LICENSING AGREEMENT

Koalla.tech provides signal/indicator software based on a computerized system. All customers receive the same signals/indicators within any given subscription package. All advice is impersonal and not tailored to any specific individual’s unique situation.

Koalla.tech and its principles are not required to register with the NFA as a CTA and are publicly claiming this exemption via this website. Koalla.tech is not governed by any regulatory agencies. The information posted online or distributed through email has NOT been reviewed by any government agencies — this includes but is not limited to back-tested reports, statements and any other marketing materials. For more information on the exemption we are claiming, please visit the NFA website: http://www.nfa.futures.org/nfa-registration/cta/index.html.

CFTC EXEMPTION: RULE 4.41 AND RULES 4.14

Koalla.tech abides by CFTC RULE 4.41 and presents disclaimers clearly on on our website.

CFTC RULE 4.41

Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs, in general, are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown.

CFTC RULE 4.14(1)(9)

Koalla.tech is exempt from CTA registration as CFTC rules 4.14 applies. CFTC Rule 4.14(a)(9) exempts from registration if the entity does not engage in any of these activities: (1) Directing client accounts; or (2) Providing commodity trading advice based on, or tailored to, the commodity interest or cash market positions or other circumstances or characteristics of clients.

OTHER EXEMPTIONS ALSO APPLICABLE – As quoted from the CFTC website, not all ‘commodity trading systems’ require registration, where commodity trading systems are defined as the following:

1. Computer programs that signal when to buy and sell commodity futures and options contracts
2. Signals are based on mathematical formulas and are typically technical analyses of trading data, such as trading volume and prices
3. Signals are not based upon fundamental analyses of economic factors, such as supply and demand

Technical analysis attempts to predict future price movements based on historical prices, price relationships and price trend.

NFA registration exemption

Koalla.tech is claiming exemption from NFA registration based on the following exemptions:

Exemptions: You make recommendations, such as advice to buy or sell specific futures contracts should a particular price level be reached, through newsletters, books and periodicals. The advice includes specific recommendations and the recipients of publications all receive the same advice.

This exemption applies to Koalla.tech. We provide systems signals/indicators based on back-tests demonstrating hypothetical performance.

Exemptions: You conduct seminars at which you teach attendees how to trade commodity futures contracts aided by a software program that you sell and you invite seminar attendees to participate in a question-and-answer session at which you provide commodity trading advice without asking or receiving information about the personal characteristics of the attendees.

Koalla.tech does not conduct seminars but if they did all advice would be impersonal.

Execution is done via Interactive Brokers, a NFA member firm. NFA Member firms offer trade execution services for subscribers of Koalla.tech strategies and trade signals/indicators who use these computerized trading systems.

Koalla.tech is a third-party trading system developer (“third-party system developers”), who are neither NFA members nor registered with the CFTC due to exemptions. The NFA Member or FCM Broker must make their own agreement with their clients. In these situations, typically the customer will execute a Letter of Direction that directs the Member to place trades for the customer in strict accordance with the signals/indicators generated by the trading system. In some cases, the Letter of Direction is more limited and includes instructions to follow only certain signals (e.g., signals in given contracts or signals that meet particular parameters). In almost all cases in which a Letter of Direction is used, the Member is not permitted to use any judgment when placing orders for the customer.

Koalla.tech does not direct client accounts. As defined by Commission Rule 4.10(f):

“Direct, as used in the context of trading commodity interest accounts, refers to agreements whereby a person is authorized to cause transactions to be effected for a client’s commodity interest account without the client’s specific authorization.”

Any agreement authorizing a person to direct a client’s account would be with the executing firm /CTA /broker /FCM /introducing broker and Koalla.tech is not privy to this information nor plays any role in execution.

It is entirely the client/subscriber’s duty and due diligence to trade the signals risk appropriately. We do not have any control over your account as Client/subscriber is using their own brokerage account – we can simply offer the same education and guidance to all clients/subscribers based on historical performance examples – advice is not tailored to a specific client/subscriber.

Client/subscribers can adjust their position/unit/contract size at any time and should actively monitor their potential risk on each trade. The signals/indicators will only have stops and targets but cannot control overall exposure or excessive risk-taking due to client/subscriber trading excessive position/unit/contract size.

Koalla.tech takes no fee or profits from referring client/subscribers to use executing firm/CTA/broker/FCM/introducing broker. Koalla.tech receives no commissions or gains and no monetary value from referring client/subscribers to use executing firm /CTA /broker /FCM /introducing broker.

Koalla.tech operates an annual maintenance fee subscription plan which is considered a payment for the use of our signal/indicator software. This fee is a maintenance fee for the upkeep of the software and costs for subscription including admin, technical, hardware, software, development related costs with Koalla.tech signal/indicator software.  The fee also takes into account the trading capacity of the signals. The model is intended to give maximum benefit to clients/subscribers.

Koalla.tech has zero control over Client/Subscribers accounts. Therefore, Client/Subscribers can discontinue their subscription at any time, Client/Subscribers can turn signal/indicators off at any time. Koalla.tech has no control over a client’s/subscriber’s level of risk or units/contracts they trade based on their subscription. Koalla.tech’s advice on risk levels and units/contracts traded is impersonal and only hypothetical computer-generated back-test reports indicate what may be required. At no point does Koalla.tech dictate a Client/Subscribers units or contracts to trade.

Prices are subject to change without notice, and all license fees are non-refundable. The maintenance lease period is offered monthly and annually. On the last trading day of your lease-period expiration, the client/subscriber will be sent, via email, the invoice for the annual maintenance fee amount to be paid for the following year. It is at this point the client/subscriber indicate whether they will pay the maintenance fee and continue their subscription or discontinue and cancel.  The client/subscriber will have seven days to make the maintenance fee payment, failure to do so will result in termination of the lease agreement and subscription.  At no point is the maintenance fee deducted automatically from a client/subscribers account. Koalla.tech has no recurring payment methods employed; Koalla.tech has no access to client/subscriber accounts. The initial setup fee is non-refundable.

Koalla.tech can and does change its subscription plan as any business to maximize utility and value. Koalla.tech can change its ongoing subscription plans at any time without warning.

Koalla.tech subscription is entirely separate from executing firm/CTA/broker/FCM/introducing broker/Software Provider and all subscriptions correspondence is directly between client/subscriber and Koalla.tech. Executing firm/CTA/broker/FCM/introducing broker/Software Provider is not privy to Koalla.tech subscription nor is compensated in any way.

Unless expressly stated otherwise, all returns, videos, and other data compilations or presentations posted on this web site derive exclusively from back-tested results and reflect hypothetical performance. 

Hypothetical performance results have many limitations only some of which are described here. Koalla.tech does not represent and expressly disclaim all representations, warrangies, guarantees or assurances of any kind that any subscriber’s investment results will or are likely to achieve profits or losses identical or similar to those shown. There frequently are sharp differences between hypothetical and actual results. Hypothetical trading does not involve financial risk and cannot account for the impact of financial risk in actual trading. There are many factors related to markets that are outside the reach of hypothetical trading, that hypothetical trading cannot control or account for, and that may affect actual trading adversely. 

• You understand that Koalla.tech is not a financial advisor and cannot offer personalized advice
• You understand that you are purchasing a product from Koalla.tech which consists of a subscription to the koalla.tech trading systems signal/indicator software package.
• You understand that the results represented are back-tested and past results are no guarantee of future results. 
• You understand that you are using a third-party software to forward the signals to your brokerage account and that koalla.tech does not have discretionary trading authority over your account. 
• You understand that it is your decision alone whether to use the koalla.tech autonomous trading systems signals/indicators to place live/sim trades or follow signals/indicators in your own brokerage account and you have the freedom to stop using these systems at any time you choose to do so.
• You understand that there are no refunds once the server has been set up and system signals/indicators have been installed and set up on my compatible trading platform.
• You have read, understood and agree to the terms and conditions of the koalla.tech Licensing Agreement