Terms of Service

1. Acceptance of Terms

By creating an account, logging in, accepting the Terms prompt, or using TradesmQ in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and our Trading/Risk Disclaimer. If we require renewed acceptance after a material update, protected platform features remain unavailable until the current Terms version is accepted.

2. Description and Nature of Service

TradesmQ is a self-directed software and trade execution tool for the user's own alert sources. The platform lets you connect content you already have access to — through your own webhook endpoint or your own Discord account read locally on your own computer — parse that content into structured order tickets using settings you configure, and, if you choose, transmit user-authorized order instructions to your own brokerage accounts through TradesmQ Relay running on your own computer. TradesmQ does not supply, host, curate, rank, distribute, or sell any signals, alerts, or analyst content.

TradesmQ may provide alert delivery, order-ticket tooling, user-configured automation settings, journaling, analytics, risk guard settings, notifications, and related software features. These features are tools for your use; they are not recommendations, suitability determinations, portfolio management, or discretionary account management.

3. Eligibility

You must be at least 18 years of age to use TradesmQ. By using our service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. You must also have a valid brokerage account with a supported broker to use live trading features.

4. Account and License

• Access is granted via a license key issued to you personally. License keys are non-transferable.
• You are responsible for maintaining the confidentiality of your license key and account credentials.
• You are responsible for all activity that occurs under your account.
• You agree to provide accurate and complete information when setting up your account.
• We reserve the right to suspend or revoke access for violations of these terms.

5. User Responsibilities

• You are solely responsible for all trading decisions made through TradesmQ.
• You must perform your own due diligence before executing any trade.
• You choose which analysts to follow or ignore. TradesmQ does not endorse, verify, recommend, or supervise any analyst, signal, or strategy for regulatory purposes.
• You are responsible for configuring your own risk settings, position sizes, ticker filters, order types, automation settings, account selections, and trading preferences.
• You understand that Auto Manage and similar features mechanically apply settings you configure to signals you choose to receive. You can pause or disable automation at any time.
• You must monitor your brokerage account directly and be prepared to manage, modify, or close positions through your broker if TradesmQ, TradesmQ Relay, or any connected service is unavailable.
• You agree to comply with all applicable laws and regulations, including those governing securities trading in your jurisdiction.

5A. Your Sources Are Your Own — No TradesmQ Analysts, Compensation, Ranking, or Endorsement

Every alert source connected to TradesmQ is supplied and chosen by you: your own webhook, your own Discord account, and "Custom Analysts" — parsing configurations you create and name yourself. TradesmQ provides no analysts, signal feeds, or content of any kind. Any author, publisher, community, or service whose content reaches TradesmQ does so only through accounts and subscriptions you hold; they are independent third parties with no relationship to TradesmQ, and TradesmQ assumes no responsibility for their legal, regulatory, or trading conduct.

Your use of TradesmQ, including any parsing or automation feature, does not create an investment advisory, brokerage, fiduciary, agency, or portfolio-management relationship between you and TradesmQ, or between you and any third-party content source.

TradesmQ does not: employ, compensate, pay referral commissions to, share revenue with, host, rank, recommend, rate, verify the profitability of, or endorse any analyst, author, or signal source. The parsing of any content through the platform does not constitute a recommendation, endorsement, or verification of that content by TradesmQ. You are solely responsible for what sources you connect and for your right to use that content.

5B. Auto Execute — Optional, Off by Default, User-Controlled

Auto Execute is an optional feature that allows TradesmQ to automatically transmit user-authorized order instructions to your connected brokerage account without requiring a manual approval step for each signal. Auto Execute is off by default for every analyst and alert source.

Before enabling Auto Execute, you must:

• Actively read and accept a per-analyst risk acknowledgement with an explicit checkbox
• Configure per-analyst risk controls including maximum order size, allowed tickers, blocked tickers, allowed asset types, maximum daily trades, daily loss limit, stop-loss requirements, and market-hours restrictions

Auto Execute will not be available until those steps are completed. Once enabled, Auto Execute may submit live brokerage orders without a manual confirmation step for each individual signal. You may pause or disable Auto Execute at any time. You remain solely responsible for all orders submitted through Auto Execute, including any orders that are filled, rejected, partially filled, or otherwise processed during periods when Auto Execute is active.

Auto Execute is a tool that mechanically applies your configured rules to third-party signals. TradesmQ does not decide what you should trade, does not exercise discretion over your account, and does not modify your rules without your action.

5C. AI-Assisted Parsing — Not Advice, May Be Wrong

TradesmQ may use AI or rule-based text parsing to extract structured order parameters (ticker, action, entry price, stop loss, take profit, asset type, etc.) from natural-language analyst messages. This parsing:

• May be incorrect, incomplete, delayed, ambiguous, or missing critical fields
• Is not investment advice, a trading recommendation, or a signal generated by TradesmQ
• Should not be relied on as a sole basis for trading decisions
• May produce outputs that differ from the analyst's actual intent

When AI parsing confidence is below the threshold you configure, or when critical fields are missing, the parsed result is sent to your manual review queue rather than executed automatically. You are responsible for reviewing, correcting, and approving or dismissing any parsed alerts before or after execution.

TradesmQ's AI parsing output is a software feature to assist your own review process, not financial or investment advice from TradesmQ.

Parsing Credits

AI-assisted parsing is metered in Credits. Each account receives an allowance of 2,000 Credits per calendar month. Your Credit balance resets to the full allowance on the first day of each month (US Eastern time). Unused Credits do not roll over, have no cash value, are not transferable, and are not refundable.

• What consumes a Credit: Each message you submit to one of your Sources for AI parsing may consume up to one (1) Credit.
• What is not charged: Messages rejected before parsing — including duplicate messages, rate-limited requests, messages skipped because they match an Ignore keyword you configured, and content blocked by our safety filters — and messages for which parsing fails are not charged. TradesmQ may also, at its discretion, decline to charge Credits for other non-actionable messages (for example, chatter that produces no trade signal); any such non-charging is a courtesy, not a commitment.
• Exhaustion: When your balance reaches zero, AI parsing pauses — new messages are rejected with an insufficient-Credits error and produce no signals — until your monthly reset or until a discretionary Credit grant is applied to your account. Exhaustion does not affect your ability to monitor, manage, or close existing positions directly through your broker.
• Changes: We may change the monthly allowance, the Credit cost of a message, or the low-balance warning threshold prospectively, with notice as described in Section 18 (Modifications). Credit grants made by TradesmQ are discretionary and may be one-time.

Credits meter software usage only. Consuming a Credit does not make any parsed output investment advice, and the number of Credits consumed has no bearing on the accuracy of parsing results.

5D. User-Created Automation Rules

Trailing stops, maximum position size, allowed tickers, blocked tickers, allowed asset types, maximum daily trades, daily loss limits, stop-loss requirements, take-profit requirements, market-hours restrictions, and any other execution constraints you configure are user-created automation rules. TradesmQ executes trades only in accordance with rules you configure; TradesmQ does not decide what you should trade, when to trade, what size to use, or when to exit.

These rules are not described as, and should not be interpreted as, smart portfolio management, profit protection, guaranteed risk reduction, advisory trade management, or AI-managed investment outcomes. They are mechanical execution constraints under your sole control.

When a trailing stop activates, it does so because you enabled trailing stop automation and configured its parameters. TradesmQ records your rule configuration in the audit log at the time of execution.

5E. Asset-Specific Risk Notices

Options

• Options are complex financial instruments and may not be suitable for all investors.
• Options can expire worthless, resulting in the total loss of the premium paid.
• Options are highly leveraged and can be highly volatile.
• Writing (selling) options involves theoretically unlimited risk for uncovered calls.
• Options approval levels, margin requirements, and eligible strategies are determined by your brokerage, not TradesmQ.
• By enabling options execution through TradesmQ, you represent that you understand the risks of options trading and that your brokerage has approved you for options trading.

Cryptocurrency

• Cryptocurrency markets operate 24 hours a day, 7 days a week and are highly volatile.
• Cryptocurrency may be illiquid, subject to wide bid/ask spreads, and difficult to execute at expected prices.
• Cryptocurrency is subject to evolving and uncertain regulatory treatment that may restrict or prohibit trading in your jurisdiction.
• Cryptocurrency trades may not be reversible and custody/settlement differs from traditional securities.
• TradesmQ does not custody cryptocurrency and is not a money-services business, money transmitter, or crypto exchange.
• You are responsible for understanding the tax, regulatory, and technical risks of cryptocurrency before enabling crypto execution through TradesmQ.

Futures

• Futures are leveraged instruments and involve a high degree of risk; losses can exceed your initial margin deposit.
• Futures positions can be liquidated by your broker or funded-account/prop-firm program without notice if margin or program rules are not met.
• Many futures products trade nearly 24 hours a day; prices can move or gap sharply outside regular U.S. equity market hours.
• Contract expiration and rollover are your responsibility; TradesmQ does not automatically roll open positions between contract months.
• Futures access, margin requirements, and account or program approvals are determined by your broker or prop-firm program, not TradesmQ.
• By enabling futures execution through TradesmQ (including via NinjaTrader or supported prop-firm platforms), you represent that you understand the risks of futures trading and that your broker or program has approved you for it.

5F. AI Auto Execute — Additional Acknowledgement

If you enable AI Auto Execute (parser mode "AI Auto Execute") for any analyst, you must accept this additional acknowledgement before AI-parsed alerts can be auto-executed:

AI Auto Execute defaults to off. Ambiguous, watchlist, or low-confidence messages, edited or deleted source messages, missing critical fields, missing exact options contract details, market orders from AI, and orders that exceed your configured execution limits are routed to manual review or blocked. You may disable AI Auto Execute at any time.

5G. Duplicate-Order Protection & Message Integrity

• TradesmQ blocks duplicate Auto Execute orders within a configurable time window using a deduplication key. Duplicates are routed to manual review or blocked, not silently retried.
• Auto Execute is allowed only for source messages flagged as "original." Edited, deleted, incomplete, or reposted messages are not eligible for Auto Execute and are routed to manual review.
• If a source message is edited or deleted after an order has been submitted, TradesmQ creates an internal incident record for review; it does not retroactively cancel or modify live brokerage orders.

6. Prohibited Uses

You agree not to:

• Use TradesmQ for market manipulation, fraud, or any illegal activity
• Attempt to circumvent security measures, rate limits, or access controls
• Reverse-engineer, decompile, or disassemble any part of the platform
• Share, resell, or sublicense your license key or account access
• Use automated tools (bots, scrapers) to extract data from the platform beyond intended API usage
• Interfere with or disrupt the platform's operation or other users' access
• Misrepresent your identity or affiliation

7. Intellectual Property

All content, code, design, trademarks, and intellectual property associated with TradesmQ are owned by TradesmQ and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the platform for its intended purpose. You may not copy, modify, distribute, or create derivative works from any part of TradesmQ without written permission.

8. Third-Party Services

TradesmQ integrates with third-party services including Stripe for payments, Discord for optional notifications or analyst integrations, broker libraries used by TradesmQ Relay, and email or hosting providers needed to operate the service. Your use of these services is subject to their own terms and privacy policies.

All securities transactions are executed, cleared, settled, accepted, rejected, or cancelled by your broker, not TradesmQ. TradesmQ does not hold customer funds or securities, does not process deposits or withdrawals, and does not perform broker KYC/AML checks. Brokerage authentication, account approval, margin permissions, options approval, order routing, fills, and custody remain between you and your broker. Brokerage credentials are entered into the local desktop app and are not sent to Oracle.

9. Trading Risks and Disclaimers

• TradesmQ provides the platform "as-is" without warranties of any kind, express or implied.
• We do not warrant uninterrupted, error-free, or secure operation of the platform.
• Fills, prices, slippage, partial fills, rejected orders, cancelled orders, liquidity, latency, and execution timing may differ from displayed signals or analyst activity.
• We are not liable for losses resulting from signal execution, system downtime, API delays, rate limits, brokerage errors, market conditions, incorrect inputs, or failed monitoring.
• Automated features, including Auto Manage, breakout tools, software OCO monitoring, extended-hours stop handling, and AI-assisted parsing, can lag, fail, parse incorrectly, or produce unintended results.

10. Limitation of Liability

To the maximum extent permitted by law, TradesmQ and its owners, officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, trading losses, market losses, slippage, rejected orders, failed orders, missed trades, AI parsing errors, broker outages, loss of opportunity, loss of data, or loss of goodwill, arising from or related to your use of the platform.

Our total aggregate liability for any claim arising from these Terms or your use of TradesmQ shall not exceed the greater of (a) the amount you paid to TradesmQ in the three (3) months preceding the event giving rise to the claim or (b) one hundred dollars ($100), except where a different limit is required by applicable law.

Carve-outs: Nothing in these Terms excludes or limits liability for (i) gross negligence or willful misconduct, (ii) fraud or fraudulent misrepresentation, or (iii) any liability, right, or remedy that cannot be excluded, limited, or waived under applicable law (including non-waivable statutory rights). The exclusions and the aggregate cap above apply only to the maximum extent permitted by applicable law and do not apply to the carve-outs in this paragraph.

Attorney fees: Each party shall bear its own attorney fees and costs unless applicable law requires otherwise or an arbitrator or court orders otherwise.

11. Indemnification

You agree to indemnify, defend, and hold harmless TradesmQ and its owners, officers, employees, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the platform, your violation of these terms, or your violation of any law or the rights of any third party.

12. Subscription, Refunds, and Cancellation

• Billing: Subscriptions are billed on a recurring basis (monthly or annually) as indicated at the time of purchase. Automatic renewal (ROSCA-compliant): your subscription will automatically renew at the end of each billing period at the then-current price unless you cancel before the renewal date.
• Included usage (Credits): Your subscription includes a monthly allowance of Credits for AI-assisted parsing as described in Section 5C ("Parsing Credits") — currently 2,000 Credits per calendar month, resetting on the first of each month (US Eastern time). Unused Credits do not roll over and have no cash value. When your balance reaches zero, AI parsing pauses until the next monthly reset or a discretionary grant; this pause is not a service outage and is not grounds for a refund.
• Cancellation: You may cancel your subscription at any time through your Account settings. The cancellation path is as easy to use as the sign-up flow. No phone calls are required. Cancellation stops future renewal charges and takes effect at the end of the current billing period unless applicable law requires otherwise.
• Complimentary access: If you receive complimentary access, you can renew or upgrade from the same Account section without losing your account, settings, or stored history.
• Refunds & non-reimbursable items: Subscription fees are non-refundable except as described in this section or as required by applicable law (including any non-waivable cooling-off or refund rights in your jurisdiction). Trading losses, market losses, slippage, failed orders, rejected orders, duplicate orders, missed trades, AI parsing errors, and broker/API failures are not reimbursed by TradesmQ. If you believe you are entitled to a refund of a subscription fee due to a billing error or service issue, contact us within 14 days of the charge; refunds, if any, are at our reasonable discretion to the extent permitted by law.
• Support scope: Support may review logs and system activity to assist with software issues. Support does not provide investment, trading, tax, or legal advice and does not adjudicate whether a trade was a good or bad decision.
• Chargebacks: Chargebacks or payment disputes may result in account suspension, cancellation, or loss of access, subject to applicable law and payment processor rules.
• Retention after expiry: If your access expires or is cancelled, your account and associated data remain eligible for renewal for 30 days. After 30 days past expiry, your account and stored data may be permanently deleted.
• Price changes: We will notify you of material price changes before they apply to your renewal.

13. Termination

We may suspend or terminate your access to TradesmQ at any time, with or without cause, including for violations of these terms. Upon termination, your right to use the platform ceases immediately. Provisions that by their nature should survive termination (including limitation of liability, indemnification, and dispute resolution) shall survive.

14. Dispute Resolution — Arbitration, Class Waiver & Opt-Out

Informal resolution first: Before starting arbitration or any court proceeding (other than small claims), the party with the dispute must send the other a written notice describing the claim and the relief sought (to legal@tradesmq.com, or to your account email), and both parties must attempt in good faith to resolve it for thirty (30) days. Applicable limitations periods are tolled during this period.

Small claims: Either party may bring an individual claim in small-claims court in your county (or our principal place of business) instead of arbitration, for so long as it remains an individual small-claims matter.

Mandatory individual arbitration: Except as stated above, any dispute, claim, or controversy arising from or related to these Terms or your use of TradesmQ shall be resolved through binding individual arbitration under the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. If the AAA is unavailable or declines to administer the arbitration, the parties will select another established national arbitration provider (such as National Arbitration and Mediation (NAM) or JAMS, under its consumer rules); if the parties cannot agree, a court of competent jurisdiction shall appoint an arbitrator under 9 U.S.C. § 5. The unavailability of any particular administrator does not invalidate this agreement to arbitrate. Arbitration fees and fee waivers are governed by the administrator's consumer fee schedule; we will pay administrator and arbitrator fees that the consumer fee schedule assigns to us. The arbitration shall take place in the county where you reside (or remotely by videoconference, at your election) unless another venue is required by law.

30-day right to opt out (bilateral): You may reject this arbitration provision and the class waiver by emailing legal@tradesmq.com within thirty (30) days of first accepting these Terms (or within thirty (30) days of any update that materially changes this Section), with your name, account email, and a clear statement that you opt out of arbitration. Opting out is free, applies to both parties for disputes between us, and does not affect any other part of these Terms. If you opt out, disputes will be resolved in court, subject to Section 15.

Class-action and class-arbitration waiver: You and TradesmQ each agree to resolve disputes on an individual basis only. You and we each waive any right to participate in a class action, class arbitration, mass action, private attorney general action (to the extent waivable), representative action, or consolidated proceeding. If this waiver is found unenforceable as to a particular claim or request for relief, then that claim or request (and only that one) shall be severed and decided by a court of competent jurisdiction, and the remaining claims shall proceed in individual arbitration. In no event shall class or representative claims be arbitrated.

Public injunctive relief: If you are a California resident (or where applicable law otherwise so requires), nothing in this Section waives your right to seek public injunctive relief. Any claim for public injunctive relief shall be decided by a court of competent jurisdiction after the arbitration of all arbitrable claims, and shall be stayed pending that arbitration; all other claims and requests for relief remain subject to individual arbitration. This carve-out exists so that no part of this arbitration agreement operates to waive a non-waivable right, and it shall be construed to preserve — not defeat — the enforceability of the remainder of this Section.

Mass-arbitration batching (bellwether): If twenty-five (25) or more demands for arbitration with substantially similar claims are filed against either party by or with the assistance of the same or coordinated counsel or organizations, the parties agree to a staged process: (1) counsel for the claimants and for TradesmQ shall each select up to ten (10) demands per side to proceed first as bellwether arbitrations; (2) the remaining demands shall not be filed (and no filing fees shall accrue) until the bellwether arbitrations conclude; (3) after each bellwether stage, the parties shall engage in a global mediation; (4) if disputes remain, the next stage of up to twenty (20) demands per side proceeds, and so on. Applicable limitations periods are tolled for demands held in abeyance under this paragraph. A court of competent jurisdiction may enforce this paragraph and has authority to enjoin mass filings that breach it.

Exceptions: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights, or for emergency relief in aid of arbitration.

Severability within this Section: Except as expressly provided in the class-waiver and public-injunctive-relief paragraphs above, if any part of this Section 14 is found unenforceable, that part shall be severed and the remainder of this Section shall continue in full force, and the parties' agreement to arbitrate on an individual basis shall be preserved to the maximum extent permitted by law.

Survival: This Section 14 survives termination of these Terms and your account.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with the Privacy Policy and Trading/Risk Disclaimer, constitute the entire agreement between you and TradesmQ regarding your use of the platform and supersede all prior agreements, understandings, and communications.

18. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated through the platform, by email where available, or through an updated ToS acceptance prompt. When we require a new acceptance, protected platform features remain unavailable until the updated Terms are accepted and logged. Your continued use after the effective date constitutes acceptance of the modified terms to the extent permitted by law.

19. Contact

For questions about these Terms of Service, contact us at:

TradesmQ
Email: legal@tradesmq.com