Terms of Service

1. Acceptance of Terms & Eligibility

These Terms of Service ("Terms") constitute a binding legal agreement between you ("User," "you," or "your") and the operators of TradeConsole ("TradeConsole," "we," "us," or "our") governing your access to and use of the TradeConsole web application, APIs, automation engines, and related features (collectively, the "Service"), including at https://staging.tradeconsole.app/tos.

By signing in, connecting a brokerage account, or otherwise using the Service, you affirm that: (a) you are at least eighteen (18) years of age and have full legal capacity to enter into these Terms; (b) you have read and agreed to these Terms and our Privacy Policy (https://staging.tradeconsole.app/privacy); and (c) your use of the Service complies with all laws, regulations, and brokerage agreements applicable to you. If you do not agree to every provision of these Terms, you must not access or use the Service.

2. Nature of the Service — No Investment, Brokerage, or Tax Advice

• Software Interface Only: TradeConsole provides a technical dashboard and user-configurable execution workflow layer that communicates with third-party brokerage APIs using credentials supplied and controlled by you.
• No Advisory or Fiduciary Relationship: We do not manage portfolios, exercise discretionary trading authority, custody assets, clear or settle trades, or evaluate the suitability of any security, strategy, or parameter for your financial situation.
• Informational Analytics & Calculators: Features such as Smart Limit reference prices (NBBO, VWAP, ATR-based offsets), Cash Sweep reserve estimates, Smart Security Swaps, Tax-Loss Harvesting (TLH) candidate scans, and 30-day rolling wash-sale proximity indicators are purely mathematical calculations derived from market/broker data and user-chosen inputs. They may be incomplete—for example, wash-sale rules under IRC § 1091 apply across all accounts you, your spouse, or controlled entities hold (including unlinked accounts and IRAs) and cover "substantially identical" securities that automated ticker matching cannot exhaustively determine. Always consult a qualified tax professional or financial advisor before acting.

3. Self-Directed Execution, Automation & User Responsibility

When you submit manual orders or configure automated features—including Smart Execution, 2-Leg Security Swaps, Automated Cash Sweeps, Recurring Trade Rules, and Smart Accumulation / Trimming Campaigns (whether in Plan-First, Auto-Execute on Launch, or Auto-Schedule mode)—you acknowledge and agree that:

• Every order, slice, repricing step, cancellation, and schedule is initiated solely at your direction and according to parameters you specify;
• You are solely responsible for reviewing and verifying ticker symbols, sides (buy/sell), quantities, notional amounts, limit/stop prices, trading sessions (regular vs. extended hours), account selection (Live vs. Paper), buying power, margin impact, settlement rules (including Good Faith Violations / free-riding), and Pattern Day Trader (PDT) restrictions;
• Automated background tasks (such as scheduled sweeps, recurring runs, order repricing, or campaign cleanup on deletion) operate on a best-effort basis and may be delayed, skipped, interrupted, or rejected due to cloud container scaling/restarts, broker API rate limits or downtime, expired OAuth tokens, network latency, halts, or illiquid market conditions; and
• You remain responsible at all times for monitoring your accounts directly through your official brokerage portal or mobile app and cancelling or modifying any open orders directly with your broker if TradeConsole is unavailable.

4. Third-Party Brokerages & Market Data Disclaimers

• No Affiliation: TradeConsole is an independent software platform and is not affiliated with, endorsed by, or sponsored by Charles Schwab & Co., Inc., Alpaca Securities LLC, Robinhood Financial LLC, Interactive Brokers LLC, Google LLC, or any securities exchange or market data vendor.
• Broker Agreements Govern Execution: All order acceptance, routing, execution quality, margin lending, short-sale locate requirements, corporate actions, custody, SIPC/FDIC coverage, and official tax reporting (e.g., Form 1099-B) are governed exclusively by your separate agreements with your respective brokerage firms.
• Market Data As-Is: Quotes, NBBO spreads, intraday bars, yields, and unrealized P/L figures displayed in TradeConsole are sourced from third-party feeds (such as IEX, SIP, or connected broker APIs), may be delayed or inaccurate, and must not be relied upon as guaranteed execution prices.

5. Acceptable Use Policy & Strict Anti-Misuse Rules

You agree to use TradeConsole lawfully and solely for your own authorized accounts. You strictly agree NOT to:

• Connect, access, or trade on any brokerage account that you do not lawfully own or hold documented legal trading authority over;
• Operate TradeConsole as an unlicensed investment fund, money transmitter, broker-dealer, or commercial sub-advisory service for third parties, or resell, lease, or sublicense access to the Service;
• Engage in any manipulative, deceptive, or unlawful trading practices, including spoofing, layering, wash trading, market manipulation, front-running, or insider trading in violation of SEC, FINRA, CFTC, or exchange rules;
• Attempt to bypass, probe, disable, or circumvent authentication controls, per-user tenant isolation, sliding-window rate limits, user onboarding capacity limits, CSRF protections, or risk guardrails;
• Use bots, scrapers, stress-testing scripts, or unauthorized automation against TradeConsole's web endpoints or infrastructure, or introduce malware, malicious payloads, or forged headers; or
• Misrepresent your identity or submit abusive, unlawful, or unredacted third-party confidential data through feedback or diagnostic channels.

6. Account Security, Membership Tiers, Quotas & Suspension

• Credential Safeguards: You are responsible for safeguarding your Google account (including maintaining multi-factor authentication) and ensuring that any brokerage API keys you generate have appropriate permissions. You must immediately disconnect credentials and notify us if you suspect unauthorized access.
• Tiers, Rate Limits & Maintenance Mode: Access to features and API request throughput is governed by assigned membership tiers (e.g., FREE, PRO, ULTRA) and onboarding capacity limits. We may modify tier quotas, enable temporary read-only Maintenance Mode, or deprecate experimental features at any time without liability.
• Immediate Suspension / Termination: We reserve the sole and absolute right to throttle, suspend, or permanently terminate your access to TradeConsole immediately, with or without prior notice, if we reasonably believe you have violated these Terms, triggered abusive API traffic, or posed a security, operational, or legal risk.

7. Intellectual Property

All software, user interfaces, brand assets, logos, designs, and documentation comprising TradeConsole are owned by TradeConsole and its licensors and are protected by applicable intellectual property laws. Subject to your continuous compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your internal, self-directed portfolio workflows.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL DATA, ANALYTICS, AUTOMATION ENGINES, AND CONTENT ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ORDERS WILL BE PLACED, REPRICED, CANCELLED, OR FILLED AT ANY PARTICULAR TIME OR PRICE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRADECONSOLE, ITS CREATORS, OPERATORS, AFFILIATES, CONTRIBUTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY: (A) TRADING LOSSES, LOST PROFITS, LOST CAPITAL, UNINTENDED POSITIONS, DUPLICATE OR MISSED ORDERS, SLIPPAGE, MARGIN CALLS, LIQUIDATIONS, BROKERAGE FEES, DISALLOWED WASH-SALE LOSSES, OR TAX PENALTIES; OR (B) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CASES, THE TOTAL AGGREGATE LIABILITY OF TRADECONSOLE AND ITS OPERATORS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL FEES ACTUALLY PAID BY YOU TO TRADECONSOLE FOR USE OF THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) FIFTY U.S. DOLLARS ($50.00).

10. Indemnification

You agree to defend, indemnify, and hold harmless TradeConsole, its creators, operators, affiliates, and service providers from and against any and all claims, liabilities, damages, losses, regulatory inquiries, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or connected with: (a) your use or misuse of the Service; (b) any orders, trades, campaigns, sweeps, or brokerage actions executed through your account; (c) your breach of these Terms or any brokerage/third-party agreement; or (d) your violation of any applicable law, tax rule, or securities regulation.

11. Dispute Resolution, Binding Arbitration & Class-Action Waiver

• Informal Resolution First: Before initiating formal proceedings, you agree to submit a written notice describing any dispute and allow thirty (30) days for good-faith informal resolution.
• Binding Individual Arbitration: Except for small-claims court actions or claims seeking injunctive relief to protect intellectual property or prevent unauthorized system access, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively by final and binding individual arbitration administered under the Commercial or Consumer Arbitration Rules of the American Arbitration Association (AAA).
• Class-Action & Jury Trial Waiver: YOU AND TRADECONSOLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. BOTH PARTIES WAIVE ANY RIGHT TO A TRIAL BY JURY.

12. Governing Law, Severability & Modifications

• Governing Law: These Terms are governed by the laws of the State of California and applicable federal laws of the United States, without regard to conflict-of-law principles.
• Changes to Terms: We may revise these Terms from time to time by posting the updated version at https://staging.tradeconsole.app/tos and updating the Effective Date above. Continued use of the Service after an update constitutes acceptance of the revised Terms.
• Severability & Entire Agreement: If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum permissible extent and the remaining provisions shall remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and TradeConsole regarding the Service.