Terms of Service

These Terms cover your commercial relationship with us: who you are contracting with, your account, your subscription, billing, cancellation, liability, governing law, and disputes. Clause 3 explains how the five Zenk documents fit together and which document governs each subject.

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1. Who you are contracting with

Your agreement is with XKC Trading FZ-LLC, a company registered with RAKEZ (the Ras Al Khaimah Economic Zone) in Ras Al Khaimah, United Arab Emirates, under licence number 47012178.

In these Terms, "we," "us," and "our" mean XKC Trading FZ-LLC. "You" means the person who accepts these Terms and holds the Zenk subscription.

Our address is:

XKC Trading FZ-LLC FDCW1185, Compass Building, Al Shohada Road, Al Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates

You can reach us at support@zenktrading.com, or by telephone at +1 281 800 9865. We handle support by email. Calls reach recorded voicemail. For a reply, please email support@zenktrading.com.

© XKC Trading FZ-LLC. All rights reserved.

2. What Zenk is

Zenk is the brand name our products are supplied under. Zenk is not the contracting party.

There are two Zenk products: Zenk Risk and Zenk Guard. Both are Windows plugin components that run inside ATAS. For V1, ATAS on Windows is the only supported environment. Clause 9 of the Software Licence Agreement states which versions of ATAS and of Windows are supported.

You subscribe to Zenk, not to an individual product or component. There are two plans, Zenk Core and Zenk Complete. Every plan covers both products.

The Calendar, Daily Journal and Weekly Review (together, the Journal) run on the Zenk website. They are not installed on your computer and do not run inside ATAS. The Journal is included in Zenk Complete only.

Zenk is a trading tool.

3. These documents and how they fit together

Your agreement with us is made up of five separately versioned documents:

1. these Terms of Service;
2. the Software Licence Agreement;
3. the Trading and Software Risk Disclosure;
4. the Privacy Policy; and
5. the Refund Policy.

All five form part of your agreement. One acceptance at checkout covers all five together. When you accept them, we record the version of each document you were shown and accepted.

The Trading and Software Risk Disclosure is a separate, short document written in plain language. It is deliberately not folded into these Terms.

Which document governs which subject

Where these Terms and a specialist document genuinely conflict about that specialist document's subject, the specialist document governs that subject.

The limitation of liability in clause 24, the rights that cannot be limited in clause 25, and the governing-law and dispute rules in clause 27 are governed by these Terms alone.

The Trading and Software Risk Disclosure explains risk. It does not create or remove an obligation and does not govern any subject.

On a genuine conflict with no subject-matter owner above, these Terms govern.

4. Who may use Zenk

You can hold a Zenk subscription if you are at least 18, or at least the age of majority where you live if that is higher.

The age of majority is not 18 everywhere. Where the place you live sets a higher age, that higher age is the one that applies to you.

4A. Your country of residence

At checkout you select the country where you live and confirm that you live there. It must be your true country of residence: the country where you actually and usually live. We offer Zenk only to people who live in a country we offer at checkout, and we rely on your confirmation to decide whether we can supply you and which laws and taxes apply.

Giving a country you do not live in is a material breach of this agreement.

If we have reason to doubt it. If we have reasonable grounds to believe that you do not live in the country you gave, we may ask you by email to show where you live, for example with a recent document that shows your name and address. You may hide anything on it that we do not need. We may suspend your access under clause 19 from the time we ask until you show it.

If it is not true. If we verify that you did not live in the country you gave when you subscribed, or you do not show where you live within 14 days of our request, we may end your subscription with immediate effect as an exceptional action under clause 19, and clause 21 applies. Clause 9A of the Refund Policy states that no payment is then refunded, except a refund the law that applies to you requires. We may also refuse a new subscription from you.

An honest mistake, or a move. If you gave the wrong country by mistake, or you later move, tell us at support@zenktrading.com. If you live in a country we offer, we correct the record. If you do not, your subscription does not renew and ends at your paid-through date, unless a restriction under clause 28 requires us to end it sooner. That is not a breach, and clause 9A of the Refund Policy does not apply to it.

Costs caused by a false country. If you give a country that you know is not where you live, you are responsible for the reasonable costs we directly incur because of it, such as tax, interest and penalties assessed on us that we would not have owed had you given your true country, and we may recover them from you, to the extent the law that applies allows. This covers nothing else. Clause 25 applies.

5. Your account

You do not need a Zenk account to browse the public website. An account is created when you buy a subscription, not before.

You reach your account through a sign-in link sent to the email address you gave us. Your account is where your licence key is shown.

Activating the software with that licence key is separate from signing in to your account. Software activation is governed by clause 5 of the Software Licence Agreement.

6. Keeping your account secure

Account access is through a sign-in link sent to your email address. There is no password login inside ATAS.

Access to that email inbox may allow access to your Zenk account. If you lose access to the inbox or believe someone else can access it, Support is available at support@zenktrading.com.

7. How a subscription is formed

Before payment, the five documents listed in clause 3 are clearly presented by name and link, with one box that is not ticked in advance. The box shows the monthly price of the plan you chose. For Zenk Core it reads:

I agree to the Terms of Service, Software Licence Agreement, Trading and Software Risk Disclosure, Privacy Policy and Refund Policy, and I expressly consent to Zenk starting immediately after purchase. Where applicable, I acknowledge that my right of withdrawal ends when my subscription begins. I understand that my subscription renews automatically every month at $19.99 USD plus any applicable tax, with the total shown before I pay, until I cancel, and that I can cancel at any time in my Zenk account. The price can change only after notice, as the Terms of Service explain.

For Zenk Complete it reads the same, with $29.99 USD in place of $19.99 USD.

By ticking it you accept all five documents together and, in the same statement, expressly consent to us starting your subscription immediately after purchase. If the law where you live gives you a right to cancel this purchase within a cooling-off period: where that law provides that the right to cancel ends once supply has begun, it ends when your subscription begins; where that law instead lets you cancel but pay for what you have received, you will pay for the part supplied before you cancel.

We record that you ticked the box, with the version of its wording and the plan and the exact price shown in it, and your welcome email confirms the consent and acknowledgement in it. Ticking it does not change how you cancel your subscription (clause 14).

Your subscription is formed when that acceptance is recorded and the purchase completes. We record the acceptance together with the version of each document you were shown.

A pending acceptance record created before the purchase completes does not count as accepted unless and until the purchase completes.

Apart from that box, there is no other acceptance step. Nothing inside ATAS, Zenk Risk, or Zenk Guard asks you to accept these documents again. A passive link to view the documents may appear for reference, but opening or ignoring it creates no acceptance event.

Your subscription is a recurring monthly subscription. Clause 10 covers renewal.

8. What your subscription includes

Your Zenk subscription includes:

• Zenk Risk and Zenk Guard;
• the updates we release for those products while your paid access remains active; and
• Support.

Zenk Complete also includes the Journal.

Zenk is a paid subscription. There is no free trial.

9. Price and currency

Zenk Core costs $19.99 USD per month and Zenk Complete costs $29.99 USD per month, before any applicable tax. Where tax applies, it is added to that price. Where the law requires prices to be shown including tax, the price we show includes it. Either way, the total you will pay is shown at checkout before you pay.

Prices are stated and charged in US dollars. We do not commit to offering checkout in another currency.

9A. Changing your plan

You can change plans from your Zenk account.

From Zenk Core to Zenk Complete. We charge the price difference for the rest of your current billing period. Your access to the Journal starts as soon as that payment succeeds. If it does not succeed, you stay on Zenk Core. From your next renewal you pay the Zenk Complete price.

From Zenk Complete to Zenk Core. The change takes effect at the end of your current paid billing period. Until then your access to the Journal continues. From your next renewal you pay the Zenk Core price. Clause 21 states what happens to your Journal.

10. Recurring billing and renewal

Your Zenk subscription is billed monthly and renews automatically each month until it is cancelled under clause 14 or otherwise ends under these Terms.

10A. If a renewal payment does not succeed

Your paid access runs to your paid-through date. If the payment for the next period does not succeed, your paid access ends after the paid-through date and clause 21 applies. A payment that has merely failed does not end your access before that date.

If a payment for the next period later succeeds while your subscription is still open and the period it covers is still running, your paid access starts again for that period. The time between the paid-through date and that payment is not extended, credited, or refunded; clause 8A of the Refund Policy states this.

If your subscription has already ended, or the period that payment would cover has already passed, the payment cannot restore access; we refund it in full under clause 7B of the Refund Policy.

11. How payments are processed

Payments for your Zenk subscription are processed by Stripe, a third-party payment and billing provider. You pay through Stripe's checkout when you subscribe, and your monthly renewal payments under clause 10 are charged through Stripe. The billing page you reach from your Zenk account is also provided by Stripe.

Stripe is one of the third-party providers described in clause 17. We do not own or control it.

Payment information is covered by clause 5 of the Privacy Policy, not by these Terms.

12. [Intentionally omitted.]

13A. [Intentionally omitted.]

13B. Changes to the price

If we change the price of an existing subscription, we will give you at least 30 days' notice before the new price applies. The notice will explain how to cancel.

14. Cancelling your subscription

You can cancel your Zenk subscription at any time from your Zenk account.

Cancellation is not immediate termination. Your subscription and access continue through the end of the period you have already paid for. That date is your paid-through date.

Until the paid-through date, your paid access to both products, your access to the Journal if your plan includes it, and your download access continue. On the paid-through date, the subscription ends, does not renew, and clause 21 applies.

Cancelling stops the next renewal. Cancelling is not the same as a refund and does not itself create one. Refunds are covered by clause 15.

15. Refunds

Refund eligibility, the refund request process, and the consequences of a refund are governed by the Refund Policy.

16. Acceptable use of your account

Your Zenk account and subscription are for you, as one trader. Sharing your account access or your licence with another person may end your access.

You may use Zenk for your own trading, including through a personal account, a prop-firm account, or a funded account. These Terms do not restrict use solely because of the type of trading account involved.

The computer-activation and transfer rules are stated in the Software Licence Agreement.

17. Services Zenk depends on

Zenk depends on third-party services, systems, and infrastructure that we do not own or control. These include:

• ATAS, the third-party platform the Zenk products run inside;
• your broker, the exchange your orders reach, your computer, and your internet connection; and
• providers for payment and billing, licensing, account infrastructure and download storage, transactional email, website hosting, DNS, business email, and telephone voicemail.

Zenk does not block, intercept, disable, or degrade ATAS's native order and position controls.

That statement concerns Zenk's own non-interference. It does not promise that ATAS, your broker, the exchange, your computer, or your connection will be available or working.

18. Availability of the service

Zenk Risk and Zenk Guard are desktop software installed on your computer and run inside ATAS. The Journal runs on the Zenk website.

These Terms state no uptime target and create no service-level commitment for availability. Clause 23 states the service disclaimers that apply.

19. Suspension and termination by Zenk

Your paid access ends on period-end expiry, non-payment under clause 10A, a confirmed refund, a confirmed statutory withdrawal, a confirmed chargeback, or a confirmed suspension. Confirmed is meant literally: an alleged, pending, or disputed event is not a confirmed one.

A suspension can be reversed.

Separately from those six causes, we may suspend or end access through an authorised and audited exceptional action based on verified fraud, abuse, dangerous misuse, or legal or security grounds. The action may apply to the whole subscription or to one product.

We may also decide not to renew your subscription. You are then not charged for the next period. Your paid access continues through your paid-through date; on that date the subscription ends and clause 21 applies.

While a suspension or an exceptional action applies to your whole subscription, we stop collecting payment for a next period. If a payment for a next period is still taken, we refund it in full under clause 7B of the Refund Policy.

A decision not to renew, a suspension, or an exceptional action does not itself create a refund. Refunds are covered by clause 15.

Customer-facing wording about an exceptional action remains factual and neutral. The system does not automatically present the underlying cause as an accusation.

Clause 21 explains the customer-facing consequences when access ends.

20. Ending the agreement yourself

You end this agreement by cancelling your subscription under clause 14.

21. What happens when access ends

When paid access ends under clause 19, then for the affected product:

• the product fully disables;
• download access for that product is removed;
• there is no continuing right to download or re-download it, including versions downloaded before; and
• files already stored on your computer are not remotely deleted, but they provide no operational Zenk functionality without valid access.

Fully disabled means the affected Zenk product starts nothing new, and its controls are off.

When disabled, Zenk Guard stops enforcing its trading rules and protections.

Zenk Risk has one exception. If a Zenk Risk order or action was already under way when access ended, Zenk Risk may finish only that — and only while Zenk Risk stays started on that chart and ATAS stays open.

An entry order sent before access ended can still fill later, however long that takes. If Zenk Risk is still running on that chart and ATAS stays open, it may attempt to place the stop and target, but successful placement is not guaranteed. If you stop or remove Zenk Risk, or close ATAS, before the order fills, it can fill without a stop or target.

Apart from that, Zenk will not manage, cancel, close, flatten, protect, block, or modify any position or order.

There is no partial mode and no safety behaviour that keeps running. Finishing an action already under way is not protection, and you must not rely on it.

If you have an open position or a working order when access ends, check both in ATAS and manage them with ATAS's native controls.

The Journal. When your access to the Journal ends, because your paid access ends under clause 19 or because you change to Zenk Core under clause 9A, your Journal is locked, not deleted. It is there again if you come back to Zenk Complete. If you want it deleted, email support@zenktrading.com. Clauses 16 and 17 of the Privacy Policy state how long we keep your data and how we delete it.

Clauses 16 and 17 of the Software Licence Agreement state the download and no-re-download rules. This clause states their commercial consequences for your subscription.

22. Your responsibility as a trader

You make your own trading decisions. You choose Zenk's settings and remain responsible for those choices, and for monitoring your trading account, every order and position in it, and any action Zenk Risk or Zenk Guard takes automatically, in ATAS. Zenk is not a broker and does not give investment advice.

This clause does not make you responsible for a defect in Zenk itself, but you remain responsible for monitoring your trading account as described above. Clause 28A of the Software Licence Agreement and clause 7D of the Refund Policy state what we do then, and clause 25 applies.

Your responsibilities as a trader, and the trading and software risks connected with using Zenk, are explained in the Trading and Software Risk Disclosure.

23. Service disclaimers

To the maximum extent permitted by law, we do not guarantee that Zenk's service components — including the website, account, downloads, Zenk Updater, licensing connection, and Support — will be uninterrupted or error-free.

Software-specific warranties are addressed in clause 28 of the Software Licence Agreement, and what we do when the Software has a defect in clause 28A of that Agreement. Trading and software risks are addressed in the Trading and Software Risk Disclosure.

A disclaimer in this clause does not repair, change, or override a specific representation made elsewhere in the Zenk legal documents. A misleading statement must be corrected at its source.

24. Limitation of liability

To the maximum extent permitted by law, the total aggregate liability of XKC Trading FZ-LLC arising out of or in connection with Zenk and this agreement is limited to the total amount you paid XKC Trading FZ-LLC for Zenk in the 12 months before the claim.

This is one aggregate cap for all claims combined, not a separate cap for each claim.

To the maximum extent permitted by law, we are not liable for indirect or consequential loss. We are also not liable for loss to the extent it is caused by market movements, by your own trading decisions or settings, or by the failure or unavailability of ATAS, your broker, the exchange, your computer, or your internet connection, rather than by a defect in Zenk or our breach of this agreement.

Clause 25 applies to this clause and limits it.

A refund under clause 7D of the Refund Policy, for a defect we did not correct in time, is not reduced by this clause.

25. Rights that cannot be limited

Some rights cannot legally be excluded or limited. Consumer-protection law where you live may give you rights that apply whatever this agreement says.

Nothing in these Terms, and nothing in any other Zenk document, excludes or limits any liability, right, remedy, or forum right that cannot legally be excluded or limited.

Where a limit in these Terms goes further than the law allows, it applies only as far as the law allows. The rest of the agreement continues to apply.

Nothing in these Terms stops you from bringing a claim.

26. Indemnity

There is no customer indemnity clause in these Terms. You do not indemnify XKC Trading FZ-LLC. Clause 4A states the costs you are responsible for if you give a country of residence that you know is false. That is a responsibility for your own false statement, not an indemnity.

27. Governing law and disputes

These Terms and your agreement with us are governed by the laws of the United Arab Emirates.

Disputes are subject to the courts of Ras Al Khaimah, United Arab Emirates.

This does not remove any mandatory right or protection that applies to you, including any mandatory right to bring proceedings in another forum. Clause 25 applies.

28. Where Zenk is available

Zenk is offered wherever payment and the service are operationally available to us.

That availability remains subject to applicable sanctions, export-control restrictions, prohibited-person restrictions, and other legal restrictions. Where such a restriction applies, we cannot supply Zenk to the affected place or person, whatever a payment page appears to allow.

These Terms do not publish a fixed country list. The countries we offer are the ones you can select at checkout, and clause 4A applies to the country you select.

29. Notices

We send notices under these Terms at least by email to the email address associated with your Zenk account.

You may contact us at support@zenktrading.com.

30. Changes to these Terms

We may change these Terms. Each version is separately identified, and the version you accepted is recorded.

Before a material change takes effect, we will give you notice by email and in your Zenk account, at least 30 days before it takes effect. If you do not want to continue under the changed Terms, you can cancel your subscription under clause 14.

We will request explicit re-acceptance only where it is legally required or materially necessary. Otherwise, notice and versioning apply.

Continued use is not treated as blanket acceptance of every change.

A change does not apply retroactively and does not affect rights that accrued before it took effect.

31. Assignment

Transfer by you. This agreement is personal to you. You cannot transfer this agreement, or your Zenk subscription, to another person. The licence side of this is stated in clause 12 of the Software Licence Agreement.

Moving an activation between your own computers is a different subject and is not affected by this clause. It is governed by clause 6 of the Software Licence Agreement.

Assignment by us. We may transfer this agreement to another company only as part of a genuine sale, merger, restructuring, or transfer of our business or the relevant assets. If we do, we will give you notice under clause 29.

That is the only circumstance in which we may transfer this agreement.

32. General terms

Severability. If part of these Terms is held invalid or unenforceable, that part applies only as far as the law allows, and the remaining provisions continue to apply. This does not narrow clause 25 or any mandatory right.

No waiver. A delay or failure by either party to enforce a provision does not waive that provision or a later right to enforce it.

Entire agreement. The five documents listed in clause 3 form the entire agreement between you and XKC Trading FZ-LLC about Zenk and the subjects those documents govern.

33A. Support

Support is included in your Zenk subscription.

The Support channel is support@zenktrading.com.

Complaints. To make a complaint, email support@zenktrading.com with "Complaint" in the subject line. This address receives complaints at any time. We reply in the same email thread. To follow up on a complaint, reply in that thread.

33B. Support response times

These Terms state no Support response time and create no service-level commitment for Support.

Clause 28A of the Software Licence Agreement states a time limit for correcting a defect in the Software. That is a commitment about the Software, not a Support response time.

34. Language

The five Zenk documents listed in clause 3 are written in English, and Support is provided in English.

These documents are not currently published in any other language.

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XKC Trading FZ-LLC FDCW1185, Compass Building, Al Shohada Road, Al Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates support@zenktrading.com · +1 281 800 9865