XBreakout Terms of Service

Last updated: 7 September 2026

These Terms of Service ("Terms") govern your access to and use of the XBreakout marketing website at https://xbreakout.com, the XBreakout web application at https://app.xbreakout.com, and all related features (together, the "Service"). By creating an account, clicking to accept, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Please read these Terms alongside our Privacy Policy and our Risk Disclaimer, which are incorporated into these Terms by reference.

1. Who we are and how to contact us

The Service is operated by [ FILL IN: your legal entity / name ], a [ FILL IN: entity type (e.g. sole proprietor) ] established in Sri Lanka, with its registered place of business at [ FILL IN: your business address ]. Where applicable, our registration number is [ FILL IN: registration number ] and our VAT/tax number is [ FILL IN: VAT / tax number ]. In these Terms, "XBreakout", "we", "us" and "our" refer to that entity.

You can reach us for general and legal enquiries at [ FILL IN: support email ], and for privacy and data-protection matters at [ FILL IN: privacy email ]. We aim to respond to all messages within a reasonable time.

2. Eligibility and minimum age

You must be at least 18 years old to create an account or use the Service. By using the Service you represent and warrant that you are 18 or older, that you have the legal capacity to enter into these Terms, and that your use of the Service does not violate any law that applies to you.

The Service is offered in English with USD pricing and is intended for a global audience of adult traders. You are responsible for ensuring that your use of the Service is lawful in your own country and jurisdiction. If we learn that an account belongs to a person under 18, we may suspend or close it.

3. Your account, licence to use the software, and account rules

To use the application you create an account with an email address and password through our authentication provider. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Service for your own trading practice, journaling, and educational purposes.

You agree to:

• provide accurate, current and complete information when you register and keep it up to date;
• keep your password and account credentials confidential and secure, and not share them with anyone;
• maintain only one account per person, unless we agree otherwise in writing;
• be responsible for all activity that occurs under your account, and notify us promptly at [ FILL IN: support email ] if you suspect unauthorised access or any security breach.

The licence granted in this section does not transfer any ownership of the Service to you and ends automatically if these Terms terminate.

4. What the Service is — and what it is not

XBreakout is a charting, trading-plan, journaling, psychology-analytics, and paper (simulated) trading workspace for crypto and forex traders. It is a practice and education tool. In plain terms:

• All trading inside the Service is simulated. No real money is ever placed, held, transferred, or at risk through XBreakout.
• XBreakout is not a broker, exchange, dealer, custodian, money-services business, or trading venue. It executes no real-money orders and connects to no real-money execution backend.
• XBreakout is not a financial, investment, legal, or tax adviser. It provides no personalised investment advice, no trade signals, and no recommendation to buy, sell, or hold any asset.
• Charts, market data, analytics, guided plans, and any educational content are provided for information and practice only, and must not be relied on as the basis for any real-world financial decision.

Trading real financial instruments carries a high level of risk and can result in the loss of some or all of your capital. You are solely responsible for your own real-world trading decisions. For the full statement of these risks, please read our Risk Disclaimer, which forms part of these Terms.

5. Subscriptions, pricing, and billing (when paid plans launch)

Paid billing is not yet live. Until we launch paid plans, the Service is provided without charge except as separately stated to you. The terms in this section will apply from the date paid plans launch and are described here for transparency.

When paid plans launch, our intended pricing is USD $5 per month for the Basic plan, preceded by a 7-day free trial. The following terms are expected to apply:

• Free trial. Eligible new users may start a 7-day free trial. At the end of the trial, unless you cancel beforehand, your subscription is intended to continue as a paid subscription at the then-current price. We will make the trial mechanics and any payment-method requirement clear at sign-up.
• Auto-renewal. Paid subscriptions are expected to renew automatically for successive one-month periods at the then-current price until cancelled, and the payment method on file will be charged at the start of each period.
• Cancellation. You will be able to cancel at any time from your account. Cancellation stops future renewals; it takes effect at the end of the current paid period, and you keep access until then.
• Payment processing. Payments will be handled by a third-party payment processor (Stripe, and possibly a crypto-payment option). We do not store full card details ourselves. Prices are exclusive of any taxes unless stated, and you are responsible for taxes that apply to you.
• Price changes. We may change subscription prices for future billing periods and will give you advance notice as required by applicable law before a change takes effect.

Refund and cancellation entitlements, including any statutory withdrawal or cooling-off rights, are set out in our Refund & Cancellation Policy, which forms part of these Terms and which you should read together with this section.

6. Acceptable use and prohibited conduct

You agree to use the Service only for lawful purposes and in line with these Terms. You must not:

• use the Service in violation of any applicable law, regulation, or sanctions regime, or for any fraudulent, deceptive, or harmful purpose;
• copy, modify, translate, decompile, disassemble, or reverse engineer any part of the Service, or attempt to derive its source code, except to the limited extent that applicable law expressly permits despite this restriction;
• scrape, crawl, harvest, or use automated means to extract data from the Service, or place unreasonable load on our infrastructure or the third-party data providers we contact;
• resell, sublicense, rent, lease, or otherwise commercially exploit the Service or provide it to third parties as a service, without our written permission;
• circumvent, disable, or interfere with security, authentication, entitlement, or rate-limiting features, or attempt to access accounts or data that are not yours;
• upload or transmit malware, or use the Service to infringe the intellectual-property, privacy, or other rights of any person.

The marketing site's "Try it live" demo loads the application in an embedded frame only after you choose to load it; the acceptable-use rules above apply equally to any use of that demo.

7. Intellectual property and your content

Our rights. The Service, including the XBreakout software, native chart engine, user interface, design, text, graphics, logos, and the "XBreakout" name and brand, is owned by us or our licensors and is protected by intellectual-property laws. Except for the limited licence in Section 3, these Terms grant you no rights in our software or brand, and all rights we do not expressly grant are reserved.

Your content. As between you and us, you own the journal entries, trade records, trader profile, notes, and other content you create in the application ("Your Content"). You grant us a limited, worldwide, royalty-free licence to host, store, copy, process, transmit, back up, and sync Your Content solely as needed to operate, secure, and provide the Service to you, and to comply with law. This licence ends when Your Content is deleted from our systems, subject to routine backups and any retention the law requires. You are responsible for the legality of Your Content and confirm you have the rights necessary to store it in the Service.

8. Disclaimers of warranties

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not warrant that the Service will always be available, secure, or free of defects, or that it will meet your requirements.

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, right, or remedy that applies to you under mandatory consumer-protection law and cannot lawfully be excluded. Where such law applies, our liability is limited to the extent that law allows, and the disclaimers above apply only so far as they are permitted.

9. No warranty of accuracy of market data or comparisons

Charts and prices in the application are drawn using market data obtained from third-party providers (for crypto, Binance; for forex and metals, Twelve Data). This data may be delayed, incomplete, interrupted, or inaccurate, and it is provided for information and practice only. We do not warrant the accuracy, timeliness, completeness, or availability of any market data, indicator, analytic, or profile shown in the Service, and we are not responsible for decisions made in reliance on it.

Any competitor comparison, feature table, or similar statement on the marketing site reflects our good-faith understanding at the time of publication, may become out of date, and is provided for general information only, without warranty of accuracy. It is not a representation about any third party's current product.

10. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, trading or investment losses, loss of data, loss of goodwill, or business interruption, arising out of or relating to your use of, or inability to use, the Service, whether based in contract, tort, statute, or otherwise, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Service and these Terms will not exceed the greater of the amount you paid us for the Service in the twelve months before the event giving rise to the claim, or USD $50.

Because all trading in the Service is simulated, we are not responsible for any real-world trading gains or losses. This section, and Sections 8 and 9, are expressly subject to the mandatory consumer-law carve-out: nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited or excluded under the law that applies to you as a consumer.

11. Suspension and termination

You may stop using the Service at any time and may close your account from within the application or by contacting us. If you have a paid subscription, closing your account or cancelling stops future renewals as described in Section 5.

We may suspend or terminate your access, with or without notice, if you materially breach these Terms, if we reasonably believe your use is unlawful or harmful to the Service or other users, if required by law, or if we discontinue the Service. Where practicable and lawful, we will give you reasonable notice.

On termination, your licence to use the Service ends. We will handle Your Content in line with our Privacy Policy: you may export or request deletion of your data, and after account closure we delete or anonymise Your Content within a reasonable period, subject to routine backups and legal retention requirements. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and governing law) will continue to apply.

12. Changes to these Terms

We may update these Terms from time to time, for example to reflect new features, launching paid plans, or changes in law. When we make a material change, we will update the "Last updated" date and take reasonable steps to notify you, such as by posting a notice on the site or emailing the address on your account. Changes take effect when posted, or on a later date if we state one. Your continued use of the Service after changes take effect means you accept the updated Terms; if you do not agree, you should stop using the Service and may close your account.

13. Governing law and dispute resolution

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of Sri Lanka, without regard to conflict-of-laws rules. Subject to the consumer carve-out below, you and we agree to submit to the courts of Sri Lanka for the resolution of disputes.

Consumer carve-out. If you use the Service as a consumer, nothing in this section deprives you of the protection of the mandatory consumer-protection laws of the country where you live, and you may bring proceedings in the courts of your home country where the law gives you that right. Consumers in the European Union, the United Kingdom, and other jurisdictions retain any mandatory local rights and forums that apply to them.

Before starting formal proceedings, we encourage you to contact us at [ FILL IN: support email ] so we can try to resolve the matter informally. If a dispute cannot be resolved that way, you may also be able to use an alternative dispute resolution (ADR) body or complain to the competent consumer-protection or data-protection authority in your country; the availability of these routes depends on where you live.

14. Data protection

Our handling of personal data, including the sub-processors we use (our authentication and database provider in region [ FILL IN: Supabase region ], our hosting provider, market-data providers, and, when paid plans launch, our payment processor) and the transfer safeguard we rely on for personal data leaving the EU/UK (Standard Contractual Clauses (and the UK IDTA where relevant)), is described in our Privacy Policy. We comply with the Sri Lanka Personal Data Protection Act No. 9 of 2022 as our home law and, where applicable, with the EU and UK GDPR and ePrivacy rules. We do not sell your personal data and we run no advertising or tracking networks.

15. General

These Terms, together with the Privacy Policy, Risk Disclaimer, and Refund & Cancellation Policy, are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver of it. You may not assign these Terms without our consent; we may assign them to an affiliate or successor in connection with a reorganisation, merger, or sale, without reducing your rights.

This document has been prepared as an engineering and risk-management draft and is not a substitute for legal advice; you should have it reviewed by a qualified lawyer in the operator's jurisdiction before relying on it.