Terms of Service
Effective October 27, 2022
This document is an Agreement ("Agreement") between you, the user, and tradeSteward, LLC, its successors and assigns ("We" or "Us"). This document governs the use of tradeSteward ("the Service"), our representations to you, and expectations you should have by using the service. These Terms of Service ("Terms") are a legally binding agreement you are freely accepting by your acceptance and use of the service.
- Account Credentials, Who May Register
The Service is only available to users who:
- understand the substantial risk of loss from options trading and have options and margin approval from their brokerage;
- maintain a supported brokerage account in good standing and in full compliance with FINRA, SEC and Exchange and other regulations as applicable;
- are a "non-professional" trader as determined by brokerage and Exchange regulations;
- are not, and nor is any immediate family member living in the same household, a member of the board of directors, 10% shareholder, or policy-making officer of a publicly traded company;
- are not, and nor is any immediate family member living in the same household, licensed, employed by, or associated with a broker-dealer firm, a financial services regulator, securities exchange, or member of a securities exchange; and
- are above the age of majority, competent to enter in to legally binding contracts and not a conservatee under an active, court-sanctioned conservatorship.
You agree by creating an account and using this service that you are not excluded from use of this service by any of the above exclusionary groups. Further, you agree that shoould your circumstances change and you no longer qualify to use this service, you will cease use of and delete your account immediately.
The Automated Trading Service is only available to accounts that are:
- not in violation of agreements with your brokerage; and
- opened under the laws of the United States of America.
You agree that your account or accounts are one or more of the following types, and that these are the only acceptable types of accounts for use on the Service:
- Individual Accounts, titled in your name;
- Individual Retirement Accounts (IRAs), where you are the account owner;
- Joint Accounts, where you are one of the joint owners and the other joint owner or owners consent(s) to your use of our service; or
- Custodial Accounts, where you are the custodian.
You agree to provide and maintain a valid email address and phone number in your Account Settings so that We may contact you as soon as possible to alert you of issues with your account or the Service.
You agree that you will not share your account credentials, including the email address used to create your account and password, except with the joint owner or owners of a jointly titled account, with anyone for any reason. You further agree to safeguard your password and, in the event of it becoming compromised in any way, to change it immediately and notify the Service using Contact Support on the Service's Website or by emailing firstname.lastname@example.org so that We may take further steps to secure your account. You agree that should you share your account credentials in violation of this agreement, you agree to fully idemnify and hold harmless the Service for any actions that occur without your authorization. You agree to use a password not used on other Websites, and you further agree to alert Us and your brokerage immediately should you suspect fraud or trading irregularities within your linked brokerage account or accounts. The Service requires high-security passwords and offers two-factor authentication using our preferred method, an RFC-6238 HMAC compliant one-time password system, or via a random code sent to your registered email address. While your use of these services is optional, the Service strongly encourages you to enroll in one of these two methods. Should you choose not to enroll, you understand and agree that you have affirmatively decided to not take all available measures to keep your account secure and agree to hold harmless and idemnify the Service should your credentials become compromised.
- Account Suspension, Deletion and Termination
We reserve the right to modify the Service or to suspend or stop providing all or portions of the Service at any time. You also have the right to stop using the Service at any time. We are not responsible for any loss or harm related to your inability to access or use the Service. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement, including refunds for unused subscription time.
We reserve the right to terminate your account at any time for any or no reason in our sole discretion. Should We, in our sole discretion, determine that you have violated the Terms, We will suspend, terminate and delete your account and you agree that, due to your violations of the Terms, you will not be entitled to any refund.
You may suspend, terminate, delete or otherwise close your account at any time. You understand and agree that any subscription period you have paid for will continue to run untolled during any period of suspension, deletion or termination. You further agree that since your subscription period will continue uninterrupted regardless of your decision to suspend, terminate, delete or otherwise close your account, you will not be entitled to any refund for any subscription period remaining after your voluntary suspension, termination, deletion or otherwise closure of your account.
The Service will continue to maintain your data after the conclusion of your paid subscription period for thirty (30) days, after which it is subject to being deleted at any time and may not be recoverable after this time. Any account suspended, deleted, terminated or otherwise closed by Us for violations of the Terms may have its data deleted at any time, notwithstanding any paid subscription period remaining.
- Acceptable Use
Unless otherwise specified, the Service are for your personal and non-commercial use only. You will not violate any applicable law, contract, intellectual property right or third party right or commit a tort while using the Service, and you are solely responsible for your conduct while using the Service. By way of example, and not as a limitation, you agree that when using the Service, you will not:
- use or attempt to use another’s account;
- provide another person with your account credentials or allow another person to access your account;
- sell, resell, or commercially use the Service;
- modify the Service, remove any proprietary rights, notices, or markings, or otherwise make any derivative works based on the Service;
- reverse engineer any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service;
- develop or use any applications that interact with the Service without our prior written consent;
- use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates the Terms;
- probe, scan or test the vulnerability of the Service, or breach the security or authentication measures of the Service, including any component of or any network connected to the Service;
- installing, embedding, uploading, or otherwise incorporating any malware into or via the Service;
- using the Service or the technical infrastructure in an abusive, excessive, or otherwise inappropriate way;
- attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on the Service;
- use any automated process to extract, harvest or scrape information, data, or content from the Service;
- except as expressly set forth in the Service, may not copy, download, share, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on the Service, nor allow any third party to do so through your or their device, even without your knowledge;
- use the Service in such excessive manner that it is detrimental to other users of the service;
- register or using the Service in order to promote, sell, or advertise products or services of any kind in any way without our express written consent; and
- indicate or try to imply in any manner, that We have endorsed you, your products, or services or any third party’s products and services for any purpose.
In the event We determine that your usage of the Service is excessive in relation to other users of the Service, we reserve the right - with or without notice to you - to reduce or limit your consumption or usage of the Service in order to reduce your excessive use of the Service. You understand and agree that tradeSteward may take this action in its sole discretion as excessive use is harmful to the Service.
- Subscription Payment, Fees, Payment Method
To the extent you elect to subscribe to the Service at a level that requires a payment, you will be required to use the services of our selected third party payment processor and provide a method of payment that they accept. You warrant and agree that any payment method you provide to the third party payment processor will be one of which you are either an owner or authorized user of the account. You agree to hold tradeSteward, LLC, its successors and assigns, harmless for your use of any payment method of which you are not authorized.
To the extent you select a subscription period that automatically renews, you must cancel the renewal of the service prior to the cutoff period prescribed by the third party payment processor in order to avoid be charged for the renewal.
You must notify Us, in writing via email to email@example.com, of any charges you dispute within thirty days of the transaction date.
Charges and subscription fees are final and non-refundable, except in the event We elect to terminate, suspened, delete or otherwise close your account except in the case that We, in our sole discretion, determine you have violated the Terms.
- ADDITIONAL RISKS OF USING AN AUTOMATED TRADER SERVICE
To the extent that you subscribe and use our Automated Trading Service, the following section applies. You understand that there are additional risks posed by the use of any automated trading service to place and execute trades without user intervention and approval of every trade. You understand and agree that you have been made aware of these risks and your use of the Service constitutes that you agree that We will not be held liable in the event of any loss, financial or otherwise, as a result of using, failure of, or improper performance by the Service.
While we make every effort to provide a high-quality, technically accurate service, there are additional risks. Examples of additional risks from the use of any Automated Trader Service include, but are not limited to:
- trading malfunctions due to an error by the Service, the brokerage, or any exchange the brokerage sends an order for your account to;
- outages of the Service, the link we use to communicate with your brokerage, or the brokerage's ability to execute trades;
- delays in the transmission of data to the Service, from the Service, to your brokerage and from your brokerage;
- an undetected position error in your brokerage account that causes a trading malfaunction;
- the failure of an order to send or execute in a timely manner, whether or not as a result of unusual market conditions; and
- general outage of the Service or any of our providers and suppliers.
By your use of the service, you understand and agree that you will actively monitor your brokerage account at all times to ensure that trades being placed by the Automated Trader Service are implementing the strategies you have defined. We will not be responsible in any way for your failure to actively monitor your brokerage account. You agree to hold Us harmless and fully idemnify Us in the event of any loss, financial or otherwise, from your use of the service. You understand and agree that the fullest extent of our liability will be, at a maximum, any subscription fee paid for your use of the service in the service period.
In the event you discover a trading malfunction, you agree to notify Us as soon as possible via email to firstname.lastname@example.org.
- WE DO NOT, AND NOR DOES THE SERVICE, PROVIDE INVESTMENT ADVICE
Under no circumstances do We provide investment advice. We strongly encourage you to solicit professional investment, accounting, tax and legal advice prior to making any investment or trading decisions. Nothing We provide, display, list, or publish by Us on the Service website or within the Service should be considered investment advice.
You may lose money from your use of the Service. Past performance is not an indicator of future results. Options carry substantial additional risk of loss, and your use of the Service affirms that you understand the risks of options.
Your use of the service indicates you have read and understand the document Characteristics and Risks of Standardized Options" as published by the Options Clearing Corporation.
- Ownership of Content, Data; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in the Terms, all rights in and to the Service are reserved by us or our licensors. Subject to your compliance with the Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Service for your own personal, noncommercial use. Any use of the Service other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights. tradeSteward, LLC, its successors and assigns do herbey reserve all rights not expressly granted herein.
All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
We agree that all data relating to your account and any linked brokerage accounts remains your property and will not be used by the Service for any reason not directed by you. As part of the Service, We periodically record from your linked accounts the account balances, account positions, account transactions and other data. We expressly agree that tradeSteward is a custodian of and is not the owner of this data. Notwithstanding any other portion of the Terms to the contrary, tradeSteward will not be liable for the loss of any account data of which we are a custodian.
- Third Party Content
As part of the Service, We use data from your brokerage and brokerage account and such data is an integral part of the functionality of the Service. We make no warranties, express or implied, about the validity, accuracy, timeliness or any other guarantee about the data, including, but not limited to, market data, quotations and Black Scholes calculations.
We use data provided by your brokerage and brokerage account to make automated trades. To the extent this data is in error and results in a trading malfunction, you understand and agree that this data is not provided by the Service and is a function of your brokerage agreement and exchange data agreements and We have no control over the accuracy of the data.
- Service is Provided Without Warranty on an "As-Is" Basis; Idemnification; Limitation of Liability
You agree that your use of the service constitutes that you understand and agree that you have an affirmative duty to indemnify, defend and hold harmless tradeSteward, LLC, its successors and assigns, members, employees, partners, suppliers, agents, and contractors from and against any losses, liabilities, claims, demands, damages, expenses or costs arising out of or related to:
- your access to and use of the Service;
- the failure to comply with the Terms;
- trading losses incurred by you or any account owner as a result of your access to and use of the Service; and
- your violation, misappropriation or infringement of any rights of another, including intellectual, property or privacy rights
Your use of the Service is at your sole risk. Except as otherwise provided in writing by us, the Service and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, functionality, suitability, reliability, fitness for a particular purpose, title, and/or non-infringement. In addition, We do not represent or warrant that the Service is accurate, complete, reliable, current or error-free. While We make every attempt to make your use of the Service and any content therein reliable, accurate, and available, we cannot and do not represent or warrant that the Service or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Service.
- Waiver of Right to Trial by Jury and Agreement to Binding Arbitration
Any controversy, dispute or claim under, arising out of, in connection with or in relation to the Terms shall be settled, at the request of either party, by arbitration conducted in accordance with the Center for Public Resources Rules for Non-Administered Arbitration or Business Disputes, by a sole arbitrator to be appointed by a neutral and unaffiliated third-party group or association of arbitrators. The arbitration shall be governed by the United States Arbitration Act (9 U.S.C. §§ 1-16). The arbitration of such issues, including the determination of any amount of damages suffered by any party hereto by reason of the acts or omissions of any other party, shall be final and binding upon the parties to the maximum extent permitted by law, except that the arbitrators shall not be authorized to award punitive damages with respect to any such claim, dispute or controversy. No party shall seek (and no arbitrators shall be authorized to award) any punitive damages relating to any matters under, arising out of, in connection with or relating to the Terms in the proceedings hereunder or in any other forum. The parties intend that this Section shall be valid, binding, enforceable and irrevocable and shall survive the termination of this Agreement. The place of arbitration shall be selected by the arbitrator in accordance with the Terms, and costs for arbitration shall be shared jointly by the parties, but the prevailing party has the right to recover their portion of the costs from the non-prevailing party. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. By your agreeing to the Terms and use of the Service, you hereby waive any rights you may possess to have any controversy, dispute or claim under, arising out of, in connection with or in relation to the Terms litigated in any court or jury trial.
- Additional Terms and Amendments
We may supply different or additional terms in relation to the Service, and those different or additional terms become part of your agreement with Us if you use the Service. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict. We may make changes to the Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Service or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended terms will be effective immediately, and your continued use of the Service after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended terms, you shall immediately stop using the Service and contact Support at email@example.com for a refund of any unused subscription period.
Any dispute arising from the Terms and your use of the Service will be governed by and construed and enforced in accordance with the laws of the State of Delaware, except to the extent preempted by United States federal law, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that will be resolved by binding arbirtation, and any applicable motions or filings or actions shall be pursued within the state or federal courts of Delaware and the United States, respectively.
If any provision or part of a provision of the Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.