Terms of Use / Terms & Conditions

TRADING APP STORE LLC (“Store”) is providing your access to the Site https://www.tradingapps.ai and use of Informational Services subject to these Terms of Use/Terms and Conditions.

(001)    YOU UNDERSTAND AND AGREE THAT THE INFORMATION SERVICES   HAVE NOT BEEN REVIEWED OR APPROVED BY ANY GOVERNMENTAL FINANCIAL, BANKING OR CONSUMER PROTECTION REGULATORY AGENCY OR AUTHORITY, INCLUDING THE U.S. SECURITIES AND EXCHANGE COMMISSION, THE U.S COMMODITY FUTURES TRADING COMMISSION, THE U.S.  OR ANY STATE SECURITIES REGULATORY AUTHORITY.

(002) We urge you and your advisors, including legal counsel, to carefully review this legal agreement (“Agreement”) which sets forth your rights, obligations and responsibilities, the Store’s Privacy Policy and important waivers and limitations of your rights, including the requirements of Mandatory Arbitration.

(002A) The Store makes no representation that the Site or Informational Services   are legally appropriate or available for use in locations outside the United States and accessing them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.  Further, you are warranting that you are not located in, under the control of, or a national or resident of any country on any embargo or sanction list or where the Informational Services are subject on any United States export controls.

(003) You agree you have received full and adequate consideration from the Store for this Agreement, which is legally binding and enforceable against on you.

(004) Neither the Company nor any Affiliate is a regulated broker-dealer or financial or investment advisory entity of any kind or character.

(005) The Informational Services created and published by the Company and Affiliates (See**) are not deemed, directly or indirectly, an offer or solicitation to buy or sell securities or securities, options, digital or crypto assets, futures, foreign currencies or other derivative products of any kind, or no type of investment or trading advice, recommendation or strategy, is made, given or in any manner endorsed by the Store.

(006) Access to Informational Services from third parties is provided via the Store.  Those third parties are independent from the Company and any Affiliate unless expressly noted. Third party Informational Services may involve offers or solicitations to buy or sell securities or securities, options, digital or crypto assets, futures, foreign currencies or other derivative products of any kind, or investment or trading advice, recommendations, or strategies.  Neither the Company nor any Affiliate has any responsibility for such third parties’ registrations or filings with, or with compliance with laws, rules or regulations of any governmental agency governing the above activities of any third party.

(006A) Neither the Company nor and Affiliate has certified, endorsed, approved, disapproved, or recommended Informational Services from any third-party. Any Informational Services presenting testimonials or case studies may not be representative of the experience of others and are not indicative of future performance or success.

(007) Neither the Company or any Affiliate has investigated or audited the valid organization or operation of any third party providing Informational Services or any claims, complaints or investigations that may have been, or which are being brought, against any third party providing Informational Services.

(007A) Neither the Company (or any Affiliate) has any responsibility for your interactions or transactions (including payments to, or investments with) any third party whose Informational Services are provided via the Site.

(007B) Neither the Company (and any Affiliate) nor any Informational Services provided to you makes any endorsements, recommendations, or approvals whatsoever regarding any security or securities product, or any investment strategy or approach. You are fully responsible for any investment or trading strategies and investment decisions you make, and any losses resulting therefrom, and such decisions should be based solely on your evaluation of your financial circumstances, investment or trading objectives, risk tolerance and liquidity needs.

(008)   Disclaimers: No Warranties of any Kind are Being Made or Given.  All Informational Services offered or provided in via the Store are offered and/or provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular use or purpose. (And See 010, 010A, 010B, and 010D)

(008A) The Store provides Informational Services on a commercially reasonable basis and does not guarantee that you will be able to access or use the Informational Services at times or locations of your choosing, or that the Store will have adequate capacity for the providing Informational Services as a whole or in any specific geographical location.

(008B) The Store does not guarantee, represent, or warrant that your use of our Informational Services will be uninterrupted, timely, secure, or error-free.

(008C) The Store does not warrant that the results that may be obtained from the use of the Informational Services will be accurate or reliable.  You agree that from time to time we may remove Informational Services for indefinite periods of time or cancel the Informational Services at any time, without notice to you or financial obligation of any kind or character.

(008D) The Store does not warrant that the Site will be uninterrupted or secure, that it will be available at any particular time, free of inaccuracies, errors, omissions, viruses or other harmful components, or will be corrected if found to be defective.  The Store reserves the right to modify and/or discontinue the Site, or access thereto, at any time without notice.  To the extent that you communicate with a Store representative through any source, the statements and promises made or actions taken by them shall not limit or otherwise modify this disclaimer and, by incorporation, the Terms.  The Terms apply to any information provided to you through such sources.

(008E) The Store does not warrant that the Site or the servers that make the Site available will work with any particular hardware or software systems or configurations.

(009) Some jurisdictions may not allow disclaimers of implied warranties and above disclaimers may not apply to you to the extent prohibited.

(010) LIMIT OF LIABILITY

In no case shall the Company or any Affiliate, its  directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, expense or any direct, indirect, incidental, punitive, special, prospective  or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the  Informational  Services or any products procured using the Informational Services, or for any other claim related in any way to your use of the Informational Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Informational Services or any content (or product) posted, transmitted, or otherwise made available via the Informational Services, even if advised of their possibility.

(010A) The benefits of the above extend to persons/entities with whom the Store has a commercial agreement, and such persons are deemed THIRD-PARTY BENEFICIARIES. Any Third Party Beneficiary  may enforce all rights and obligations, and assert all defenses, in its favor contained in this Agreement  in any dispute-resolution proceeding (including civil litigation, arbitration, reparations or any other alternative dispute forum) with you or anyone acting by or through you, and may assert any or all of the disclaimers, assumptions of risk and other provisions of this Agreement (unless expressly prohibited by applicable laws, rules or regulations). Neither this express beneficiary designation, nor any other provision of this Agreement, creates in your favor any express or implied right or remedy, of any kind or nature, against any Third-Party Beneficiary

(010B) In the event you or any or your assets are subject to the jurisdiction of a bankruptcy court and this Agreement, or any provisions hereof  are rejected (i)the Company will  have the right to submit a proof of claim in the amount of at least the full amounts owing by your prior to the filing of the bankruptcy plus amounts that would have been paid to the Store for a period of twelve months thereafter plus an amount equal to the Store’s costs and expenses (including the costs of legal counsel) in filing and pursuing its proof of claim plus any amounts for expenses  or  damages arising by any breach by you of your obligations under this Agreement ; and  (ii)the  Store will no longer have any obligation to provide Information Services

(010C) Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

(010D) THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS OF USE DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

(011) Prohibited Uses

You may use the Informational Services only for lawful purposes and in accordance with these Terms of Use/Terms and Conditions. You agree not to use the Informational Services:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

To impersonate or attempt to impersonate the Store or the Site, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Informational Services, or which, as determined by us, may harm the Store, the Site or users of Informational Services or expose the Store or any person to liability.

Make any disclosure or publication of any claim against the Store.

Additionally, you agree not to:

Use the Informational Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site or Informational Services, including their ability to engage in real time activities.

Use any robot, spider or other automatic device, process or means to access the Site/Informational Services for any purpose, including monitoring or copying any of the material on the site or constituting Informational Services.

Use any manual process to monitor or copy, distribute any of the Informational Services or for any other unauthorized purpose without our prior written consent.

Copy, print or distribute the design or layout of the Site.

Use any device, software or routine that interferes with the proper working of the Site/ Informational Services.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or the Informational Services, the server on which Site Informational Services (including Informational Services of or any third party) are hosted, or any server, computer or database connected to the Store or Informational Services.

Attack the Store or Informational Services via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Informational Services.

Use Informational Services to illegally influence or manipulate the prices and or trading of any security or asset

intentionally defaming, harassing, abusing, harming, or otherwise offending any person.

(012) Governing Law and Jurisdiction

(012A) The Store is operated and controlled from its offices within the State of Louisiana,

(012B) By accessing this Site and Informational Services, you agree that all matters relating to your access to, or use of, this Site and Informational Services shall be governed by the statutes and laws of the State of Louisiana, without regard to the conflicts of laws principles thereof.

(012C) You also agree and hereby submit to the exclusive personal jurisdiction and venue of The Orleans Civil District Court in Orleans Parish, in and for all matters, but subject to the terms and provisions of (012D) through (012E) .

(012D) Mandatory Binding Individual Arbitration Agreement and Class Action Waiver

PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT, REQUIRING ANY DISPUTE BETWEEN YOU AND THE STORE, INCLUDING THIRD PARTY BENEFICIARIES, SUBJECT TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT FOLLOWING THE OPT-OUT PROCEDURES IN (0**) BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT.

(012E(i)) Mandatory Binding Arbitration

(012E(ii)) For good and valuable consideration the receipt by you is acknowledged  you agree that all disputes, claims, or causes of action arising from or related to the Agreement ( and  Informational  Services )  the breach, default, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”), and not in a court of law in any jurisdiction, and not in a class, representative, or consolidated action or proceeding, as further set forth below.

(012E(iii)) You and the Store (and any Third-Party Beneficiary) agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Agreement, including the provisions for arbitration including any claim that all or any part of this Agreement is void or voidable.  The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms of Use/Terms and Conditions or terms of the Privacy Policy are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

(012E(iv)) Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, the Store  retains the right to bring an individual action the right to seek injunctive or other equitable relief without a need to post a bond or other undertaking , including the awarding of damages,  in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the Store’s ’s copyright rights, trade secrets, patents or other intellectual property rights, or any threat to the operation of the Store or any  threat to the rights of any person/entity who has done or is doing business with,  the Store  .

(012E(v)) Class Action Waiver. You acknowledge and agree that you and the Store are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, representative, or consolidated action or proceeding.  Unless both you and Store agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of the Arbitration Agreement set forth in this Section I shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.

(012E(vi)) Opt-Out Procedures.  You can choose to reject this Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms, by email at support@tradingapps.ai or by mail at PO BOX 101 BROUSSARD LA 70518.  If mailed, the Opt-Out Notice must be post-marked no later than 30 days following the date you first agree to these Terms.  To be effective, the Opt-Out Notice must contain your full name, address, and signature.  If you opt-out of the Arbitration Agreement, all other parts of the Terms will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may enter with the Store.

(012E(vii)) Rules, Procedures & Governing Law    The arbitration will be administered by AAA under its Consumer Arbitration Rules and any supplementary rules then in effect (the “AAA Rules”), except as modified by these Terms.  The AAA Rules are available at www.adr.org or by calling the AAA at (800) 778-7879.  The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.  Notwithstanding any choice of law or other provision in the Terms, you and the Store agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement of proceedings pursuant thereto.  It is the intent of the parties that the AAA Rules and FAA shall preempt all state laws to the fullest extent permitted by law.  If the AAA Rules and FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of Texas, without regard to its choice or conflict of law provisions.

(012E(viii)) A party who wishes to start arbitration must submit a written Demand for Arbitration to the AAA and give notice to the other party as specified in the AAA Rules.  The AAA provides a form Demand for Arbitration at www.adr.org.  You can contact the AAA for more information on how to commence arbitration proceedings at www.adr.org or (800) 778-7879.

(012E(ix)) For claims under $10,000, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.  If your claim is at or above $10,000, your right to a hearing will be determined by the AAA Rules.  Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules.  We will reimburse those fees for claims totaling less than $10,000, unless the Arbitrator finds your Dispute frivolous.

(012E(x)) Any  claim may only be bought hereunder if (i) you have provided notice to the Company of the specific basis for such claim within 60 days of your knowledge of such claim, together with all facts within you knowledge relating thereto and  (ii) in no event after 360 days of the occurrence of an event which could give rise to such claim, notwithstanding your knowledge of the existence of such claim.   Further, absent approval of the body having jurisdiction to decide the claim, no claim may be brought where you have made any public announcement of the basis or filing of the claim, or where your filing of such claim occurs as a result of another person or entity (except for any governmental authority) making any public announcement of  the potential  for any claim.

Changes to Arbitration Provisions of the Agreement

()12E(x))  If the Store   changes any of the terms of the terms of the Arbitration provisions of this Agreement after the date you first accepted these terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us a written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” date above.  This written notice must be provided either by email at support@tradingapps.aior by mail to PO BOX 101 BROUSSARD LA 70518. In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Arbitration Agreement.  By rejecting any change, you are agreeing that you will arbitrate any dispute between you and the Store, in accordance with the provisions of the Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

(013). FORCE MAJEURE. The performance by the Store  or  any Third-Party Beneficiary under or with respect to this Agreement, including delivering availability and use of Informational Services shall be excused (without creating liability of any kind to the Store or  any Third-Party Beneficiary ) in the event and to the extent that any software bug or virus, failure of any internet service provider, operator error, failure of any electronic or mechanical equipment, hardware, communication system or other system, or any component thereof, telephone or other interconnect problems, unauthorized access, theft, security breach, government restriction, exchange or market regulation, suspension of trading, war, terrorism, health event or pandemic, cyberterrorism, strike or other labor dispute, civil disorder, fire, tornado, wind storm, earthquake, power failure, community-wide lockdown, explosion, or any other third-party failure, or any other act, event or circumstance beyond the reasonable control of the Store or any Third Party , renders such performance, in whole or in part, impossible or difficult to accomplish. In the event the Force Majeure event lasts for more than 30 consecutive days, or 90 days in any 12-month period, the Store reserves the right to terminate your access/use of Informational Service, with the only obligation to refund any deposits/payments for the unused portion of subscriptions.

(014). SEVERABILITY. If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement.

(015). WAIVER. Except as specifically permitted in this Agreement, no provision of this Agreement can be, or be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized officer of the Store.

(016).  ENTIRE UNDERSTANDING; NO ASSIGNMENT. This Agreement contains the entire understanding between you and Licensor concerning the subject matter of this Agreement, and supersedes all prior or contemporaneous agreements or understandings, oral or written. You may not assign any of your rights or delegate any of your obligations hereunder without first obtaining the prior written consent of the Store.

(017)  Definitions

(017A) The Store.  TRADING APP STORE LLC, a LOUISIANA ( the “Company”); all affiliates of the Company, whether organized on the date hereof or thereafter (“Affiliates”), all persons who were or who are owners, officers, directors, employees, consultants, advisors, and all persons of the Company or any Affiliate; all persons or entities who were or who are providing the Company or any Affiliate with any technical resource of any type or character, including hardware, software, communications infrastructure, , data transmission, data storage, data security or data analytics; all persons or entities who are providing , creating , testing , publishing, promoting or marketing any Informational Services (in whole or an part); all persons or entities who are or who may have been or may become a joint venturer with, or a licensor to,  the Company or any Affiliate;  all persons or entities who are or who may have been or may become a licensee of any Informational Service; ; all persons or entities who are or who may have been or may authorized by the Company or any Affiliate to organize any type of tutorial or other presentation ( virtual or in-person ) of any Informational Service (whether free or via paid access or subscription); any form of media  which is authorized by the Company or any  Affiliate to publish, market, publicize or promote the use of any Informational Service; and any  successor to the Company or any Affiliate, or any or the persons or entities set forth above

(017B). Informational Services… .for persons or entities authorized by the Company or any Affiliate: data  or information transmitted or communicated  telephonically, in-person or via in any media, which may include one or more  proprietary or branded (including white-labelled under a license to the Store)  software programs  (including AI or LLM platforms) or electronic applications, programs, algorithms, interfaces, tutorials, and any functional tool for charting, research, analysis, simulated trading, prediction , information viewing and processing, etc., whether downloadable, web-based, mobile phone-based, or via a mobile app, and whether server-based, cloud-based or in a virtual environment, which may be subject to copyright or  trademark ; and  financial data of any type of for the buying, selling, borrowing  lending of securities or digital assets and any general or specific  financial data, news and business information  made available by the Store  and communications involving any of the above, including support, educational or training. Informational Services may also be accessed through links to third party platforms. The definition of Informational Services excludes any data or information that a third party may derive from Informational Services.