These Terms of Service ("Terms") govern your access to and use of the website tradeperformanceapp.com and the TradePerformance application (collectively, the "Service"), operated by TradePerformance Analytics Corp. ("TradePerformance", "we", "us", or "our"), a corporation incorporated under the laws of Canada.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
You must be at least 18 years of age to use the Service. By using the Service, you represent that you meet this requirement.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
To access certain features of the Service, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at hello@tradeperformanceapp.com if you suspect unauthorized use of your account.
We reserve the right to suspend or terminate accounts that violate these Terms or that are inactive for an extended period, with prior notice where reasonably practicable.
Upon purchase, TradePerformance grants you a personal, non-exclusive, non-transferable, limited license to access and use the Service for your own personal or professional trading journal purposes. This license is contingent on your compliance with these Terms.
Your one-time purchase grants you access to the version of the Service purchased and all subsequent updates and improvements made to the Service during its active development, at no additional charge. This does not constitute a guarantee that the Service will be maintained indefinitely.
The license does not permit you to: share your account with others, use the Service on behalf of third parties as a service bureau, or sublicense your access.
Payment is processed through Stripe. By completing a purchase, you agree to Stripe's terms of service. All prices are in US dollars unless otherwise indicated.
Due to the digital nature of the Service, all sales are generally final. However, if you experience a material defect or the Service is substantially non-functional, please contact us within 14 days of purchase and we will work to resolve the issue or provide a refund at our discretion.
Early access waitlist membership is free and carries no financial commitment.
You retain full ownership of all trading data, journal entries, notes, and content you create or import through the Service ("Your Content"). We do not claim any ownership over Your Content.
By using the Service, you grant TradePerformance a limited, non-exclusive license to store, process, and display Your Content solely as necessary to provide the Service to you.
You are responsible for ensuring you have the right to upload any data you import, including trade data exported from third-party platforms.
The Service, including its design, code, features, branding, and all content created by TradePerformance (excluding Your Content), is owned by TradePerformance Analytics Corp. and is protected by Canadian and international copyright, trademark, and other intellectual property laws.
"TradePerformance" and associated logos are trademarks of TradePerformance Analytics Corp. You may not use our trademarks without prior written permission.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRADEPERFORMANCE DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TradePerformance does not warrant that the Service will be uninterrupted, error-free, or free of harmful components. We do not provide financial advice. The Service is a journaling and analytics tool only — nothing in the Service constitutes investment, trading, or financial advice.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRADEPERFORMANCE, ITS DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR TRADING CAPITAL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
Our total liability to you for any claims arising from these Terms or the Service shall not exceed the amount you paid for the Service in the twelve months preceding the claim.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.
You agree to indemnify and hold harmless TradePerformance Analytics Corp. and its directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, Your Content, or your violation of these Terms.
You may stop using the Service at any time. We may suspend or terminate your access to the Service at any time for violation of these Terms, with notice where reasonably practicable.
Upon termination, your license to use the Service ends. We may retain Your Content for a reasonable period to allow you to export your data, after which it may be deleted.
These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of British Columbia, Canada.
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Continued use of the Service after changes constitutes acceptance of the new Terms.
For questions about these Terms: