1. General Overview

This website and the services offered herein are owned and operated by Proteryx ("we" or "us"). By using this website and associated services (the "Site"), you ("User" or "Customer") agree to be bound by these Terms of Service, our Privacy Policy, and any additional terms that may apply to specific sections of the Site or services provided by Proteryx. Accessing the Site in any manner constitutes agreement to these Terms.

Proteryx is your all-in-one trading hub, allowing you to analyze the markets, execute orders directly through your brokers, and manage everything from one powerful Trade Desk. Built by traders for traders, Proteryx was designed from the ground up to address the frustrations of existing platforms.

Proteryx is a trading technology platform that enables Users to connect their brokerage accounts with automated trading strategies. Proteryx does not execute trades directly but facilitates the replication of selected strategies in Users' brokerage accounts.

PROTERYX DOES NOT OFFER ALERTS OF ITS OWN, NOR DOES PROTERYX EXECUTE ANY TRADES ITSELF, NOR DOES PROTERYX GUARANTEE TRADES WILL BE EXECUTED AT ANY PARTICULAR TRADE PRICE, NOR DOES IT CONTROL BROKERS, BROKERAGE FIRMS, OR ANY OTHER INDIDIVUAL, ENTITY, PRODUCT, SERVICE, OR OTHER THIRD-PARTY AS IT RELATES TO EXECUTED TRADES. PROTERYX MERELY PROVIDES A METHOD FOR A PROTERYXUSER TO CONVERT AN ALERT IN THEIR TRADING SOFTWARE INTO AN ORDER IN THEIR BROKER/BROKERAGE FIRM VIA SUPPLIED USER INFORMATION.

Additionally, Proteryx provides a broker- and platform-agnostic abstraction layer that allows Users to connect their preferred third-party trade alerting platforms or systems to their brokerage of choice via the intermediary Proteryx system. A “Signal” is a standardized JSON request submitted to a specific webhook endpoint generated by Proteryx in response to the user configuring a new brokerage connection. Upon receiving a Signal, Proteryx validates the request, transliterates the JSON package into the preferred format of the selected brokerage, and forwards it to the brokerage via direct API connection or webhook. Proteryx does not execute trades itself, guarantee trade execution at any specific price, or control brokers, brokerage firms, or any third parties.

PROTERYX, in service of its Purpose, offers web-based tools to enable users to connect third-party trading platforms to third-party brokerage platforms via the intermediary PROTERYX platform (collectively, the “Services”). By connecting your brokerage account to PROTERYX, you agree that you understand this connection will make available certain content (the “Content”) to PROTERYX. This content includes, without limitation: (1) account positions, balances, transactions, confirmations, and order history; (2) market data such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations; (3) any other information available to PROTERYX via your broker’s API. PROTERYX will only use data it has access to for the purpose of processing user Signals and for no other purpose unless expressly authorized by you. These Terms of Service may be updated by PROTERYX at any time without notice to you.

PROTERYX may make changes to the Services or any applicable prices at any time without notice. These Terms of Service may be altered or superseded by designated legal notices described on certain website pages. PROTERYX retains the right to modify or eliminate, for any length of time, the Services or any portion thereof, at any time and without notice. By using, downloading, purchasing, or otherwise accessing the Services you agree that PROTERYX shall not be liable to you or any third-party because of any modification or elimination of the Services. By accessing, purchasing, downloading, or otherwise using the Services, you are agreeing to be bound by these Terms of Service and all future modifications thereof. If you do not agree to be bound by these Terms of Service, you must cease all use of the Services.

Your use of the Services and PROTERYX’s Site indicates that you represent that: You are eighteen (18) years of age or older and can legally enter into and form contracts; and by using or otherwise accessing the Services, you expressly agree that: PROTERYX has offered the Services in reliance upon the warranty disclaimers, releases, and limitations of liability contained herein; These warranty disclaimers, releases, and limitations of liability reasonably and fairly allocate risk between you and PROTERYX; and these warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and PROTERYX, and that without such warranty disclaimers, releases, and limitations of liability PROTERYX would be unable to provide the Services to you. These Terms of Service are in addition to any other agreements between you and PROTERYX, including any customer or account agreements and any other agreements that govern your use of software, products, goods, services, content, tools, and information provided by PROTERYX.

2. Services Provided

In order to use certain features, participate in promotions, or receive/use some Services, Proteryx may require you to agree to additional rules, policies, or other conditions (collectively, “Conditions”). These conditions may include disclaimers required by law, disclaimers required by Proteryx, disclaimers required by your broker, or other legal notices relevant to the specific aspects of the Service that you are using. In such an event, you may be required to consent to additional terms set forth in certain applicable Conditions by clicking on a button or checking a box to indicate your consent. In the event that the terms of such “click-through” agreements differ from the Terms, the terms of the click-through agreement will alter these Terms of Service with respect solely to matters governed by the click-through agreement.

Copy Trade: Users can mirror trades across multiple accounts and connections with attached bracket orders, ensuring precise trade replication.

Web-Based & Mobile-Ready: Proteryx is accessible from any modern browser and mobile-friendly, allowing you to trade anywhere, anytime.

No Location Restrictions: Proteryx operates globally, giving users the freedom to trade without geographic limitations.

Automated Trading Without Coding: Users can automate strategies based on TradingView alerts, TrendSpider, and more, without writing a single line of code.

IFTTT & Zapier Integration:  Proteryx in service of its Purpose, offers web-based tools to enable users to connect automation by combining multiple logic sources before sending webhooks to Proteryx.

Advanced Integrations: Proteryx seamlessly connects with QuantConnect, MetaTrader 5, LuxAlgo, AlgoAlpha, ChartPrime, TheVWAP, Trendoscope, Kioseff Trading, and more.

Custom Coded Strategies: Proteryx supports custom trading strategies in Python and JavaScript, ensuring seamless execution through brokers.

Seamless Broker and Datafeed Connections: Proteryx integrates with Rithmic, Tradovate, dxFeed, TradingView, NinjaTrader, Volumetrica, Interactive Brokers, and other leading providers.

Trade Synchronization: Users can copy trades across multiple accounts with millisecond precision for perfect execution.

Real-Time Analytics & Economic Calendar: Traders can track their performance, analyze patterns, and stay ahead of the market with integrated news updates.

24/7 Support: Proteryx offers expert assistance around the clock to ensure smooth trading operations.

Prop Firm Automation & Hedging Strategies: Proteryx offers custom bridging software to automate prop trading strategies and mitigate demo account losses.

Start a 'Hedge Fund' Without the Hassle: Proteryx enables users to manage trading signals for subscribers without handling their funds directly, making it easy to monetize trading strategies.

3. Subscription and Fees

Users can subscribe to trading strategies for a fixed monthly fee. Fees apply per strategy and may be subject to change. Users can cancel subscriptions at any time, but fees paid are non-refundable.

4. User Responsibilities

Users are responsible for ensuring their brokerage accounts are compatible with Proteryx.

Users acknowledge that past performance does not guarantee future results.

Users must ensure their trading activity complies with all applicable laws and regulations.

Proteryx does not guarantee execution prices or order fulfillment.

Users are solely responsible for setting up and maintaining their trade alerts and ensuring the correct JSON formatting for execution.

Users are responsible for monitoring their brokerage accounts to ensure proper execution of trade alerts and strategies.

5. Acceptance of Terms of Service and Conditions

By using the Service and the Content, you agree to follow and be bound by these Terms of Service and Conditions, including the policies referenced herein.

6. Proprietary Rights

Proteryx owns and operates the Services. The Services, any software used in connection with the Services, and any Proteryx Content (as defined in Section 11(A)) are licensed, not sold, to you, the user. By using the Services, you agree that the Services, any software, or algorithms used in connection with the Services, and any Proteryx Content contain proprietary and confidential information that is protected by intellectual property and other applicable laws. You may not modify, rent, lease, loan, license, sell, distribute, or create derivative works based on the Services, software, or Content offered, unless such use is expressly permitted by applicable law or authorized by Proteryx. Proteryx grants you a personal, non-transferable and non-exclusive license to access and use the Services. However, such license is in effect only so long as you do not, and do not allow any Third-Party to, copy, alter, create a derivative work from, reverse engineer or otherwise try to discover any source code, sell, assign, grant a security interest in, or otherwise transfer any right in the Services. You may only access and use the Services through the interface that is provided by Proteryx, and you agree not to access the Services through any other means. The name “Proteryx”, along with the associated logos, marks, designs, and names of the specific Services are the exclusive trademarks of Proteryx, and you shall not use or display such trademarks in any manner without Proteryx’s prior written consent. All rights not expressly granted hereunder are expressly reserved by Proteryx. Any Third-Party trade or service marks displayed through the Services are the property of their respective owners. Other than as set forth herein, you agree to use the Services and Content solely for your own personal and non-commercial purposes.

7. Customer Account Information

7.1. Customer Account

A. The Services require a Proteryx Customer Account to use. In creating your Customer Account, you agree to: Provide true, current, accurate, and complete information as prompted by the Customer Account registration form (“Customer Data”); and punctually update and maintain the Customer Data to keep the data accurate and current. Proteryx uses the Customer Data to provide the Services, and any inaccurate or dated Customer Data will hinder the Proteryx’s ability to provide the Services. As a result, if Proteryx has reasonable grounds to suspect that the Customer Data is inaccurate or dated, Proteryx has the right to suspend or terminate your Customer Account. Proteryx also has the right to refuse any future use of the Services by you. As consideration for using the Services, you represent and warrant that you are able to form a legally binding contract and are not otherwise barred from receiving the Services under the laws of any jurisdiction.

B. You may delete or cancel your Account at any time, for any reason, by following the instructions on the Site. However, Proteryx cannot offer refunds on pre-paid services. Thus, if you cancel your account while it has a pre-paid balance, you will lose your pre-paid balance, if any. No refunds.

7.2. Password

A. As part of the registration process, you will be asked to provide a password for your Customer Account. You should keep your password confidential at all times, as you are responsible for all activities that initiate from your Customer Account and you can only access your Customer Account upon inputting your password. Do not share your password with anyone else for any reason. While Proteryx uses reasonable security protocols to protect the confidentiality of your password, Proteryx cannot guarantee absolute security of your password, Customer Account, Customer Content, or the personal, and financial information that you provide. Proteryx cannot guarantee that the security measures in place will prevent Third-Party hackers from illegally accessing the Services or its contents. By using the Services and creating a Customer Account, you agree to accept all risks of unauthorized access to the Customer Data and other information you provide to Proteryx. In the event of an unauthorized use of your Account, you shall notify Proteryx of the unauthorized access, or suspected unauthorized use, or any other security breach, at once.

B. By using the Services and creating a Customer Account, you agree to accept all risks of unauthorized access to the Customer Data and other information you provide to Proteryx. Proteryx retains the right to suspend your Customer Account or require you to change your password if Proteryx believes for any reason that your password is no longer secure.

C. Proteryx cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements, or any security breaches of your account resulting from your failure to use a secure and unique password, or your failure to protect your login credentials, or your failure to prevent unauthorized access to your account in anyway. A secure password is defined as a password of at least 10 characters containing at least one uppercase letter, at least one lowercase letter, at least one numeral and at least one punctuation mark. It is your responsibility to ensure you have a secure password on your account.

7.3. Access to Proteryx

A. License: Subject to these Terms, Proteryx grants you a non-transferable, non-exclusive, revocable, limited license to use and access Proteryx solely for your own personal use.

B. Certain Restrictions: The rights granted to you in these Terms of Service are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of Proteryx; (c) you shall not access Proteryx in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of Proteryx may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of Proteryx shall be subject to these Terms of Service. All copyright and other proprietary notices of Proteryx (or on any content displayed through Proteryx) must be retained on all copies thereof.

C. Modification: Proteryx reserves the right, at any time, to modify, suspend, or discontinue Proteryx (in whole or in part) with or without notice to you. You agree that Proteryx will not be liable to you or to any Third-Party for any modification, suspension, or discontinuation of Proteryx or any part thereof.

8. Third-Party Promotions

From time-to-time Proteryx may offer advantaged or discounted pricing to users of other products owned by its parent organization, sister organizations, subsidiaries, or other affiliates. Proteryx reserves the right to offer benefits, discounts, promotions, or other promotional material to users of other products owned by its parent organization, sister organization, subsidiaries, or other affiliates. All benefits, discounts, promotions, or other promotional materials will expire within twelve (12) months of issuing date.

9. Rules for Services Use

Non-Solicitation

You are prohibited from soliciting or recruiting any other users or members of Proteryx, for any reason, unless you have requested and received permission to solicit or recruit in writing from Proteryx. This prohibition includes a prohibition against soliciting or recruiting users of Proteryx to become members of competitive sites and services. This includes (but is not limited to) soliciting other users of this Site or Proteryx services or products to make their methods, devices, models, algorithms or other automated processes available at services or sites outside of Proteryx. If you violate this policy, Proteryx reserves the right to terminate your Account without notice and to take legal action to recover lost revenues you have stolen from Proteryx, plus applicable damages. By using Proteryx, you specifically acknowledge that you agree to this prohibition.

10. Customer Signals

10.1. Proteryx is not responsible for Customer Signals. You are responsible for all of the Signals that you upload, post, transmit, or otherwise make available, or cause to be made available, whether privately or publicly, through the Services and Proteryx Site. Customer Signals are not controlled or monitored by Proteryx, and thus, Proteryx does not guarantee the accuracy, quality, or integrity of any Customer Signal. Proteryx will not be liable in any way for any Customer Signals under any circumstances. Such circumstances include, but are not limited to, any mistakes or omissions in Customer Signals; or any loss or damage of any kind suffered as a result of the use of any Customer Signal. Notwithstanding the above, Proteryx reserves the right, but has no obligation or duty, to monitor any and all Customer Accounts or Signals, or web or mobile activities, related to the Services. Proteryx reserves the right, but has no obligation or duty, to monitor any Customer’s use of or access to the geographic and personal information of other Customers. Proteryx may access, preserve, and release your Customer Signals, Payment Method, and Customer Data if required to do so by law or in a good faith belief that such action is reasonably necessary to: satisfy any applicable law, regulation, judicial process, or government request; enforce the Terms and investigate potential violations of the same; investigate and defend against any Third-Party allegations; respond to claims that any Customer Signal violates the rights of third-parties; respond to your requests for customer service; prevent fraud; secure the integrity of the Services and Site; repair any technical issues; or protect the rights, property, or personal safety of Proteryx its customers and employees, or the public as permitted or required by law. Proteryx will at all times use reasonable efforts to maintain the confidentiality of your Customer Data and payment method information.

10.2. You are solely responsible for your Signals. You assume all risks associated with use of your Signals, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Customer Signals that personally identifies you or any third-party. You hereby represent and warrant that your Customer Content does not violate our Acceptable Use Policy (defined below). You may not represent or imply to others that your Customer Content is in any way provided, sponsored or endorsed by Proteryx. Because you alone are responsible for your Customer Signals, you may expose yourself to liability Proteryx is not obligated to backup any Customer Signals You are solely responsible for creating and maintaining your own backup copies of your Customer Signals if you desire.

A. Acceptable Use Policy. The following terms constitute Proteryx’s “Acceptable Use Policy”:

B. In addition, you agree not to: interfere with, disrupt, or create an undue burden on servers or Sites connected to the Proteryx, or violate the regulations, policies or procedures of such Sites; (v) attempt to gain unauthorized access to Proteryx (or to other computer systems or Sites connected to or used together with Proteryx), whether through password mining or any other means; (vi) use software or automated agents or scripts to produce multiple accounts on the Proteryx, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Proteryx (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Proteryx for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

10.3. By uploading, posting, transmitting, or otherwise providing Customer Signals through the Services, you expressly warrant that: You alone are responsible for transmission, accuracy, and publication of the Signals, and that, as such, Proteryx bears no liability, in any capacity, for the Signals; you own and/or control all of the rights to that Signal; Third-Party.

10.4. Account Termination and Customer Signal Deletion

When you terminate your Customer Account, you may request that Proteryx wholly erase your Customer Signals, including the erasure of any and all previously submitted Customer Signals. Proteryx will undertake the erasure of your Customer Account and Customer Signals using commercially reasonable efforts. However, Proteryx may not be able to wholly purge all your Customer Signals.

10.5. Review of Customer Signals

Proteryx and its agents shall have the right, but not the obligation or duty, to pre-screen, monitor, refuse, or remove any Customer Signal that is available through the Services. By using the Services and consenting to the Terms, you understand and admit that when you access or use the Services Proteryx is not liable for the accuracy, safety, usefulness, or legality of any of the Customer Signal. You bear any and all risks associated with the use of any Customer Signal available through the Services, including your reliance on the accuracy or completeness of such Signal. Notwithstanding any of the foregoing, Proteryx shall have the right to remove any Customer Signal that violates the Terms or is otherwise objectionable. The right to remove objectionable Customer Signals is exercisable by Proteryx in its sole and absolute discretion.

11. Third-Party Content

11.1. From time-to-time certain content displayed on, or linked to by, the Services is developed by Third-Parties over whom Proteryx exercises no control. Such Third-Party Content may include links to Third-Pary websites, advertisements, or news headlines. Proteryx does not endorse any Third-Party Content, nor does it endorse the information, materials, products, or services that may be displayed or linked to by the Third-Party Content. Any contact, transaction, or business dealings between you and the Third-Parties as a result of Third-Party Content displayed on, or linked to by, the Services exists solely between you and the Third-Parties. Such interactions are independent of Proteryx. Proteryx shall not be liable for any loss or injury of any sort suffered as a result of any such dealings, or as the result that such Third-Party Content was displayed on, or linked to by, the Services.

11.2. Links

The Services or certain Third-Parties may provide links to other websites or resources. Proteryx has no control over such websites or resources, and as a result, Proteryx is not responsible for the availability of such external websites or resources. Proteryx does not endorse such external websites and resources, and Proteryx is not liable for any content, advertising, products, or materials on or available from such websites or resources. Proteryx is not liable for any loss or injury suffered by you as a result of visiting any external websites or resources linked to through the Services.

12. Proteryx Content

12.1. Proteryx Content includes, but is not limited to, the trademarks, trade names, trade dress, service marks, copyrighted material, source code, algorithms, financial market analysis, and other information (collectively, the “Proteryx Content”) contained in the Services and on the Site are owned by Proteryx.

12.2. Ownership: Proteryx is the exclusive owner of all Proteryx Content, including any and all copyrights, trademarks, trade dress, service marks, source code, algorithms, and other intellectual property rights. Except as expressly permitted by certain Services as provided for in the Conditions applicable to those Services, you may not download, copy, or save any Proteryx Content or any portion thereof, for any purpose. You may print individual screens appearing as part of the Services only for personal use or records (e.g. printing a screen grab of a specific financial market analysis), provided, however, that any logos, marks, or other legends that appear on the screens remain and are not erased from the printed copy. Unless expressly permitted under the Terms, applicable Conditions, or with the prior written consent of Proteryx, you may not modify, copy, publish, display, adapt, transmit, or otherwise exploit the Proteryx Content.

12.3. Proteryx Content does not constitute FINANCIAL OR INVESTMENT advice. Any FINANCIAL OR INVESTMENT related questions should be promptly directed towards your FINANCIAL OR INVESTMENT ADVISER. You should consult with a FINANCIAL OR INVESTMENT ADVISER prior to your use of Proteryx and the Services. Proteryx Content, including but not limited to all financial market analysis and predictions, text, photographs, images, graphics, audio, video, and other materials, along with any and all Customer Content and Third-Party Content, is not intended to be, and should not be used in place of: The advice of a financial or investment adviser; or A consultation, call, or visit with a financial or investment adviser. Proteryx Content should not be used for long-term financial planning. You should not disregard, or delay in seeking, financial advice from a financial or investment adviser as a result of any of the Proteryx’s Content. YOUR TRANSMISSION AND RECEIPT OF THE PROTERYX CONTENT, IN WHOLE OR IN PART, OR YOUR COMMUNICATION WITH PROTERYX AND THE SERVICES THROUGH THE INTERNET, EMAIL, OR ANY OTHER MEANS DOES NOT CONSTITUTE OR CREATE A FIDUCIARY RELATIONSHIP BETWEEN PROTERYX AND YOU OR ANY OTHER CUSTOMER.

12.4. Proteryx is not an investment advisory service, nor is it a registered investment advisor or broker-dealer and does not purport to tell or suggest the value of any securities or which securities customers should buy or sell for themselves. The users of Proteryx may hold positions in the stocks or industries discussed here. You understand and acknowledge that there is a very high degree of risk involved in trading securities. Proteryx, the users, the authors, the publisher, and all affiliates of Proteryx assume no responsibility or liability for your trading and investment results. Factual statements or publications on Proteryx are made as of the date stated and are subject to change without notice. It should not be assumed that the methods, techniques, or indicators presented in these products will be profitable or that they will not result in losses. Past results of any individual trader or trading system published by on Proteryx are not indicative of future returns by that trader or system, and are not indicative of future returns which be realized by you. In addition, the indicators, strategies, columns, articles and all other features of Proteryx are provided for informational and educational purposes only and should not be construed as investment advice. Examples presented on the site are for educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not rely solely on the Information in making any investment. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.

13. Use of the Proteryx Site

13.1. The Proteryx Sites may be accessed or otherwise used with a laptop, computer, or otherwise mobile device such as a cellphone, that is compatible with Proteryx and the Site. Proteryx does not guarantee or represent that your mobile device will be compatible with the Site. The normal messaging, data, and other rates and fees of your wireless carrier will still apply when using the Services. Certain wireless carriers may prohibit or restrict your ability to download, install, view, or otherwise use the Site, and the Site may not be compatible with all wireless carriers or devices. You should check with your wireless carrier prior to using the Services to ensure that the Site is compatible with your mobile device and your wireless carrier’s rules before use of the Site on your mobile device. Your use of the Site constitutes an agreement by you that Proteryx may communicate with your regarding Proteryx and the Services by SMS, MMS, text message, or other electronic means directed to your mobile device. Furthermore, by using the Site you agree that certain information about your usage of the Site may be transmitted to Proteryx. If you replace or deactivate your mobile device or your mobile device telephone number, you must promptly update your Customer Account information to ensure that Proteryx’s messages are sent to you.

13.2. End User License

Proteryx hereby grants you a non-exclusive, non-transferable, revocable license to use the Site in the following manner: To use, access, or otherwise employ the Site with one Account. An Account consists of the shared resources accessible by a single login ID on one (1) mobile device owned or leased by you for your personal use. While using, accessing, or otherwise employing the Site, you may not: Alter, disassemble, or reverse engineer the Site; Lease, loan, sublicense, resell, distribute, or otherwise transfer the Site to any Third-Party or use the Site to provide time sharing or similar services for any Third-Party; Copy the Site; Erase or otherwise alter the copyright, trademark, source code, algorithms, or other proprietary rights notices on the Site; or Circumvent, remove, disable, damage, or otherwise interfere with the security features of the Site; the feature that prevent or restrict use or copying of the content accessible through the Site; or features that restrict limits on the use or access of the Site. Proteryx reserves the right to issue upgraded versions of the Site from time to time, and may automatically upgrade the version of the Site that you use on your mobile device. By using the Services, you expressly consent to such automatic upgrading on your mobile device, and further agree that the Terms, and any modification of the same, will apply to all such upgrades. In the event that any open source or Third-Party code is incorporated into the Site, such source code is covered by the applicable open source or Third-Party license EULA, if any, permitting the use of such code. The license granted herein is not a sale of the Site or any copies thereof, and Proteryx, along with any applicable Third-Party partners or suppliers, retain all rights, titles, and interest in the Site, and any copies of the same. Any attempt by you to transfer any of the rights, duties, or obligations enumerated herein, except as expressly provided for in the Terms, is void.

13.3. Setting of Alerts

A. In order to use Proteryx, users will need to direct alerts created in any number of platforms, including but not limited to, TrendSpider, TradingView, StockCharts.com, and any other similar software systems or platforms existing now or in the future, including for some users, custom made platforms or custom written systems, to the Proteryx webhook address created by the user in their Proteryx account. You, the User, are responsible for making sure that alerts are configured correctly per instructions provided by Proteryx. You are responsible for making sure that JSON commands are complete and formatted correctly for Proteryx per the Proteryx end user documentation.

B. When an alert fires and successfully sends Proteryx a properly formatted JSON command, the alert will be transliterated into the format preferred by the broker for which the webhook was created. Proteryx will then forward the transliterated alert to the broker as an order via the broker’s API.

C. PROTERYX IS UNDER NO OBLIGATION TO CONFIRM PRICING DATA, NOR IS PROTERYX OBLIGATED TO CONFIRM, VERIFY, AUTHENTICATE, CERTIFY, ANALYZE, ADVISE, AUDIT, DIRECT, OVERSEE, OR OTHERWISE MONITOR CUSTOMER ALERTS OR THE BEHAVIOR OF BROKERS UPON RECEIPT OF A FORWARDED SIGNAL FROM PROTERYX. YOU, AS THE USER, ARE SOLELY RESPONSIBLE TO SET TRADING ALERTS USING YOUR PREFERRED THIRD-PARTY SYSTEM, CONFIGURING THE ALERTS TO SEND THE PROPERLY FORMATTED JSON COMMAND TO PROTERYX, AND TO MONITOR THE PROCESSING, OR LACK OF PROCESSING, OF SUCH ALERTS. YOU ARE SOLEY RESPONSIBLE FOR YOUR OWN INVESTMENT ACCOUNTS, TRADING PATTERNS AND STRATEGIES, AND ALL OTHER MATTERS AS IT CONCERNS YOUR USE OF PROTERYX – OR LACK THEREOF – WITH RESPECT TO YOUR INDIDIVUAL TRADING NEEDS.

14. Disclaimers of Warranties and Release of Liability

14.1. General Disclaimer of Warranties

A. The Services, including the Site and any and all Third-Party software or applications made available in connection with or via Proteryx are provided “as is” and without warranties of any kind either express or implied. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, PROTERYX DOES NOT MAKE ANY REPRESENTATIONS OR PROVIDE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF NONINFRINGEMENT OF PROPRIETARY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE FOR ITS PRODUCTS AND THE SERVICES (INCLUDING BUT NOT LIMITED TO DATA, SOFTWARE, COMPUTATIONAL TOOLS, OR ANY OTHER DOWNLOADABLE PRODUCTS) DELIVERED TO CUSTOMER UNDER THIS AGREEMENT. Proteryx, along with any and all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers make no warranty that: The Services will meet your requirements; The Services will be uninterrupted, timely, error-free, or secure; The Services, or any results obtained thereof, will be accurate or reliable; The quality of any products, services, information, or other material purchased, downloaded, or obtained by you through the services will meet your expectations; and Any errors in the Services or the website will be corrected. Proteryx, along with any and all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers (including, without limitation, Proteryx’s Third-Party wireless carrier partners) do not warrant that the Site, and the functions contained therein, will be uninterrupted or error-free, that any defects will be corrected, or that Proteryx or the servers that makes the Site available are free of viruses or any other malicious components. Proteryx, along with any and all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers do not warrant or make any representations regarding the use or the results of the use of any personal information or the services in terms of security, correctness, accuracy, safety, reliability, or otherwise. You alone assume the entire cost of any necessary servicing, repair, or correction related to the Services.

B. PROTERYX DOES NOT EXECUTE ANY TRADES ITSELF, NOR DOES PROTERYX GUARANTEE TRADES WILL BE EXECUTED AT ANY PARTICULAR TRADE PRICE, NOR DOES IT CONTROL BROKERS, BROKERAGE FIRMS, OR ANY OTHER THIRD-PARTIES. PROTERYX MERELY CONNECTS PROTERYX USERS TO THEIR USER PROVIDED DATA AS IT CONCERNS BROKERS, BROKERAGE FIRMS, AND ANY OTHER THIRD-PARTIES. PROTERYX TRANSMITS AN ORDER REQUEST BASED ON THE MARKET CONDITIONS USED BY PROTERYX, NOT THE MARKET ANALYSIS PROGRAM USED BY ANY SPECIFIC BROKER,BROKERAGE FIRM, OR ANY OTHER THIRD-PARTIES. PROTERYX CANNOT BE HELD LIABLE FOR ANY DISCREPANCY IN TRADE PRICE IT DEMONSTRATES TO ITS USERS AND ANY TRADING PRICE USED BY A THIRD-PARTY THAT MAY RELY ON ANOTHER DATA, SUCH AS, BUT NOT LIMITED TO, NASDAQ, THE NEW YORK STOCK EXCHANGE, AND OTHER PUBLICLY AVAILABLE MARKET DATA OR OTHER MARKET DATA. FURTHER, PROTERYX CANNOT BE HELD LIABLE FOR THE FAILURE OF ANY THIRD-PARTY TO EXECUTE ANY TRADE SUBMITTED BY THE USER THROUGH PROTERYX. PROTERYX ONLY ATTEMPTS TO SEND ALERTS TO THIRD-PARTIES BASED ON THE ALERTS SET BY YOU, THE USER PROTERYX IN NO WAY GUARANTEES THAT THE ALERT IS EVER TRANSMITTED, THAT A THIRD-PARTY EVER RECEIVES OR ACTS ON THE ALERT, OR THAT THE DESIRED TRADE TAKES PLACE WITH YOUR DESIRED RESULT.

14.2. Miscellaneous Disclaimers

A. In addition to and notwithstanding the above disclaimers, Proteryx further disclaims any and all liability or responsibility for the content, accuracy, completeness, legality, operability, reliability, or availability of any information or material provided by or in connection with the Services. Proteryx also disclaims any and all responsibility or liability for the content, accuracy, completeness, legality, operability, reliability, or availability of any search results or financial market analysis generated by or through the Services, or those displayed through the Services. Further, Proteryx disclaims any liability for the erasure, failure to store, failure to deliver, or untimely delivery of any information or material, including Proteryx and Customer Content, sent through the Services. By using the Services, you agree that you download or otherwise obtain material or data from Proteryx or the Services at your own discretion and at your own risk. Proteryx disclaims any and all responsibility and liability for any injury to you that results from downloading or accessing any information or material through Proteryx or the Services. Persons under the age of 18 (“Minors”) may not use the Services or affiliated Site of Proteryx at any time of in any manner. As a result, Proteryx is not directed at, and does not target, Minors, nor does Proteryx use its Services or Site to knowingly solicit personal, geographic, or financial information from Minors. Upon learning that a Minor has provided personal, geographic, or financial information, Proteryx will use reasonable efforts to remove the information of said Minor from its records. The parent or guardian of a Minor who learns that their Minor has created a Proteryx Customer account may contact Proteryx and request that the Minor’s information and account is deleted. Failure of the Minor’s parent or guardian to contact Proteryx will result in the parent or guardian accepting full responsibility for his or her child’s use of Proteryx and the Services, including any and all financial charges and legal liability that such child may incur. In the event that any provision of the above disclaimers are held to be unenforceable for any reason by any law, court, or tribunal, that provision shall be severed from the remainder of the disclaimers, which shall remain in full force and effect and be enforceable in accordance with their terms.

B. PROTERYX WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROTERYX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE CONTENT OR THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (3) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICE.

15. Live Trading Risks

By using the Site, you acknowledge and agree that automated trade execution, and trading in general, and investing in general, all are subject to various known and unknown risks. Proteryx shall not have any liability for any losses incurred through using the Site. There are many risks in using Proteryx with a live brokerage account. Such risks included, without limitation:

A. Design risks; errors in data, incorrect assumptions, logical program errors. Even if you designed a perfect strategy, past performance is no guarantee of future results.

B. Loss of internet connectivity; resulting in disconnections from brokerage, trades not placed, not seeing the results of algorithm, orders failing to be placed.

C. Poor design of algorithm; resulting in runaway strategies, machine gun orders, run-time errors halting program operation, failure to trade when expected, termination of the algorithm.

D. Unexpected market conditions; resulting in poor fill prices, rapid losses (flash crashes), late exchange openings.

E. Data issues; broken, dirty, delayed or intermittent data connections causing algorithm errors. This includes data inaccuracies (exchanges sometimes publish bad/fictional trades).

F. Execution issues; orders submissions, updates and cancellations could be rejected or delayed. Trades could be disallowed by authorities without warning.

G. Malicious activities; criminal activity could cause your algorithm to fail or your brokerage account to become compromised, leaking personal information, intellectual property or theft of your funds.

H. These events can cause the loss of all funds and holdings in your brokerage account. Algorithmic trading losses can occur faster than in manual trading and you should consult an investment professional to discuss these risks. You should continually monitor the operation of a live trading algorithm to ensure it is running properly.

I. Slippage and failure to receive the entry or exit price you desire due to market latency, data feed latency, internet latency, or other technical and non-technical factors, that are known and unknown.

J. EVERY TIME YOU USE THE SITE YOU AGREE THAT IN ALL CASES PROTERYX BEARS NO RESPONSIBILITY FOR LOSSES INCURRED, AND OFFERS NO GUARANTEES OR EXPECTATIONS ON YOUR ALGORITHM PERFORMANCE OR STABILITY.

16. Indemnification

You agree to indemnify and hold Proteryx (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any Third-Party due to or arising out of (a) your use of Proteryx, (b) your violation of these Terms of Service, (c) your violation of applicable laws or regulations or (d) your Customer Content. Proteryx reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Proteryx. Proteryx will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

17. Limitations of Liability and Damages

17.1. By using the Services, you understand and agree that Proteryx, along with all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, will under no circumstances, including without limitation, negligence, be liable to you for any special, indirect, incidental, punitive, reliance, consequential (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR TRADING LOSSES), or exemplary damages related to or arising from: Proteryx’s use, disclosure, maintenance, or display of a Customer’s personal information; Your ability or inability to use the Services; The Services, including the systems and servers that make the Services available; or Any other interaction between you and Proteryx or any other Customer of the Services. In such circumstances, Proteryx will not be liable even if Proteryx, or one of Proteryx’s authorized agents, has been advised of the possibility of such damages. Further, the above limitation shall apply to damages suffered as a result of Third-Party services or goods received through or advertised on Proteryx or the Services; through the Services; received through any links provided by Proteryx; or by reason of any advice or information received through or advertised on Proteryx or the Services. Under no circumstances, including without limitation negligence, will Proteryx, or any of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, be liable for the costs of procurement of substitute goods or services, lost profits, or lost data. This limitation shall also apply to the performance or non-performance of Proteryx or the Services or any information that appears on, is linked to, or is related in any way to Proteryx or the Services. Notwithstanding any failure of the essential purpose of any limited remedy, such limitation shall apply to the fullest extent permitted by law. Under no circumstances shall the total liability of Proteryx, or any of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, to you for any damages, injuries, losses, or causes of action arising out of or relating to the Terms or your use or access of the Services, whether arising in contract, tort, warranty, or other law, exceed the lower of: $100 USD, or the amount paid to Proteryx in the preceding 12 months prior to the claim. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from Proteryx, or its Third-Party providers Notwithstanding and without limiting the foregoing, Proteryx shall, under no circumstances, be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, of from forces or causes beyond its reasonable control, including, but not limited to: Internet failures, computer equipment failures, any other equipment failures, electrical power failures, loss of or fluctuations in heat, light, or air conditioning, strikes, labor disputes, riots, insurrections, civil disturbances, labor material shortages, fires, floods, storms, acts of God, war, acts of terror, governmental actions, orders of domestic or foreign courts or tribunals, or the non-performance of any Third-Parties. Proteryx neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on Proteryx, nor for any offensive, defamatory, or obscene posting made on the forums by anyone other than authorized Proteryx employee spokespersons while acting in their official capacities. Under no circumstances will Proteryx be liable for any loss or damage caused by a member’s reliance on information obtained through the content on Proteryx. It is the responsibility of each member to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through Proteryx. Proteryx does not endorse, warrant, or guarantee any product or service offered by a Third-Party through Proteryx. Under no circumstances shall Proteryx, its officers, directors, shareholders agents or its Third-Party providers be liable for any direct, indirect, incidental, punitive, special or consequential damages (including without limitation, attorneys” fees), whether in an action of contract, negligence or other tortious action, that result from the use of, or the inability to use, any materials available on Proteryx, even if Proteryx has been advised of such damages. If you are dissatisfied with any of the Proteryx Information or other materials, or with any of the terms and conditions contained on Proteryx, your sole and exclusive remedy is to discontinue using Proteryx. The limitations of liability set out hereinabove shall survive any termination or expiration of the Terms and will apply even if any limited remedy specified herein is found to have failed of its essential purpose. In the event that any provision of the above limitations of liability are held to be unenforceable for any reason by any law, court, or tribunal, that provision shall be severed from the remainder of the limitations of liability, which shall remain in full force and effect and be enforceable in accordance with their terms.

17.2. USE OF THIS SITE INCLUDING ANY PROTERYX CONTENT, IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. THE SITE INCLUDING ANY PROTERYX CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE’, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, PROTERYX DOES NOT MAKE ANY WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY PROTERYX CONTENT. PROTERYX DOES NOT WARRANT THAT THE SITE AND ANY PROTERYX CONTENT WILL BE: (1) UNINTERRUPTED OR ERROR FREE; (2) FREE FROM DEFECTS OR ERRORS; OR (3) FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROTERYX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW US TO EXCLUDE ALL LIABILITY, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED $100 USD. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY USERS, OUR LIABILITY TO NEW JERSEY USERS IS THE MINIMUM AMOUNT REQUIRED UNDER NEW JERSEY STATE LAW. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY PROTERYX’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND IT MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. WE ARE NOT AFFILIATED WITH ANY GOVERNMENTAL AUTHORITY, WHETHER FEDERAL, STATE, OR LOCAL, NOR DO WE SELL SERVICES OR PRODUCTS TO CONSUMERS. ALL SERVICES OR PRODUCTS MUST BE PURCHASED THROUGH OUR THIRD-PARTY SITE.