TradingBull, Inc.

Terms of Service & End User Agreement

TradingBull, Inc. (“Company”) will grant you an access to its Web Services (as defined below) and related website, platform and services located at TradingBull.io or any other Web addresses or similar resource locators as may be specified by the Company or identified by its logo (collectively, the "Website" or “Platform”), specifically and solely for the purposes of requesting and receiving Data (as defined below), Third Party Data (as defined below), Public data (as defined below), Client data (as defined below), and services under the related Subscription Plan (defined below) and Support Plan (defined below).

These Terms and Conditions (also "Agreement") shall govern the commercial relationship between you and us. Where used in this Agreement, references to: (a) "we", "our", "us", “company” means TradingBull, Inc. 651 N Broad St, Suite 206, Middletown, 19709, New Castle, Delaware, USA (IN: 3124988) and, as applicable, any of its directors, officers, shareholders, employees, advisors, contractors, subsidiaries and any of its affiliated corporate entities, and (b) "you”, "your(s)" and/or “customer” mean the individual, legal entity or affiliate to a legal entity who wishes to use our Services, Applications and Data. If you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement, in such event “you”, “your” and “customer” will refer to the company or legal entity you duly represent.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING THE CHECKBOX OR BY ACCESSING OR USING THE WEBSITE, PLATFORM, WEB SERVICES, DATA OR THIRD PARTY DATA, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PLATFORM, WEB SERVICES, DATA OR THIRD PARTY DATA AND YOU MAY NOT USE ANY OF OUR SERVICES AND/OR DATA.

Additional terms or service conditions may apply and be shown separately. These additional terms become part of your Agreement with us and all the policies made available to you therein must be followed. If you do not agree to all the terms and conditions of this Agreement, then you may not use any of our Services Applications and/or Data.

TradingBull, Inc. and its affiliates, reserve the right, at its sole discretion to modify, change, edit or remove portions or any parts of this Agreement and terms at any time. We will notify you about the changes to the term and conditions either by sending a notification to your contact e-mail, your Account or through our website and platform. Your continued use of our services, platform, website and/or data means that you have accepted and agreed to the changes.

Definitions and Interpretations

“Account” an account which is created through the Website or platform and used to access our Services, Applications and Data.

“Agreement” any standard terms imposed by us to regulate the commercial relationship between you and TradingBull, Inc, including these terms and conditions.

“Applications” a PC and mobile software application developed and owned by TradingBull, Inc that interacts with the Exchanges (including receives information about your transactions on such Exchanges), API Keys of which you have entered to the Application(s).

“API Key” a code that allows your Account to interact directly with your account(s) on the Exchange(s), including, but not limited to, place and cancel trading orders, set and cancel alerts, receive information on your account balance and trading activity, as preselected by you on the relevant Exchange s API setup.

“Exchange” a cryptocurrency exchange you are registered in that you use for trading cryptocurrencies.

“Fees” fees payable by you to us for the use of the Website, Services, Applications and Data in the amount and under the terms as indicated in the Subscription Plan or services you selected.

“Web Services” consist of a set of software programs, interfaces, and webpages running on computers hosted at Company sites or at third-party hosting facilities accessible via the Internet as described in this Agreement and the Website. Services can be subscribed/unsubscribed by customers for a fee.

“Data” means the prices and other market data that is (i) owned by Company and (ii) obtained by Company from exchanges and any other sources delivered to Customer via the Web Services or Platform and as described in this Agreement and on the Website.

“Third Party Data” means the prices and other data that is (i) not owned by Company and (ii) obtained by Company from exchanges and other sources delivered to Customer via the Web Services and as described in this Agreement and on the Website.

“Public Data” means any market data, prices, information on transactions and other data obtained by us from public sources, including exchanges, and other sources and delivered to you through the Services.

“Client Data” means any data obtained by us via the Applications about your transactions on the Exchanges (including, but not limited to, your account balance, trading activity, and account history, if applicable) and delivered to you through the Services.

“Data Owner” means a legal entity that holds ownership rights to some of the Data or Third Party Data (defined below) and is the original licensing source of such portion of the Data or Third Party Data when such portion of the Data or Third Party Data is not in the public domain. In cases of Third Party Data, Company has secured redistribution agreements with the Data Owner.

“Distinct Software Applications” means software applications that automate substantially different business products, services, processes or functions of Customer. Company reserves the right, in its sole discretion, to make a reasonable determination as to whether software applications that use the Web Services or the Data or Third Party Data constitute Distinct Software Applications.

“Data Exchange Format” means an electronic version of the Data or Third Party Data used for sharing the Data or Third Party Data between software applications, including but not limited to any application-programming interface (API), any database access, any network transmission format and any data file format. Company reserves the right, in its sole discretion, to determine if a particular electronic version of the Data or Third Party Data constitutes a Data Exchange Format.

“Subscription Plan” means all the subscription plans selected by the Customer in connection with the purchase of the use of the Web Services, Data and Third Party Data. The Company posts the available subscription plans and the specific use of the Web Services, Data and Third Party Data provided by each subscription plan on the Website, as they may be updated by the Company from time to time. The current subscription plans offered with respect to the Web Services are located at pricing.

“Support Plan” means the Support Plan selected by you (the Customer) in connection with the purchase of the use of the Web Services, Data, and Third Party Data. The Company posts the available support plans and specific service levels provided by each support plan on the Website, as they may be updated by the Company from time to time. TradingBull, Inc uses AWS Cloud Platform for storing user subscription data. AWS Cloud Platform participates in the EU-US Privacy Shield framework.

Registration

In order to access the Website, Web Services, Data and Third Party Data, You must register to create an account (“Account”). During the registration process, you will be required to provide certain information such as your real name and full personal and/or company registration information and you will decide of a password. You agree to provide accurate, up-to-date and complete information during the registration process and to update such information to keep it accurate, updated and complete. Company reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not updated or incomplete. TradingBull, Inc or its affiliates reserve the right to accept or reject your Account registration request without additional explanation. Registering an Account implies full and total acceptance of all our policies, including these terms and conditions.

In order to start placing trade orders, you need to sign in and/or download and install Application and enter your API keys (to the Exchanges you use) in the Application and/or platform.

You are responsible for safeguarding your password and the confidentiality of the information held in your Account as well as any activities occurring in your account as a result of you failing to keep this information secure and confidential. 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. You will immediately notify TradingBull, Inc in case of any unauthorized use of your Account.

Transferability

You may not sell, rent or transfer your Account to anyone without our explicit written permission and you may not use or borrow anyone else’s Account or password at any time without the express permission and consent of the holder of that Account.

Compliance

In case we find at our sole discretion that there is a threat that you are engaging in any suspicious activity, you have provided inaccurate or incomplete information during the registration process or thereafter, you have violated the Agreement or it is necessary for security reasons, we may temporarily suspend your Account until the cause for suspending your Account has been eliminated; or if that cannot be eliminated or you refuse or fail to eliminate it, terminate the Agreement and block your Account. For security reasons we may in addition block your access to the entire Website. You agree that we will not be liable to you or to any third party for termination of your access to your Account and/or the Website as a result of any violation of the Agreement by you.

Free access

Following the successful registration of the Account, you will be provided with a limited use, free trial of the Website, Platform, Services and Data during an unlimited period of time, unless a different period has been granted by us. The limitations of the Free access are established entirely at our discretion and may be altered or modified at any time. The Free access is offered only upon your Account registration and your acceptation of this agreement.

Subscription plan, credits, fees, payment terms and paid services

If you wish to access additional services and extended usage of the platform, access to the Site, Web Services, Data and Third Party Data you may be asked to purchase a Subscription Plan for any additional services and a Support Plan for continued use of the website, Web Services, Data and Third Party Data. Upon selection and purchase, access to the Website, Web Services, Data and Third Party Data will be provided in accordance with the terms of the specific Subscription Plan and related services selected by the Customer via the platform, website or mobile application.

You will pay us the Fees regarding each subscription prior to the subscription term as specified in your Subscription Plan via the means of payment available on the Website. You irrevocably authorize us to charge the Fees from your credit card if such payment method is made available on the Website and has been selected by you. Once paid, Fees are non-refundable. You hereby irrevocably waive your right to a refund on Fees paid to us both during termination, and after expiration of the Agreement, unless otherwise is provided in the Agreement.

In the specific situation in which you chose to buy and refill your account with credits in advance and therefore use your available credits’ balance to pay subscription and renewal fees, credits will be automatically deducted from your balance after each subscription terms unless you explicitly unsubscribed to the services before the end of the term. Specific rules around credits and refund policy can be find at www.tradingbull.io/credits.

Subscription Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). Customer shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Company’s net income.

Company will notify Customer in writing should Customer exceed its limits associated with a Web Service over a one (1) day period. Upon notification, Customer will have one (1) day to comply with its current Web Service limitation. Should Customer continue to exceed its Web service limit, Company will upgrade Customer’s current Web Service level to accommodate the higher volumes and adjust the Subscription Fee accordingly. Should Customer decline to accept the adjustment, Company can terminate the agreement in accordance with the Terms & Termination.

Subscription Fees are non-refundable. Customer waives their right to a refund on Subscription Fees both during on Termination, and after expiration of Agreement.

Licenses & Data

Web Services License. Subject to Customer’s compliance with the terms and conditions of this Agreement, Company grants to Customer a limited, non-exclusive, non-transferable, license to access and use the Web Services solely for its business purposes. This Agreement governs Customer’s access to and use of the Web Services and the Website. Customer acknowledges and agrees that but for this Agreement, Customer would have no rights or access to the Web Services and the Website.

Rights in Data License

Subject to Customer’s compliance with the terms and conditions of this Agreement, Company grants to Customer a limited, non-exclusive, non-transferable, license to access and use the Data and Third Party Data available via the Web Services solely for its personal purposes. In addition, any Third Party Data may be subject to restrictions of use and require additional license agreements with the Data Owner. While Company may, in its sole discretion, offer administrative assistance to Customer in obtaining such additional licenses, Customer is solely responsible for obtaining all required license agreements with each Data Owner pursuant to Customer’s use of such Third Party Data. If Customer does not obtain a required license agreement for any portion of the Third Party Data and as such is in violation of the Data Owner’s licensing requirements, Company may terminate access to the unlicensed portion of Third Party Data until Customer obtains such license agreements with the Data Owner.

Proprietary Rights

Subject to the limited rights expressly granted hereunder, Customer acknowledges that the Data, Web Services, Website, and/or any developments to the Data, Web Services, and Website that result from services provided to Customer hereunder are proprietary in nature and owned exclusively by Company. The Data, Third Party Data, the Web Services, as well as the Developments are to be used exclusively as described herein.

The services provided to the Customer and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, data, third party data, web services and all Intellectual Property Rights related thereto, are the exclusive property of TradingBull, Inc. and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible from the services. Use of TradingBull’s Historical Data or materials for any purpose not expressly permitted by this Agreement is strictly prohibited. TradingBull’s Historical Data has been obtained and developed in a unique proprietary manner that cannot be redistributed without the exclusive written permission of TradingBull, Inc. Any unpermitted use or redistribution of TradingBull’s Historical Data will result in the termination of the Customer’s account and legal action will be taken by TradingBull y, Inc. to the fullest extent of the law to protect said proprietary product.

All website, product and services content as text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such content, contained on the Website is owned, controlled or licensed by us, and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws. Applications are owned, controlled or licensed by company, and are protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.

No part and no content may be copied, reproduced, republished, posted, publicly displayed, encoded, translated, transmitted or distributed in any way for publication or distribution of for any commercial enterprise, without our express written consent.

You may use information about our Services purposely made available by us for downloading from the Website, provided that you use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or to any our server, or to any of the Services offered on or through the Website, by hacking, password brute- forcing or any other illegitimate means.

You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other our customer, including any Account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You may not use the Website or any its content, Services, Applications and/or Data for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity, which infringes our or others rights.

Restrictions on the Web Services

Customer may use the Web Services solely with any software application owned or licensed by Customer. Customer may not use, adapt, modify, redistribute, sublicense, sell or otherwise make available any portion of the Web Services for use by software applications not owned or licensed by Customer. Neither party will attempt to access, tamper with, or use non-public areas of the other party’s website, computer systems, or the technical delivery systems of the other party’s Companys. Neither party will attempt to probe, scan, or test the vulnerability of any of the other party’s systems or networks or breach any of the other party’s security or authentication measures.

Security Policy

By using Website, Services or Applications you signify your acceptance of our security policy available on the Website at tradingBull.io/security.

Support Services

Company will provide support to Customer related to the Web Services in accordance with the provisions of the Support Plan Customer selects upon purchase to use the Web Services for the duration of this Agreement. Support services may include the following: (i) assistance with the proper use of the Web Services, and (ii) programming to correct any demonstrated errors in the Web Services necessary to enable the Web Services to operate in accordance with the service levels specified in the Support Plan.

Customer Responsibilities

Customer will promptly report any errors in the operation of the Web Services to Company and will not take any actions that would increase the severity of the error. Customer will use the Web Services solely as described herein. In the event that Customer violates any of the requirements of this Section, Company will have no responsibility to provide Support.

Enhancements & Modifications

Company will provide to Customer enhancements or modifications (“Updates”) to the Web Services as they become available. Customer acknowledges that additional Subscription Fees may be charged for the use of Updates, and that Company has sole discretion in identifying which Updates require the payment of additional Subscription Fees. Company acknowledges that Customer has sole discretion in deciding to use Updates and is only responsible for additional Subscription Fees for those Updates that Customer decides to use. Should Customer decide to use Updates that require additional Subscription Fees, then new Subscription Fees for Customer’s use of the Web Services shall be (i) as described and/or as selected by You via the Website in connection with purchase to use the Web Services, Data and Third Party Data or (ii) negotiated between You and Company by creating an addendum to this Agreement. Company agrees and acknowledges that Customer has spent time and resources to integrate the Web Services into Customer’s computer systems.

Warranties, Indemnity & Limitation of Liability

Indemnification by Company. Company agrees to defend (or settle), indemnify and hold Customer, its employees, directors and officers harmless from and against any and all liabilities, losses, damages, or expenses (including court costs and reasonable attorneys fees) in connection with any third party claim that the Web Services, Data or Third Party Data infringe or misappropriate any Intellectual Property Rights (defined below) of any third party, only to the extent the liabilities, damages, or expenses result from use of the Web Services that is within the scope of this Agreement, provided that Customer does not make any admission of Company guilt without Company’s prior written approval and provided that Customer gives Company (i) prompt written notification of the claim or action, (ii) sole control and authority over the defense or settlement thereof, and (iii) all reasonably available information, assistance and authority to settle and/or defend any such claim or action. As used in this Section, “Intellectual Property Rights” specifically includes, without limitation, any patent, copyright, trade mark, trade name, trade dress, trade secret, service mark, service name, title, slogan, proprietary process, or any other intellectual property right.

Indemnification by Customer

Customer agrees to defend (or settle), indemnify and hold Company, its employees, directors and officers harmless from and against any and all liabilities, losses, damages, or expenses (including court costs and reasonable attorneys fees) in connection with any third party claim that the Customer’s use of the Web Services or Data in violation of this Agreement infringes or misappropriates any Intellectual Property Rights of any third party, provided that Company does not make any admission of Customer guilt without Customer’s prior written approval and provided that Company gives Customer (i) prompt written notification of the claim or action, (ii) sole control and authority over the defense or settlement thereof, and (iii) all reasonably available information, assistance and authority to settle and/or defend any such claim or action.

Warranty Disclaimers

NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY.

Accuracy of Data & Third Party Data

COMPANY MAKES NO WARRANTY REGARDING THE DATA, THIRD PARTY DATA OR ANY OTHER INFORMATION PURCHASED OR OBTAINED THROUGH COMPANY’S WEBSITE AND/OR THE WEB SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY DATA, THIRD PARTY DATA OR OTHER INFORMATION OBTAINED THROUGH COMPANY’S WEBWEBSITE AND/OR THE WEB SERVICES.

Limitation of Liability

UNLESS OTHERWISE PROVIDED HEREIN, IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO CUSTOMER AND ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER’S ACCESS TO OR USE OF THE WEB SERVICES EXCEED THREE (3) MONTHS PRORATED SUBSCRIPTION FEES, REGARDLESS OF THE FORM OR THEORY OF THE CLAIM OR ACTION. COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR RELIANCE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR ANY DAMAGES RESULTING FROM ANY INTERRUPTION OR DISRUPTION IN COMMUNICATIONS OR SERVICES, UNAVAILABILITY OR INOPERABILITY OF SERVICES, TECHNICAL MALFUNCTION, LOST DATA, OR LOST PROFITS, EVEN IF COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILTY OF OR COULD HAVE REASONABLY PREVENTED SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Miscellaneous Provisions

Excusable Delays. Any delay in performance of any provision of this Agreement caused by conditions beyond the reasonable control of either party will not constitute a breach of this Agreement, provided that the delaying party has taken reasonable measures to notify the affected party of the delay in writing and uses reasonable efforts to perform in accordance with this Agreement notwithstanding such conditions. The delayed party’s time for performance will be deemed extended for a period equal to the duration of the conditions beyond its control. Conditions beyond a party’s reasonable control include, but are not limited to, natural disasters, acts of government, acts of terrorism, power failures, major network failures, fires, riots, and acts of war (collectively, “Excusable Delays”).

Compliance with Laws & Policies

The parties hereby agree to abide by and comply with all applicable local, state, national, and international laws and regulations (including applicable laws that pertain to the transmission of technical data, privacy, the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property).

Controlling Law

The parties agree the laws of the State of Delaware, excluding conflict of laws provisions, will govern this Agreement and all matters arising out of or related to this Agreement. The parties submit to the jurisdiction of the courts of the State of Delaware. The parties expressly agree to venue in the state and federal courts located in Delaware and waive any objection based on personal jurisdiction.

Entire Agreement and Severability

This Agreement, including the Subscription Plan and Support Plan, as amended from time to time according to its terms, shall constitute the entire agreement between Customer and the Company respecting the Website, the Web Services, the Support, the Data, and the Third Party Data described herein, and shall supersede all prior agreements, arrangements, representations or promises, whether oral or written, as to its subject matter. This Agreement may be amended only in a written agreement that is duly executed by authorized representatives of the parties.

Force Majeure

The Company and their respective affiliates shall not be deemed to be in default of any provision hereof or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, civil or military authority, civil disturbance, war, terrorism, strikes, fires, other catastrophes, power or telecommunications failure or any other cause beyond its reasonable control.

Waiver

No waiver by either party of any default by the other in the performance of any provisions of this Agreement shall operate as a waiver of any continuing or future default, whether of a like or different character.

Assignment

Neither party may assign this Agreement without prior written consent unless in connection with a merger or acquisition of either party.

Severability

If any provision of this Agreement (or any portion thereof) shall be invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby.

Relationship Between the Parties

Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf without such other party’s prior written consent.

No Third-Party Beneficiaries

This Agreement is intended for the sole and exclusive benefit of the signatories and is not intended to benefit any third party. Only the parties to this Agreement may enforce it.

Notices

The parties may give notice to each other via email, fax or certified mail. Notices sent to Company should be directed to support@tradingbull.io. Notices sent to Customer will be sent to Customer at the email address provided during registration to use the Web Services. Website and email notices shall be considered received by you within 24 hours of the time posted or sent.

Additional support and complaints

Should you have any further questions with regards to TradingBull's terms of service, please feel free to reach out to support@tradingbull.io. We're happy to hear from you.

Our support team will get back to you within 48 working hours. If your inquiry requires a more detailed answer, it might take up to 30 working days for processing your request.