TradePro - Terms of Service

Last updated: January 15, 2024

Please read these Terms of Service carefully before using our automated trading system.

1. Agreement to Terms

By accessing and using TradePro's automated trading system, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

This agreement constitutes a legally binding contract between you and TradePro regarding your use of our automated trading services.

2. Definitions

"Service" means TradePro's automated trading system and related services.

"User" or "You" means the individual or entity using our services.

"Account" means your Interactive Brokers trading account.

"System" means the automated trading infrastructure and software.

"Signals" means TradingView webhook alerts processed by our system.

"Subscription" means your recurring monthly service agreement.

"Downtime" means periods when the service is unavailable or not functioning.

"Platform" means the software, applications, and systems provided by TradePro.

"Company" means TradePro and its affiliates.

"Losses" means any and all losses, damages, costs, and expenses of any kind.

3. Service Description

TradePro provides automated trading system services that connect TradingView alerts to Interactive Brokers accounts. Our services include:

  • Automated order execution based on TradingView webhook signals
  • 24/7 system monitoring and maintenance
  • Dedicated server infrastructure for each client
  • Automated futures contract rolling for ES and MES
  • Real-time system health monitoring
  • Technical support and system configuration assistance

4. User Responsibilities and Acknowledgments

4.1 Trading Knowledge and Experience

By using our Service, you represent and warrant that you:

  • Have sufficient knowledge and experience in trading financial instruments
  • Understand the risks associated with automated trading systems
  • Are familiar with Interactive Brokers platform and API functionality
  • Have thoroughly tested your strategies before live trading implementation
  • Possess the financial sophistication to evaluate the risks and merits of automated trading
  • Understand market mechanics, order types, and execution processes

4.2 Account Control and Security

You acknowledge and agree that:

  • You maintain complete control over your Interactive Brokers account
  • You are responsible for all trading activity in your account
  • You must properly secure your account credentials and system access
  • You are responsible for monitoring your account and trading activity
  • You must immediately report any unauthorized access or suspicious activity
  • You are solely responsible for the consequences of all trading decisions

4.3 Registration and Account Security

User shall maintain the confidentiality of the User's account, passwords, and all associated information. User is responsible for all uses of their account and agrees to immediately notify Company of any unauthorized use.

  • Use strong, unique passwords for all accounts
  • Enable two-factor authentication where available
  • Regularly monitor account activity and statements
  • Report security breaches immediately to both TradePro and Interactive Brokers
  • Keep all software and systems updated with latest security patches

4.4 Additional User Responsibilities

  • Maintain adequate internet connectivity for system operation
  • Provide accurate and complete information during setup
  • Comply with all applicable trading regulations and laws
  • Maintain sufficient account funding for trading activities
  • Regularly review and understand your trading strategy performance
  • Keep detailed records of all trading activities for tax and regulatory purposes

5. Limited Right to Use

5.1 License

Subject to the terms and conditions of this Agreement, Company grants to User a limited, nonexclusive, non-transferable, non-sublicensable license to access and use the Platform solely for User's own personal use.

This license is valid only during your active subscription period and terminates immediately upon cancellation.

5.2 Prohibited Uses

Violation of these restrictions may result in immediate service termination and legal action.

User shall not:

  • Use the Platform for any purpose not specifically authorized by this Agreement
  • Distribute, republish, download, display, post, or transmit any portion of the Platform
  • Reverse engineer, decompile, or disassemble the Platform
  • Modify, adapt, translate, or create derivative works from the Platform
  • Remove or tamper with any copyright or proprietary notices
  • Sell, market, license, sublicense, distribute, rent, or loan any portion of the Platform
  • Use the Platform to violate any applicable law or regulation
  • Transmit any harmful code, viruses, or malicious software
  • Attempt to gain unauthorized access to any systems or networks
  • Use the Platform for commercial purposes without express written consent
  • Share login credentials or account access with third parties
  • Interfere with or disrupt the Platform's operation or security
  • Use automated scripts or bots to access the Platform beyond normal operation
  • Attempt to circumvent any usage limitations or security measures

5.3 Intellectual Property Rights

  • All Platform content, features, and functionality remain the exclusive property of TradePro
  • Users retain no ownership rights in the Platform or its components
  • Any feedback or suggestions provided become the property of TradePro
  • Users may not create competing services based on Platform knowledge or experience

6. Eligibility Requirements

User Eligibility

  • You must be at least 18 years of age
  • You must have legal capacity to enter into binding contracts
  • You must not be prohibited from trading under applicable laws
  • You must have sufficient trading experience and knowledge
  • You must comply with all applicable financial regulations

Geographic Restrictions

  • Services may not be available in all jurisdictions
  • You are responsible for compliance with local laws
  • We reserve the right to restrict access based on location
  • Certain features may be limited based on regulatory requirements

7. Prohibited Uses

Violation of these prohibitions may result in immediate service termination.

System Misuse

  • Attempting to reverse engineer or copy our systems
  • Interfering with system operation or security measures
  • Attempting to access unauthorized areas of the system
  • Overloading the system with excessive requests

Trading Violations

  • Market manipulation or fraudulent trading practices
  • Violating applicable securities laws or regulations
  • Using the service for illegal activities
  • Sharing account access with unauthorized persons

Commercial Restrictions

  • Reselling or sublicensing the service without permission
  • Using the service for competing business purposes
  • Creating derivative works based on our system
  • Attempting to circumvent usage limitations

8. Risk Disclosure

Important Trading Risks

High Risk Warning: Trading involves substantial risk of loss and is not suitable for all investors. You could lose more than your initial investment.

Automated Trading Risks: Automated systems can experience technical failures, connectivity issues, or software bugs that may result in order entry problems or unexpected losses.

No Guarantee: Past performance does not guarantee future results. No trading system or strategy is guaranteed to be profitable.

  • Market volatility can result in rapid and substantial losses
  • Technical failures may prevent proper order execution
  • Network connectivity issues can cause system interruptions
  • Changes in market conditions may render strategies ineffective
  • Regulatory changes may affect trading operations

9. Limitation of Liability and Remedies

9.1 Maximum Aggregate Liability

IN NO EVENT SHALL COMPANY'S AGGREGATE LIABILITY TO USER EXCEED THE FEES PAID TO COMPANY IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

9.2 Excluded Damages

COMPANY WILL NOT BE LIABLE FOR:

  • CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, OR TRADING OPPORTUNITIES
  • TRADING LOSSES OR INVESTMENT LOSSES OF ANY KIND
  • BUSINESS INTERRUPTION OR LOST BUSINESS
  • LOSS OF DATA OR SYSTEM DOWNTIME

9.3 Trading-Specific Liability Exclusions

Company shall not be liable for losses arising from:

  • System malfunctions, bugs, or technical failures
  • Third-party platform outages (TradingView, Interactive Brokers, etc.)
  • Failed or delayed trade executions
  • Incorrect position sizing or order placement
  • Market gaps or liquidity issues
  • Order rejections by Interactive Brokers
  • Internet connectivity failures or network interruptions
  • Power outages or infrastructure failures
  • Market volatility or unusual trading conditions
  • Regulatory changes affecting trading operations

10. Indemnification

User Protection Clause: You agree to protect TradePro from claims arising from your use of the service.

User shall defend, indemnify, and hold harmless Company and its affiliates from all Losses arising from:

  • Any breach of this Agreement by User
  • User's trading activities or investment decisions
  • User's violation of any law or regulation
  • Any third-party claims related to User's account or trading
  • User's use of the Platform in violation of these terms
  • Any claims by third parties arising from User's trading activities
  • User's failure to comply with applicable securities laws
  • Any unauthorized use of User's account or credentials
  • User's violation of Interactive Brokers' terms of service
  • Claims arising from User's modification or misuse of the Platform

11. Warranty Disclaimers

11.1 "As Is" Provision

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 No Performance Warranties

COMPANY MAKES NO WARRANTY THAT THE PLATFORM WILL MEET USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

11.3 Additional Disclaimers

  • Company makes no warranty regarding trading profitability or performance
  • Company does not warrant that the Platform will be compatible with all systems
  • Company disclaims all warranties regarding third-party services
  • Company makes no warranty regarding data accuracy or completeness
  • Company disclaims warranties regarding system uptime or availability

12. Arbitration

12.1 Binding Arbitration

Dispute Resolution: All disputes must be resolved through binding arbitration, not court litigation.

All disputes arising out of or relating to these terms or the use of the Platform shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.

  • Arbitration will be conducted by a neutral arbitrator
  • The arbitration will be held in [Jurisdiction] or another mutually agreed location
  • Each party will bear their own costs and attorneys' fees
  • The arbitrator's decision will be final and binding
  • Arbitration proceedings will be confidential

12.2 Class Action Waiver

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST COMPANY.

12.3 Claims Limitation

Any claim arising out of or related to these terms or the Platform must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred.

13. Service Level Agreement

Uptime Commitment

  • We target 99.5% uptime during market hours
  • Planned maintenance will be scheduled during market closures
  • Emergency maintenance may occur with minimal notice
  • Downtime credits may be available for extended outages

Performance Standards

  • Signal processing typically within 100-500 milliseconds
  • Order execution time depends on broker and market conditions
  • System monitoring alerts within 1 minute of issues
  • Support response within 24 hours during business days

Limitations

  • Performance may vary based on market conditions
  • Third-party service issues are outside our control
  • Internet connectivity issues may affect performance
  • No guarantee of order fills or execution prices

14. Subscription and Payment Terms

Subscription Details

  • Monthly subscription fee: $298 USD
  • One-time setup fee: $98 USD
  • Billing occurs monthly in advance
  • Setup takes approximately 5 business days
  • 7 additional days provided at no cost to compensate for setup time

Payment Terms

  • Payment must be made in advance of service period
  • Failed payments will result in service suspension
  • All fees are non-refundable unless otherwise stated
  • Prices are subject to change with 30-day notice

15. Cancellation and Termination

User Cancellation

  • You may cancel your subscription at any time with 30-day written notice
  • Cancellation must be submitted in writing to support@tradepro.com
  • Service will continue until the end of the current billing period
  • No refunds will be provided for partial months

Service Termination

  • We may terminate service for violation of these terms
  • We may terminate service for non-payment
  • We may terminate service with 30-day notice for any reason
  • Upon termination, all data and configurations will be permanently deleted

16. Force Majeure

We shall not be liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to:

  • Acts of God, natural disasters, or extreme weather conditions
  • War, terrorism, civil unrest, or government actions
  • Internet or telecommunications failures
  • Power outages or infrastructure failures
  • Exchange closures or trading halts
  • Regulatory changes or compliance requirements
  • Third-party service provider failures

17. Intellectual Property

  • All software, systems, and documentation remain our intellectual property
  • Users receive a limited license to use the service during the subscription period
  • Reverse engineering or copying of our systems is prohibited
  • Users retain ownership of their trading strategies and data

18. Privacy and Data Protection

  • We collect and process personal information as described in our Privacy Policy
  • Trading data is processed only for service operation purposes
  • We implement enterprise-grade security measures to protect your data
  • Your IBKR credentials never leave your local system
  • We do not share trading data with third parties

19. Regulatory Compliance

User Compliance

  • You are responsible for compliance with all applicable laws and regulations
  • You must comply with reporting requirements in your jurisdiction
  • You are responsible for tax obligations related to trading activities
  • You must maintain required licenses or registrations

Service Compliance

  • We operate within applicable technology and service regulations
  • We are not a registered investment advisor or broker-dealer
  • We do not provide investment advice or recommendations
  • We may modify services to comply with regulatory changes

20. Governing Law and Disputes

  • These terms are governed by the laws of [Jurisdiction]
  • Any disputes will be resolved through binding arbitration as outlined in Section 12
  • Users waive the right to participate in class action lawsuits
  • All claims must be filed within one year of the incident

21. Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain in full force and effect and enforceable.

22. Entire Agreement

These Terms of Service, together with our Privacy Policy and any additional agreements you may have with us, constitute the entire agreement between you and TradePro regarding the use of our services. These terms supersede all prior agreements and understandings.

23. Changes to Terms

  • We may update these terms at any time with 30-day notice
  • Changes will be posted on our website and emailed to subscribers
  • Continued use of the service constitutes acceptance of new terms
  • Users may cancel if they disagree with term changes

24. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: legal@tradepro.com

Support: support@tradepro.com

Address: [Company Address]

Phone: [Phone Number]

25. Final Risk Warnings

CRITICAL RISK WARNING

WARNING: AUTOMATED TRADING SYSTEMS INVOLVE SUBSTANTIAL RISK. PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. YOU MAY LOSE SOME OR ALL OF YOUR INVESTED CAPITAL. ONLY TRADE WITH MONEY YOU CAN AFFORD TO LOSE.

Key Risk Factors to Consider:

Market Risks

  • • Market volatility can result in significant losses
  • • Gaps in market pricing can cause unexpected losses
  • • Liquidity issues may prevent timely order execution
  • • Economic events can cause rapid market movements

Technology Risks

  • • System failures may prevent order execution
  • • Internet connectivity issues can disrupt trading
  • • Software bugs may cause incorrect order placement
  • • Third-party platform outages can affect service

Trading Risks

  • • Automated systems can amplify both gains and losses
  • • Strategy performance may deteriorate over time
  • • Over-leveraging can magnify losses
  • • Poor risk management can lead to account depletion

Your Responsibilities:

  • Monitor your account regularly
  • Understand your risk tolerance
  • Test strategies thoroughly before live trading
  • Maintain adequate capital reserves
  • Keep security credentials confidential
  • Stay informed about market conditions
  • Keep detailed trading records
  • Never risk more than you can afford to lose

Our Limitations:

  • We provide technology services only
  • We are not financial advisors
  • We do not guarantee profits or performance
  • We are not responsible for trading losses
  • We have limited liability as outlined in this agreement

26. Agreement Conclusion

FINAL LEGAL NOTICE

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE OUR SERVICE AND EXIT THIS WEBSITE IMMEDIATELY.

By proceeding to use TradePro services, you confirm that you have read, understood, and agree to be bound by all terms and conditions outlined in this comprehensive Terms of Service agreement.

Agreement Summary:

What You're Agreeing To:

  • • Monthly subscription of $298 + $98 setup fee
  • • Automated trading system usage
  • • All risks and responsibilities outlined
  • • Liability limitations and arbitration
  • • Compliance with all applicable laws

What You're Receiving:

  • • Dedicated server infrastructure
  • • 24/7 automated trading execution
  • • Technical support and monitoring
  • • Enterprise-grade security
  • • Automated contract management

27. Effective Date

Terms Effective Date

These Terms of Service become effective immediately upon your acceptance.

Last Updated: January 15, 2024

Your use of our services after this date constitutes acceptance of these terms.

Copyright Notice

Copyright 2024 TradePro. All rights reserved.

This Terms of Service document and all related materials are protected by copyright law.

Final Acknowledgment

By using our automated trading service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also acknowledge that you understand the risks involved in automated trading and that you are using the service at your own risk.

These Terms of Service are effective as of January 15, 2024, and govern your use of TradePro's automated trading services.