Last Updated: September 30, 2024
Welcome to PickMyTrade. By using our platform, you are entering into a legally binding agreement with PickMyTrade, Inc. ("PickMyTrade"). Please read these Terms of Service carefully, as they define your rights and obligations when using our services.
By registering and using PickMyTrade, you acknowledge that you have the authority to accept this Agreement and agree to be bound by its terms. If you do not agree with any part of these terms, please do not use the platform.
This Agreement includes a mandatory arbitration clause, which means you waive the right to a jury trial or participation in class actions. You have 30 days from first accepting these terms to opt out of the arbitration clause by contacting us at [email protected] and stating your desire to opt out. Include your full name in the email.
Trading Involves Risk: Trading in financial markets, including futures, stocks, and options, involves significant risk. You may lose more than your initial investment. Past performance is not an indicator of future results. PickMyTrade does not provide investment advice and is not a registered broker or investment adviser. You are responsible for your own trading decisions.
These Terms of Service, along with any other policies or documents referenced herein, apply to your use of the PickMyTrade platform. By using the platform, you accept and agree to these terms.
PickMyTrade enables users to create and subscribe to automated trading strategies. These strategies generate buy and sell signals based on predefined conditions. The platform allows strategy managers to build strategies for other users to follow. You acknowledge that the platform is provided "as is," and PickMyTrade is not responsible for service availability, efficiency, or timeliness.
No Resale of Service or Subscription: User agrees not to reproduce, copy, duplicate, sell, resell or exploit for any commercial purposes, any portion of the Platform, use of the Platform, or access to the Platform. If User subscribes to a trading strategy, User agrees not to forward, disseminate, or resell its contents without permission from the trading strategy manager.
PickMyTrade grants you a limited, non-exclusive, non-transferable license to access and use the platform for personal purposes, subject to compliance with this Agreement. You are not allowed to redistribute, sublicense, or create derivative works based on the platform without explicit written permission from PickMyTrade.
Prohibited Uses: You may not:
All content available through the platform, including software, graphics, logos, and text, is owned by PickMyTrade or its licensors and is protected by intellectual property laws. You may not use this content for commercial purposes without prior written consent.
By posting or sharing content on the platform, you grant PickMyTrade a non-exclusive, worldwide, royalty-free license to use, distribute, and display your content as part of the platform. PickMyTrade reserves the right to remove any user content that violates these terms or applicable laws.
PickMyTrade may offer both free and paid plans. We reserve the right to change prices at any time, including switching from a free service to a paid service. If we change the pricing of a service you are subscribed to, you will be notified in advance and given an opportunity to cancel the service before any charges apply.
You are responsible for paying all applicable taxes related to your use of PickMyTrade. This includes sales taxes, use taxes, and any other levies, excluding taxes based on PickMyTrade's net income.
Your subscription to PickMyTrade will automatically renew on a monthly or annual basis, depending on your selected plan. You are responsible for maintaining accurate billing information and ensuring that payments are processed. PickMyTrade does not offer refunds for any payments made, including unused or partial months of a subscription.
You can cancel your subscription at any time through your account settings. Your service will remain active until the current billing period ends. After the renewal date passes, if no payment is received, your subscription will be downgraded to a free plan, subject to the terms of PickMyTrade's pricing plans.
You are responsible for maintaining the security of your account, including safeguarding your login credentials. Any activity occurring under your account is your responsibility, and you must immediately notify PickMyTrade of any unauthorized use.
You agree to use the platform in compliance with all applicable laws and regulations. PickMyTrade reserves the right to terminate your access if we suspect illegal activities.
You are responsible for all content you post on PickMyTrade. By submitting content, you guarantee that you have the legal rights to post such content and grant PickMyTrade the right to use and distribute it. PickMyTrade may remove any content that violates these terms, applicable laws, or that we deem inappropriate.
PickMyTrade may link to third-party websites or services. We do not endorse or control these third-party services, and you access them at your own risk. Any dealings with third parties are solely between you and the third party.
You retain ownership of the content you post on the platform. By posting, you grant PickMyTrade the right to use, display, and distribute your content as part of our services.
PickMyTrade owns all rights to the platform, including any improvements, modifications, or enhancements. You may not use any part of the platform to create a competing product or service.
All postings and information submitted on and through the Platform, including all messages, text, files, images, photos, video, sounds, and any other material that may be construed as content ("User Content") are solely the responsibility of the person from whom such content originated. User hereby agrees that in submitting User Content User will not impersonate any person, or submit any materials that are false, inaccurate, misleading, unlawful, or are otherwise in violation of User's obligations under this Agreement.
In posting User Content, User represents and warrants that User has the right to post such User Content, that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to User the right to post User Content, or that User has express, verifiable permission from the author of the work prior to posting the User Content.
In posting User Content to the Platform, User automatically grants PickMyTrade and its Affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works such user content.
If you believe that any User Content or other postings on the Platform violates this Agreement, please contact us at [email protected].
We do not review User Content posted to the Platform. If you believe that your work has been posted on the Platform without express and verifiable permission that violates your rights, including intellectual property rights, please notify us at [email protected].
We will investigate claims of copyright or intellectual property infringement. To assist us with such investigations, please provide the following information:
We adhere to the Digital Millennium Copyright Act (DMCA) and in compliance with the DMCA will remove any material that infringes on the copyright or intellectual property interests of the rightful owner once such ownership is affirmatively established.
Subject to earlier termination as provided below, this Agreement is for the Initial Term as specified in the Registration, and shall be automatically renewed thereafter for additional periods of the same duration as the Initial Term, unless either party provides notice of termination at least 30 days prior to the end of the then-current term.
PickMyTrade reserves the right to expel User and prevent their further access to the Platform and/or use of our services for violating this Agreement or applicable laws, rules or regulations.
User acknowledges and agrees that User has read and understood PickMyTrade's Privacy Policy, and User consents to and authorizes the processing, use, and disclosure of personal information as set forth therein.
THE PLATFORM AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
PickMyTrade and its affiliates, to the fullest extent permitted by law, disclaim all warranties, conditions, or representations, whether express or implied, with respect to the Platform or the services, including the warranties of merchantability, title, non-infringement of third parties' rights, fitness for a particular purpose, quality, accuracy, quiet enjoyment or availability.
PickMyTrade makes no warranty that (i) the Platform and materials available on the Platform will meet User's requirements, (ii) the Platform and materials will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Platform or materials will be effective, accurate or reliable.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties that are not permitted to be excluded are limited to ninety (90) days or such longer period as applicable law requires.
User shall defend, indemnify, and hold harmless PickMyTrade, and our Affiliates, and each of their respective managers, members, officers, employees, directors and agents for all Losses arising from any third party claims, actions or demands, arising out of or relating to (a) any breach of this Agreement by User, (b) violation of the rights of a third party by User, or (c) otherwise in connection with User's use of the Platform.
OTHER THAN FOR USER'S BREACH OF THE LICENSE RESTRICTIONS AND A PARTY'S EXPRESS INDEMNIFICATION OBLIGATIONS, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES OF ANY KIND.
In no event shall a party's aggregate liability to the other party, with respect to any and all claims at any and all times arising from or related to the subject matter of this Agreement, exceed the fees paid to PickMyTrade in the three months immediately preceding the event giving rise to the liability.
THE PARTIES SPECIFICALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY COURT WITH RESPECT TO ANY CONTRACTUAL, TORTIOUS, OR STATUTORY CLAIM, COUNTERCLAIM, OR CROSS-CLAIM AGAINST THE OTHER ARISING OUT OF OR CONNECTED IN ANY WAY TO THIS AGREEMENT.
"Confidential Information" means any information of any type in any form that is disclosed to or observed or obtained by one party from the other party in the course of this Agreement and is designated as confidential or proprietary, or is of a nature that would reasonably be regarded as confidential or proprietary.
Each party possessing Confidential Information of the other party will maintain all such Confidential Information under reasonably secure conditions, using the same security procedures used by such party for the protection of its own Confidential Information of a similar kind.
Neither party shall disclose any Confidential Information of the other party to any third party without the express prior written consent of the other party.
All disputes, controversies, or claims arising out of, relating to, or regarding this Agreement, including the breach, termination, or validity thereof, shall be determined pursuant to arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA").
If you and PickMyTrade are unable to resolve a dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. You and PickMyTrade shall equally share the cost of the arbitration, but each party shall be responsible for its own attorney's fees.
In no event shall any Dispute brought by either party be commenced more than 2 years after the cause of action arose.
The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The parties agree to keep confidential the existence of the arbitration, the arbitral proceedings, the submissions made by the parties and the decisions made by the arbitral tribunal, including its awards to the extent not already in the public domain.
No modification or amendment to this Agreement will be valid or binding unless in writing and duly executed by the party or parties to be bound thereby.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties, inducements, promises, and understandings with respect to the Platform and the subject matter of this Agreement.
PickMyTrade may transfer, assign, sub-contract or otherwise deal with our rights and/or obligations under this Agreement. User may not transfer or assign this Agreement or User's rights or obligations thereunder.
If a provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, then the invalid or unenforceable provision will be removed from the Agreement, and the other provisions will continue in effect.
The laws applicable to the interpretation of this Agreement shall be the laws of the State of Tennessee and applicable federal law, without regard to any conflict of laws rules thereof. Any claims or actions regarding or arising out of this Agreement, if permitted notwithstanding the arbitration requirements, must be brought exclusively in a state or federal court of competent jurisdiction sitting in Sumner County, Tennessee.
Notices shall be given under this Agreement in writing and may be sent to PickMyTrade at [email protected], and to User at the address or email address designated in the Registration.
All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, indemnification, and limitations of liability.
If you have questions about these Terms of Service, please contact us: