspension of API access
• Automated retry mechanisms must implement exponential backoff

10.3 Data Ownership and Redistribution

• Data obtained through the API is licensed, not sold. Gilito AI retains all intellectual property rights
• You may use API data for internal business purposes and to serve your end users, but you may not resell raw API data to third parties
• If you display Gilito AI data to your end users, you must include the applicable financial disclaimers and attribution as specified in the API documentation
• All API responses include a disclaimer field — you must display this to your end users

10.4 Service Level

The API is provided on a commercially reasonable efforts basis. While we strive for high availability, we do not guarantee specific uptime percentages unless separately agreed in writing (e.g., in an Enterprise agreement). Scheduled maintenance windows will be communicated via the API status page and email.

10.5 Data Processing

If you transmit personal data of your end users through the API, a Data Processing Agreement (DPA) under GDPR Article 28 may be required. Contact [email protected] to execute a DPA.

11. Subscriptions and Payments

11.1 Subscription Plans

Certain features of the Service require a paid subscription. Current plans, pricing, and included features are described on our pricing page. We reserve the right to modify pricing with at least 30 days' notice before the change takes effect on your account.

11.2 Billing and Payment

• Payment is processed securely by Stripe. Gilito AI does not store your full payment card details
• You agree to provide accurate and complete billing information
• Subscription fees are charged in advance on a recurring basis (monthly or annually)
• All prices are displayed inclusive of applicable VAT/taxes unless stated otherwise

11.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. We will send a renewal reminder email at least 7 days before monthly renewals and 30 days before annual renewals.

11.4 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation is effective at the end of your current billing period — you will retain access to paid features until then. The cancellation process is designed to be as simple as the subscription process.

11.5 No Refund Policy

You may cancel your subscription at any time to prevent future charges, but no refund will be issued for the current or any prior billing period. Enterprise and API plans with individually negotiated contracts may have separate terms as agreed in writing.

For billing inquiries, contact us at [email protected].

12. Right of Withdrawal (EU Consumers)

Under the Consumer Rights Directive 2011/83/EU (transposed in Spain as Real Decreto Legislativo 1/2007), you have the right to withdraw from a distance contract within 14 calendar days without giving any reason.

12.1 Waiver of Right of Withdrawal

In accordance with Article 16(m) of the Consumer Rights Directive, by subscribing to the Service and expressly consenting to immediate performance at checkout, you acknowledge and agree that:

• You request that performance of the Service begins immediately upon subscription
• You acknowledge that you lose your right of withdrawal once the digital service has been fully provided, or once performance has begun with your prior express consent

This waiver is obtained through a clear and separate consent mechanism at checkout. If you do not provide this consent, the 14-day right of withdrawal applies, and you may request a full refund within that period.

12.2 How to Exercise Withdrawal

To exercise your right of withdrawal (where applicable), send a clear statement of your decision to withdraw to [email protected] within 14 days of your subscription date. Refunds will be processed within 14 days of receiving your withdrawal notice, using the same payment method used for the original transaction.

13. Disclaimer of Warranties

THE SERVICE IS 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, ACCURACY, AND NON-INFRINGEMENT.

Without limiting the foregoing, Gilito AI does not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• Any data, signals, or analytics provided are accurate, complete, reliable, or current
• Market data will be delivered in real-time or without delay
• Any strategy or signal will generate profits or avoid losses
• Defects in the Service will be corrected

Nothing in these Terms excludes or limits warranties that cannot be excluded or limited under applicable EU or Spanish law.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GILITO AI SL, ITS DIRECTORS, EMPLOYEES, PARTNERS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF INVESTMENT, OR FINANCIAL LOSSES ARISING FROM YOUR USE OF THE SERVICE OR RELIANCE ON ANY INFORMATION PROVIDED.

Our total aggregate liability to you for any and all claims arising out of or relating to these Terms or the Service shall not exceed the total amounts paid by you to Gilito AI in the twelve (12) months preceding the event giving rise to the claim.

These limitations apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if Gilito AI has been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded under applicable EU or Spanish law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Gilito AI SL and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party rights
• Investment decisions you make based on information obtained from the Service

This indemnification obligation does not apply to the extent the claim arises from Gilito AI's own gross negligence or wilful misconduct.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Kingdom of Spain, without regard to its conflict of law provisions.

Any disputes arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain.

Consumer exception: If you are a consumer within the European Union, you retain the right to bring proceedings in the courts of your country of residence in accordance with applicable consumer protection legislation (Regulation (EU) No 1215/2012, Article 18). Additionally, you may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

17. Termination

17.1 Termination by Gilito AI

We may suspend or terminate your access to the Service:

• Immediately and without notice if you breach these Terms in a way that poses an immediate security risk or involves illegal activity
• With 30 days' notice for other breaches, providing you an opportunity to cure the breach where reasonably practicable
• With 90 days' notice if we discontinue the Service entirely

17.2 Termination by You

You may terminate your account at any time by cancelling your subscription and deleting your account through account settings, or by contacting us at [email protected].

17.3 Effect of Termination

Upon termination: (a) your right to use the Service ceases immediately; (b) we may delete your account data after 30 days in accordance with our Privacy Policy; (c) any outstanding fees become immediately due; (d) provisions that by their nature should survive termination (including Sections 5, 6, 8, 13, 14, 15, 16, and 18) shall survive.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity and enforceability of the remaining provisions.

19. Force Majeure

Gilito AI shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, government actions, power outages, internet or telecommunications failures, cyberattacks, or failures of third-party service providers.

If a force majeure event continues for more than 60 consecutive days, either party may terminate the affected portion of these Terms by written notice.

20. Contact

If you have any questions about these Terms of Service, please contact us: