TradeStream

I. Terms and Conditions

TradeStream is operated by TradeStream, Inc. By accessing and/or using the TradeStream website constitutes your agreement to the below Terms and Conditions. The below Terms and Conditions apply to your use of TradeStream and related content regardless of the delivery platform and medium used to access the site or its content. All references to “we” below includes only TradeStream, Inc. Please read these Terms and Conditions carefully before using TradeStream. If you disagree with the below Terms and Conditions in part or in full you should refrain from accessing TradeStream and/or cancel any existing subscription(s) in accordance with the TradeStream cancellation policies described below.

TradeStream reserves the right to change these Terms and Conditions at any time. Any such change will become effective immediately upon publication to the TradeStream website.

1. NOT PROFESSIONAL ADVICE; GENERAL DISCLAIMERS OF WARRANTIES AND LIABILITY

TradeStream (including any related content) is not intended to provide legal, financial, investment, tax, or other professional advice and nothing contained on the website or TradeStream outputs should be construed as such. Nothing on the TradeStream site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation to trade any security, commodity, cryptocurrency, or other asset by TradeStream or any other party. You are solely responsible for determining whether any investment, security, cryptocurrency, other asset, trading strategy or any other product or service is appropriate or suitable for you based on your personal financial situation and investment objectives. Please consult an attorney, financial advisor, and/or tax professional regarding your specific legal situation and investment goals.

THERE MAY BE OMISSIONS OR INACCURACIES ON THIS WEBSITE, AND YOUR ABILITY TO ACCESS THIS WEBSITE MAY, FROM TIME TO TIME, BE DELAYED AND/OR INTERRUPTED DUE TO SCHEDULED AND/OR UNSCHEDULED CAUSES. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS, IMPLIED, OR OTHER REPRESENTATION OR WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TRADESTREAM SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THIS WEBSITE, AND ALL REPRESENTATIONS OR WARRANTIES ARISING FROM CUSTOM OR USAGE OR BY OPERATION OF LAW.

TRADESTREAM ACCEPTS NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR THE CONSEQUENCE OF RELYING OR ACTING UPON, INFORMATION AVAILABLE THROUGH THIS WEBSITE OR ANY THIRD-PARTY SITE ACCESSED THROUGH THIS WEBSITE. TRADESTREAM UTILIZES MULTIPLE THIRD-PARTY SERVICE PROVIDERS FOR DATA STORAGE, MAINTENANCE, AND COLLECTION, INCLUDING FOR PAYMENTS, LOGIN, AND SIGN-UPS. TRADESTREAM ACCEPTS NO RESPONSIBILITY FOR ANY DAMAGES SUSTAINED DUE TO MALFUNCTIONS, DATA BREACHES, OR ANY OTHER ADVERSE EVENT EXPERIENCED BY OR WITH RESPECT TO SUCH SERVICE PROVIDERS.

ANY RISK OF VIRUSES OR OTHER FORMS OF ELECTRONIC CONTAMINATION REMAINS, AT ALL TIMES, WITH THE USER OF THIS WEBSITE. TRADESTREAM HAS NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS OR THE CONSEQUENCE OF RELYING OR ACTING ON INFORMATION AVAILABLE THROUGH THIS WEBSITE OR ANY SITES AVAILABLE THROUGH THIS WEBSITE.

IN NO EVENT WILL TRADESTREAM BE LIABLE FOR ANY CLAIMS FOR DAMAGES (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR USE OF OR RELIANCE ON THIS WEBSITE AND THE TRADESTREAM PRODUCT.

2. TRADESTREAM ACCOUNTS AND SUBSCRIPTIONS

You are responsible for safeguarding your password and login details used to access TradeStream, and for any activities or actions taken under the use of your login details. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

TradeStream is a subscription-based service. Access to certain features and content on the TradeStream website is limited to subscribers only. By submitting payment and other subscription details, you are making an offer to buy a subscription, which will only be accepted when your payment details and other subscription details have been verified. TradeStream reserves the right to reject any subscription offer at its sole discretion. If we incorrectly state a price to you (on the TradeStream website or otherwise) we reserve the right to subsequently notify you of any pricing error, in which case you may cancel the subscription at no further obligation to us and any money paid will be refunded. Failure to cancel constitutes acceptance of the correct price.

When you submit payment details, you are representing that they are complete and accurate in all respects, and that you are authorized to make purchases using those details. If TradeStream does not receive payment authorization or any authorization is subsequently cancelled, TradeStream may immediately terminate or restrict access to TradeStream content and may contact the issuing bank or payment provider or, if the circumstances warrant, law enforcement authorities. If you are entitled to a refund of subscription dues previously paid under these Terms and Conditions, we will credit the refund to the original payment source. If the payment source has expired, we will contact you (or, as the situation dictates and if the subscription is acquired with a corporate credit card, your employer/firm) for an alternative method.

Subscriptions are on a monthly or yearly recurring basis. Your subscription will continue until canceled by you, in which case you will stop paying periodic fees. If you cancel your subscription, your fee for the month or year in which the subscription is canceled will not be returned and you will retain access to TradeStream until the end of the applicable term. Following the end of the term your access to TradeStream will terminate.

In addition to the above subscription options, TradeStream offers a “referral link access” option. If this option is selected, you agree to register accounts with participating cryptocurrency exchanges utilizing “referral links” provided by TradeStream. The use of such referral links will be validated by TradeStream through read-only API key access. If it is determined that the API key registered with TradeStream for use with TradeStream products matches an account under which TradeStream referral links were registered, access to TradeStream will be provided free of charge until such time as TradeStream determines the referred account is no longer registered to your TradeStream account or has become inactive. TradeStream reserves the right to terminate your membership if it notices suspicious activity or if it believes you are abusing the referral link access membership in any way.

Prior to purchasing a subscription, or registering a “referral link” account, TradeStream may provide a free, seven-day “trial subscription” to new customers. Registering for a free trial may require providing payment information; to the extent collected, such information is for registration purposes only and you will not be charged during the seven-day trial period. At the end of the free trial period, customers must subscribe for a paid or “referral link” subscription in order to retain access to TradeStream. “Free trial” memberships are limited to one lifetime free trial per person. If, at TradeStream’s sole discretion, it is determined that you are abusing the “free trial” membership program, TradeStream may terminate your subscription without refund, and may permanently ban you from utilizing TradeStream.

You will use TradeStream in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use TradeStream to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by TradeStream; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; or (iii) use TradeStream for any fraudulent or inappropriate purpose.

TradeStream reserves the right to suspend or terminate your subscription if you breach these Terms and Conditions, with or without notice and without further obligation to you (including any refunds). If TradeStream terminates your subscription for other reasons and/or permanently ceases to maintain the TradeStream product, in the absence of exceptional circumstances, we will provide a pro rata refund to your payment method.

3. RESPONSIBILITY OF TRADESTREAM

TradeStream will work to develop and operate TradeStream with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware. TradeStream makes no other promises or guarantees with respect to the operation and performance of TradeStream products and the TradeStream website.

TradeStream is provided on an “as is” and “as available” basis. Please see the General Disclaimers of Warranties and Liability above for the implications of this to you.

TradeStream may utilize code in its products that was derived from a public repository; TradeStream make no warranties or representations of any kind with respect to any such code and accepts no responsibility for errors or TradeStream product malfunctions related to errors in, or changes to, such code within any repository.

To utilize TradeStream products, TradeStream requires you to provide TradeStream “read-only” API access to certain third-party accounts. TradeStream is not liable for any damages relating to such access, or for any losses incurred in the case a user provides more permissioned API access to such accounts (e.g., trading enabled API access).

Without limiting the above, TradeStream is not liable for matters beyond its commercially reasonable control. TradeStream does not control third-party communications networks (including your internet service provider), the internet, acts of god or the acts of third parties.

LIMITATIONS OF LIABILITY:

YOU AGREE THAT IF WE ARE IN BREACH OF THESE TERMS AND CONDITIONS, WE WILL ONLY BE RESPONSIBLE TO YOU FOR ANY DAMAGES THAT YOU INCUR DIRECTLY CAUSED BY YOUR USE OF TRADESTREAM (TO THE EXTENT THAT TRADESTREAM’S LIABILITY IS NOT OTHERWISE EXCLUDED BY THIS SECTION) AS FOLLOWS:

  • TRADESTREAM ACCEPTS NO RESPONSIBILITY TO YOU FOR ANY LOSS AS A RESULT OF YOU USING TRADESTREAM OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.
  • IF YOU ARE A PAID SUBSCRIBER, THEN TRADESTREAM MAY BE LIABLE TO YOU FOR DIRECT DAMAGES YOU ACTUALLY INCUR DIRECTLY CAUSED BY TRADESTREAM’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT DURING YOUR USE OF TRADESTREAM IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, SUBJECT TO A LIMIT EQUAL TO THE PRICE PAID BY YOU TO TRADESTREAM FOR YOUR SUBSCRIPTION DURING THE YEAR IN WHICH YOU INCURRED THE DAMAGE. AS AN ALTERNATIVE TO MONETARY DAMAGES, YOU MAY AT YOUR OPTION RECEIVE A RENEWAL TO YOUR SUBSCRIPTION FREE-OF-CHARGE FOR UP TO ONE YEAR. THE REMEDIES DESCRIBED HEREIN THIS SUBSECTION SHALL BE YOUR ONLY REMEDY.
  • IF YOU ARE NOT A PAID SUBSCRIBER, THEN TRADESTREAM ACCEPTS NO LIABILITY TO YOU FOR ANY LOSS OR DAMAGE YOU MAY INCUR AS A RESULT OF YOUR USE OF TRADESTREAM, WHETHER USED BY YOU IN ACCORDANCE WITH THESE TERMS AND CONDITIONS OR NOT.

THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY FOR THE BENEFIT OF TRADESTREAM, ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS.

TO THE FULL EXTENT PERMITTED BY LAW YOU ACKNOWLEDGE AND AGREE THAT OUR THIRD-PARTY CONTENT AND SERVICE PROVIDERS HAVE NO LIABILITY WHATSOEVER TO YOU IN RESPECT OF ANY OF THEIR SERVICES SUPPLIED AS PART OF TRADESTREAM CONTENT. YOU ALSO AGREE TO WAIVE, TO THE FULL EXTENT PERMITTED BY LAW, ANY RIGHT YOU MAY HAVE TO BRING LEGAL CLAIM AGAINST SUCH THIRD PARTIES ARISING FROM YOUR USE OF THEIR CONTENT OR DATA ON TRADESTREAM.

4. LINKS AND INTELLECTUAL PROPERTY

TradeStream may contain links to third-party websites. Those links are provided for convenience and informational purposes only, and are not to be construed as endorsement or recommendation of any third-party product or site. The information on third-party websites may be subject to additional terms, which should be understood by you prior to utilizing such websites.

The information and tools on the TradeStream website are owned, licensed, or controlled by TradeStream unless otherwise noted. Unless otherwise noted, all intellectual property (including trademarks, copyrights, trade names, service marks, logos, and other identifying features) are property of TradeStream. Information may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose. Information may be viewed and printed for personal, non-commercial purposes. Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

TradeStream does not provide any implied or express consent for others to link to the TradeStream website. Any party wishing to create a link to the TradeStream website is required to contact TradeStream to obtain written consent. TradeStream does not accept any responsibility for information available through any other website as a result of unauthorized linking.

5. PRIVACY

Please see our Privacy Policy for information relevant to how we protect your privacy.

6. COVENANTS BY YOU

By accessing this website, you agree to provide accurate information; not introduce into this site or any network/equipment supporting it (e.g., third party data storage providers) any virus, worm, harmful code, Trojan horse, or other disabling device; not to interfere with or disrupt this site or any network/equipment supporting it; and not to use the website to send or otherwise distribute junk mail, spam, chain letters, or other unsolicited materials for mass distribution. Any violation of these obligations is grounds for denying a user access to and use of this website, termination of any subscription without refund, and any other available remedies.

7. INDEMNIFICATION

You agree to indemnify and hold harmless TradeStream and its affiliates and their officers, directors, employees and agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) any noncompliance by you with the terms and conditions hereof; or (b) any third-party actions related to your receipt and use of the information, whether authorized or unauthorized.

8. OTHER GENERAL TERMS

If any clause of these Terms and Conditions is declared invalid by a court or otherwise, that clause shall be deemed severable and shall not affect the validity and enforceability of the remainder.

These Terms and Conditions shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions, and you agree that any disputes arising under these Terms and Conditions shall be settled by binding arbitration in accordance with the laws of the State of Delaware, and the award of the arbitrator shall be final, and judgment upon the award rendered may be entered in any court having jurisdiction. Arbitration will not impair the exercise of any termination rights of TradeStream under these Terms and Conditions.

II. PRIVACY POLICY

This Privacy Policy governs the manner in which TradeStream collects, uses, maintains and discloses information collected from users (each, a “User”) of the TradeStream website (“Site”). This privacy policy applies to the Site and all products and services offered by TradeStream.

1. PERSONAL IDENTIFYING INFORMATION

We may collect personal identification information from Users in several ways, including, but not limited to, when Users visit our site, register on the site, place subscription orders, fill out a form, and in connection with other activities, services, features or resources we make available on our Site, or through our affiliate relationships. Users may be asked for, as appropriate, name, email address, mailing address, phone number, and payment information (e.g., credit card information). We will collect personal identifying information from Users only if they voluntarily submit such information.

2. NON-PERSONAL IDENTIFYING INFORMATION

We may collect non-personal identifying information about Users whenever they interact with our Site. Non-personal identifying information may include 1) the browser name; 2) the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information; 3) product analytics and session recordings without collecting any sensitive information such as profit and loss, portfolio value, and API Keys, you may have the option to opt out this Section 2(3)

3. WEB BROWSER COOKIES

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If User does so, some parts of the Site may not function properly.

4. HOW WE USE USER INFORMATION

TradeStream may use collected user information for the following purposes:

  • To improve our ability to service Users: User information helps us respond to customer service requests and support needs more efficiently.
  • Personalizing User experience: We may use information in the aggregate to understand how our Users use the services and resources provided on our Site.
  • To improve the website: We may use feedback to improve our products and services.
  • To process payments: We use information provided when placing an order only to provide service to that order. Payment processing is done via Paddle and is maintained on their servers. We do not have direct access to or share this information with outside parties except to the extent necessary to provide the service.
  • To run a promotion, contest, or survey: We may utilize collected information to provide Users information they agreed to receive about topics that may be of interest to them.
  • To send periodic emails: We may use the email address to send User information and updates pertaining to their subscription. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, that User will receive emails containing information including, but not limited to, company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving some or all future emails, they may do so by contacting us via our Site or by changing their email settings.
  • Public Leaderboard: We may use profit and loss information, trading volume information, and other information to compose a public leaderboard, which may show top traders in terms of various metrics. Only anonymous usernames will be used in the public leaderboard. You have the option of adding your twitter username to the leaderboard if you're in the top 100. You may at any time contact the TradeStream team to remove this twitter username from the leaderboard.

5. HOW WE PROTECT USER INFORMATION

We will maintain safeguards to protect the security of your personally identifiable information to the extent stored by TradeStream. The majority of such information is housed by our third-party service providers on their servers and is subject to their respective Terms and Conditions and Privacy Policies. Online purchases made through our web site are processed securely by Paddle. When making a payment, we do not have access to your personal and credit card information.

6. SHARING YOUR PERSONAL INFORMATION

We do not sell, trade, or rent Users personal identification information to any third party. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates, and advertisers for the purposes outlined in Section 4 above. We use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as storing data, and sending out newsletters or surveys. We do not store any data relevant to trading or execution; all such data is stored by our third-party providers. We may share your information with these third parties for those limited purposes.

7. THIRD PARTY WEBSITES

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may constantly change. Additionally, these sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

8. ADVERTISING

Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy does not cover the use of cookies by any advertisers.

9. GOOGLE ADSENSE

Some of the ads that appear on our site may be served by Google. Google’s use of the DART cookie enables it to serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses “non personally identifiable information” and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/privacy_ads.html

10. CHANGES TO THIS PRIVACY POLICY

TradeStream has the discretion to update this Privacy Policy at any time, and such updates are effective immediately upon publishing on this website. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. Users acknowledge and agree that it is each User’s responsibility to review this Privacy Policy periodically and become aware of modifications.

11. YOUR ACCEPTANCE OF THESE TERMS

By using this Site, each User signifies their acceptance of this policy. If a User does not agree to this policy, that User should cease visiting this site and terminate any active subscriptions. A User’s continued use of the Site following the posting of changes to this policy will be deemed acceptance of those changes.

12. CONTACTING US

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us.