Introduction
Welcome to TradingDocs.AI. These Terms of Service ("Terms") govern your access to and use of the TradingDocs.AI website and services (collectively, the "Services"), so please read them carefully before using the Services.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
Definitions
Throughout these Terms, we may use certain terms as defined below:
- "TradingDocs.AI" (or "we," "us," or "our") refers to Trackon Software Inc. and its subsidiaries, affiliates, officers, directors, employees, agents, and contractors.
- "User" (or "you" or "your") refers to any individual or entity that accesses or uses the Services.
- "Account" refers to your registered account on the TradingDocs.AI platform.
- "Content" refers to any information, data, text, documents, software, communications, images, sounds, or other materials that are uploaded, transmitted, processed, or otherwise handled through the Services.
- "Subscription" refers to your paid access to the Services based on the plan you select.
Account Registration
To use certain features of the Services, you must register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update this information to keep it accurate, current, and complete.
You are responsible for safeguarding the password that you use to access the Services. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.
We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with these Terms.
Subscriptions and Payments
Subscription Plans
We offer various subscription plans for our Services, including monthly and annual subscription options. The features included in each subscription plan are described on our pricing page. We reserve the right to modify, terminate, or otherwise amend our offered subscription plans at any time.
Payments
You agree to pay all fees associated with your subscription plan. All fees are in U.S. dollars and are non-refundable except as expressly provided in these Terms. You authorize us to charge your designated payment method for all fees related to your subscription.
If your payment cannot be completed, we may suspend or terminate your account until payment is received. We may change our fees and payment terms at any time, and such changes will apply to your next billing cycle.
Free Trial
We may offer a free trial period for certain subscription plans. At the end of the trial period, you will be automatically charged for the subscription unless you cancel before the trial expires. You can cancel your subscription at any time through your account settings.
Taxes
All fees are exclusive of taxes, which may be charged to you based on applicable laws. You are responsible for all taxes associated with your use of the Services, excluding taxes based on our net income.
Use of Services
Acceptable Use
You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any applicable local, state, national, or international law or regulation;
- To transmit, upload, or process any material that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
- To impersonate or attempt to impersonate TradingDocs.AI, a TradingDocs.AI employee, another user, or any other person or entity;
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services;
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services are stored, or any server, computer, or database connected to the Services;
- To attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Usage Limits
Your subscription plan includes certain usage limits, such as the number of pages processed per month and storage space. If you exceed these limits, we may charge you for additional usage or limit your access to the Services until the next billing cycle.
Service Modifications
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any such modifications, suspensions, or discontinuations.
Content and Data Rights
Your Content
You retain all rights to the Content that you upload, transmit, or process through the Services. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your Content solely for the purpose of providing the Services to you.
You represent and warrant that:
- You own or have the necessary rights to your Content and the right to grant the license described above;
- Your Content does not violate the privacy rights, publicity rights, copyright, contractual rights, or any other rights of any person or entity;
- Your Content does not contain any material that solicits personal information from anyone under 18 years of age or that exploits anyone in a sexual or violent manner;
- Your Content does not violate any applicable laws, regulations, or obligations.
Data Security and Privacy
We take reasonable measures to protect your Content from unauthorized access, use, or disclosure. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
Our collection and use of personal information in connection with the Services is governed by our Privacy Policy.
Document Retention
We may retain your Content for a reasonable period after the termination of your account for backup, archival, or audit purposes. After this period, we will delete your Content from our active systems, although residual copies may remain in our backup systems for a limited period.
Intellectual Property Rights
TradingDocs.AI Property
The Services, including all software, designs, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and documentation, are the property of TradingDocs.AI or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as permitted by these Terms.
Trademarks
The TradingDocs.AI name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Trackon Software Inc. or its affiliates or licensors. You may not use such marks without the prior written permission of TradingDocs.AI.
Feedback
If you provide us with any feedback or suggestions regarding the Services, you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such feedback for any purpose without compensation to you.
Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
You may terminate your account at any time by canceling your subscription through your account settings or by contacting our customer support. Upon termination, your right to use the Services will immediately cease.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO GUARANTEES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED THROUGH THE SERVICES OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES.
Limitation of Liability
IN NO EVENT WILL TRADINGDOCS.AI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Indemnification
You agree to defend, indemnify, and hold harmless TradingDocs.AI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal or state courts located in San Francisco County, California.
Arbitration
Any dispute arising from these Terms shall be resolved through binding arbitration in San Francisco, California, under the rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator, and the award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Changes to Terms
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Miscellaneous
Entire Agreement
These Terms, together with any documents they expressly incorporate by reference, constitute the entire agreement between you and TradingDocs.AI regarding your use of the Services.
Waiver
No waiver by TradingDocs.AI of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TradingDocs.AI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Assignment
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.