Terms of Service

Acceptance of Terms

By accessing chartwhisperer.ca ("the Site"), or by purchasing, downloading, accessing, or using any product, course, coaching service, or digital content offered by The Chart Whisperer ("we", "us", "our"), you ("Customer", "User", "you") agree to be legally bound by these Terms of Service in their entirety.

If you do not agree to any provision of these Terms, you must not access the Site or purchase any Product. Your continued use of the Site or any Product constitutes ongoing acceptance of these Terms as they may be amended from time to time.

These Terms constitute a legally binding agreement between you and Charles V., operating as The Chart Whisperer, a sole proprietorship registered in Canada.

Proprietary Intellectual Property & Trademarks

The Chart Whisperer owns extensive proprietary intellectual property protected under Canadian federal copyright law (the Copyright Act, R.S.C. 1985, c. C-42), trade secret law, common law trademark rights, and applicable international intellectual property conventions including the Berne Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Purchasing a Product grants you a limited personal licence as described in Section 03. It does not transfer, assign, or convey any ownership, copyright, trademark right, trade secret, or other intellectual property right to you.

Any unauthorised use of these marks or proprietary works — including in business names, course titles, product names, social media handles, or public descriptions — constitutes infringement and will be subject to the enforcement actions described in Section 10.

Licence Grant & Restrictions

Upon confirmed payment in full, The Chart Whisperer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal licence to access and use the purchased Product for your own private, non-commercial trading education and personal use only.

This licence expressly prohibits the following:

• Reproduction or distribution — copying, duplicating, printing, screen-recording, photographing, or distributing any portion of the Product to any third party by any means.
• Resale or sublicensing — selling, renting, leasing, lending, sublicensing, or otherwise transferring the Product or your access rights to any third party.
• Public disclosure — posting, sharing, or publishing the specific details of proprietary frameworks, scoring systems, session methodologies, or module content on any public platform including but not limited to social media, forums (Reddit, Discord, Telegram, YouTube), websites, newsletters, or podcasts.
• Derivative works — creating courses, guides, tools, applications, trading systems, indicators, or any other derivative work based on, substantially similar to, or inspired by the proprietary architecture of any Product, without prior written licence.
• Reverse engineering — attempting to reverse engineer, reconstruct, replicate, or independently derive any algorithm, scoring system, decision framework, mathematical logic, or weighting methodology contained in any Product.
• Commercial exploitation — using the Products or knowledge derived from the Products for any commercial purpose other than your own personal trading account.
• Account sharing — sharing login credentials or providing third-party access to any gated course content or members area.

Breach of any restriction in this section results in automatic, immediate termination of your licence without refund and without prior notice.

AI & Automated Use Prohibition

Without limiting the generality of Section 03, you are expressly prohibited from:

• AI training data — using any Site content, Product content, blog articles, course materials, or proprietary methodologies as training data, fine-tuning data, evaluation data, reinforcement learning data, or benchmark data for any large language model (LLM), generative AI system, machine learning model, neural network, or artificial intelligence application of any kind, whether commercial or open-source.
• Automated scraping — using any web scraper, crawler, spider, bot, automated browser, headless browser, API emulation, or any other automated means to access, extract, copy, index, or systematically collect content from chartwhisperer.ca for any purpose.
• Dataset creation — compiling, assembling, or contributing any Site content or Product content to any dataset, corpus, knowledge base, or vector database intended for AI or ML use.
• AI-assisted replication — using AI tools to replicate, reconstruct, approximate, paraphrase at scale, or generate content substantially similar to the CAP Framework, Continuation Acceleration Protocol, or any proprietary methodology, even if the prompt describes the methodology in your own words.
• Commercial AI applications — incorporating insights, frameworks, or methodologies derived from the Products into any AI-powered trading tool, signal service, advisory platform, automated bot, or decision-support system offered to third parties.
• Embedding or vectorisation — converting any Product content into vector embeddings, semantic representations, or knowledge graph entries for retrieval-augmented generation (RAG) systems, semantic search applications, or AI knowledge bases.

This prohibition applies regardless of whether the use is commercial or non-commercial, and regardless of how the content was obtained. Violation of this section constitutes copyright infringement, misappropriation of trade secrets, and breach of contract, and will be subject to the maximum civil and equitable remedies available under applicable law.

Automated crawlers operated by legitimate search engines (Googlebot, bingbot, DuckDuckBot) for the sole purpose of indexing pages in search results are permitted in accordance with our robots.txt file.

Competitive Use Prohibition

You may not use the Products, or any knowledge, methodology, framework, system, or scoring logic derived from the Products, for any of the following competitive purposes:

• Competing education products — creating, developing, publishing, marketing, or selling any trading course, educational programme, coaching service, masterclass, webinar series, trading school, or structured educational content that incorporates, mirrors, or is substantially derived from the content, architecture, or methodology of any Product.
• Signal and advisory services — operating or materially contributing to any paid or free trading signal service, alert service, market commentary service, or copy-trading service that utilises the CAP Framework, Continuation Acceleration Protocol, or any substantially similar protocol derived therefrom.
• Commercial trading tools — developing, publishing, or commercialising any indicator, TradingView script, trading tool, analytical platform, or decision-support application that replicates or incorporates the proprietary scoring systems, session logic, or decision logic of any Product.
• Competing brands — establishing any trading education brand, website, social media presence, or service offering that adopts naming conventions, visual identity, framework architecture, or methodological framing substantially similar to The Chart Whisperer or the CAP Framework.

This prohibition applies during the term of your licence and for a period of three (3) years following termination or expiry of your licence for any reason. For legitimate commercial licensing enquiries, contact us at the address in Section 15.

Confidentiality

By purchasing any Product, you acknowledge that the content of that Product constitutes confidential and proprietary information of The Chart Whisperer ("Confidential Information"). You agree to:

• Treat all course content, frameworks, scoring systems, module structures, session methodologies, regime classification logic, and associated materials as strictly confidential.
• Not disclose, describe, summarise, or publish the specific proprietary details of any system or framework to any third party by any means, whether direct communication, social media, forum discussion, private messaging, or otherwise.
• Take reasonable security precautions to prevent unauthorised access to your login credentials and any downloaded Product files.
• Notify us promptly in writing if you become aware of any actual or suspected unauthorised access to or disclosure of any Product or Confidential Information.

This clause does not restrict general discussion of publicly available trading concepts such as Wyckoff methodology, cumulative volume delta, break of structure, or Fibonacci tools. It applies specifically to the proprietary synthesis, sequencing, scoring logic, and framework architecture unique to the Products.

Your confidentiality obligations survive termination or expiry of your licence for a period of five (5) years.

Products & Delivery

All Products are delivered digitally. Upon confirmed payment, you will receive access or delivery within 24 hours via the email address provided at checkout. It is your responsibility to provide a valid, accessible email address at time of purchase.

Products include, but are not limited to: the Bitcoin Acceleration Protocol, Ethereum Acceleration Protocol, ETH and BTC Trading Journals, Dual-Market Bundles, and any supplementary materials provided therewith.

We reserve the right to update, revise, or improve Product content at any time. Updates are provided at no additional cost to active licence holders. We make no guarantee that any particular version of a Product will be available indefinitely.

Nothing in any Product, on the Site, or communicated in any coaching session constitutes financial advice, investment advice, or a recommendation to enter any specific trade. All content is educational in nature only. See Section 11 for the full risk disclosure.

Coaching Services

Private coaching sessions are provided on a one-on-one basis and are subject to availability. Sessions are conducted via video call at a mutually agreed time.

• All content, analysis, frameworks, and guidance shared in coaching sessions constitutes Confidential Information of The Chart Whisperer subject to Section 06.
• Sessions may not be recorded by the client by any means — audio, video, or screen capture — without prior written consent from The Chart Whisperer.
• Rescheduling requires a minimum of 24 hours advance notice. No-shows forfeit the session without credit or refund.
• We reserve the right to decline or terminate a coaching engagement at our discretion if the client is found to be acting in breach of these Terms or if the coaching relationship becomes unproductive.

Refund Policy

Due to the digital and immediately-accessible nature of all Products, all sales are final upon delivery. We do not offer refunds once a Product has been delivered or accessed.

Exceptions are considered solely at our discretion in the event of confirmed technical delivery failure where the Product was not delivered and cannot be re-delivered. Exception requests must be submitted within 24 hours of purchase to the address in Section 15.

Coaching session fees are non-refundable once a session has been conducted. Prepaid multi-session packages may be considered for pro-rata refund of unconducted sessions in extraordinary circumstances at our sole discretion.

Chargebacks or payment disputes initiated without first contacting us directly shall be treated as breach of contract. We reserve the right to contest any such chargeback and to permanently revoke the offending Customer's access to all Products and services.

Enforcement & Remedies

We actively monitor for unauthorised use, redistribution, and infringement of our intellectual property using digital monitoring services, content fingerprinting, and manual review processes.

• Immediate licence termination — access revoked without refund upon confirmed breach, without prior notice.
• Copyright takedown notices — formal DMCA notices or equivalent notices under the Copyright Act (Canada) issued to hosting providers, platforms (including YouTube, Reddit, Udemy, X, TikTok, and others), and domain registrars for removal of infringing content.
• Civil legal proceedings — claim for damages including actual damages, statutory damages, account of profits, disgorgement of revenues, and injunctive relief in the courts of British Columbia, Canada, or in any jurisdiction where the infringing activity occurs.
• Trade secret misappropriation — claims under Canadian trade secret and confidential information law where misappropriation of proprietary methodology is established, including claims for both compensatory and punitive damages where available.
• International enforcement — enforcement actions in any jurisdiction where infringing activity is identified, utilising the Berne Convention, TRIPS, and applicable bilateral and multilateral IP enforcement mechanisms.
• Recovery of legal costs — where permitted by applicable law, we will seek recovery of all legal fees, investigation costs, and enforcement expenses from liable parties.

All rights and remedies are cumulative. The exercise of any one remedy does not waive or preclude the exercise of any other. Our failure to enforce any provision of these Terms on any occasion shall not constitute a waiver of our rights.

Disclaimers & Financial Risk Warning

All Products and coaching services are provided for educational purposes only. Nothing on chartwhisperer.ca or in any Product or coaching session constitutes financial advice, investment advice, or a specific recommendation to enter or exit any trade, position, or investment.

Past performance of any trading system, including the CAP Framework, is not indicative of future results. Markets are dynamic, unpredictable, and subject to conditions outside any system's scope. The Chart Whisperer makes no representation or warranty regarding the profitability, accuracy, or completeness of any methodology, analysis, or framework.

You are solely responsible for your own trading decisions, position sizing, risk management, and financial outcomes. You should never commit capital you cannot afford to lose and should seek independent regulated financial advice before making investment decisions.

All content is provided "as is" without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

Limitation of Liability

To the maximum extent permitted by applicable law, The Chart Whisperer, its owner, and its associates shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or relating to these Terms or your use of any Product, including but not limited to: trading losses, loss of profits, loss of capital, loss of data, loss of goodwill, or any other tangible or intangible losses.

Our total aggregate liability to you for any claim arising from or relating to these Terms or any Product shall not exceed the amount you paid for the relevant Product in the twelve (12) months immediately preceding the claim.

Some jurisdictions do not permit certain exclusions of liability. In those jurisdictions, liability is limited to the greatest extent permitted by applicable law.

Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to choice of law or conflict of law principles.

Any dispute arising from or relating to these Terms, the Site, or any Product shall be subject to the exclusive jurisdiction of the courts of British Columbia, Canada. You irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue in British Columbia.

Nothing in this Section limits our right to seek urgent injunctive or other equitable relief in any jurisdiction in which you are located or in which infringing activity is occurring, without the necessity of posting bond or other security.

Modifications to These Terms

We reserve the right to modify these Terms at any time. The current version will always be available at chartwhisperer.ca/terms. The "Last Updated" date at the top of this page will reflect the most recent revision.

Your continued use of the Site or any Product following the posting of revised Terms constitutes acceptance of the updated Terms. For material changes affecting licence scope or enforcement provisions, we will make reasonable efforts to notify active customers by email. It remains your responsibility to review these Terms periodically.

Contact

For questions regarding these Terms, licensing enquiries, DMCA correspondence, IP-related matters, or enforcement notices, contact us at:

The Chart Whisperer
Email: [email protected]
Website: chartwhisperer.ca
X / Twitter: @TCW_CAP

We aim to respond to all legal and compliance correspondence within 5 business days.