Terms of Service

Last Modified: July 25th, 2024

This Terms of Service Agreement ("Agreement") is entered into by and between Nostradeamus LLC, doing business as Algo Alpha ("Algo Alpha," "we," "us," or "our"), and the individual or entity accessing or using the Algo Alpha service ("Customer," "you," or "your"). By accessing or using our services, you agree to be bound by this Agreement.

1. Definitions

  • "Authorized User"means an individual who is authorized by Customer to access and use the Service under Customer's account.
  • "Customer Data" means all data, information, and content that Customer or its Authorized Users submit, upload, or transmit through the Service.
  • "Documentation" means all user guides, manuals, and other documentation provided by Algo Alpha related to the Service.
  • "Algo Alpha IP" means the Service, all improvements, enhancements, and modifications thereto, all derivative works, and all intellectual property rights therein.
  • "Service" means the proprietary algorithmic trading software and related services provided by Algo Alpha as described in the applicable order form or subscription agreement.

2. Access and Use

Subject to the terms and conditions of this Agreement, Algo Alpha grants Customer a non-exclusive, non-transferable, revocable license to access and use the Service during the term of this Agreement solely for Customer's internal business purposes and in accordance with the Documentation.

Risk Settings

The Service provides three risk settings for algorithmic trading strategies:

  • Aggressive — Higher risk tolerance with greater potential drawdowns
  • Medium (Moderate) — Balanced approach to risk and return
  • Conservative — Lower risk tolerance with more controlled drawdowns

Customer is solely responsible for selecting and adjusting risk settings appropriate to their financial situation and risk tolerance.

Use Restrictions

Customer shall not, and shall not permit any third party to:

  1. Copy, modify, or create derivative works based upon the Service or any portion thereof;
  2. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive the source code, algorithms, or underlying ideas of the Service;
  3. Sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service;
  4. Use the Service for the benefit of any third party or to provide service bureau, time-sharing, or similar services;
  5. Remove any proprietary notices, labels, or markings from the Service;
  6. Access the Service for the purpose of building a competitive product or service;
  7. Access the Service for the purpose of monitoring its availability, performance, or functionality, or for any benchmarking or competitive purposes;
  8. Interfere with or disrupt the integrity or performance of the Service;
  9. Attempt to gain unauthorized access to the Service or its related systems or networks;
  10. Use the Service in violation of any applicable law, regulation, or rule;
  11. Use the Service to transmit any malicious code, viruses, or harmful software;
  12. Share account credentials with any unauthorized individual or entity;
  13. Use the Service to engage in any form of market manipulation or fraudulent trading activity.

3. Customer Responsibilities

Acceptable Use

Customer shall use the Service only for lawful purposes and in accordance with this Agreement. Customer is responsible for all activity occurring under its account and shall abide by all applicable local, state, national, and international laws and regulations.

Warranties

Customer warrants that (a) it has the legal right and authority to enter into this Agreement; (b) it will use the Service in compliance with all applicable laws, rules, and regulations; and (c) it will not use the Service in any way that could damage, disable, overburden, or impair the Service.

License Use

The license granted herein is for Customer's use only. Customer shall not share, transfer, or allow access to the Service by any unauthorized individual. Each license is tied to a single Customer account.

Customer Data

Customer grants Algo Alpha a non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, and display Customer Data solely to the extent necessary to provide the Service and as otherwise described in the Privacy Policy.

Passwords and Security

Customer is responsible for maintaining the confidentiality of its account credentials. Customer shall immediately notify Algo Alpha of any unauthorized use of its account or any other breach of security. Customer is solely responsible for any activity that occurs under its account.

4. Fees and Payment

Customer shall pay all fees specified in the applicable order form or subscription agreement. Fees consist of:

  • Upfront fees — Due at the time of purchase and activation of the Service.
  • Monthly maintenance fees — Recurring fees invoiced on a monthly basis as described in Section 5 below.

All fees are non-refundable except as expressly set forth in this Agreement. Late payments shall accrue interest at a rate of 1.5% per month (or the maximum rate permitted by law, whichever is less).

If payment is not received within 30 daysof the due date, Algo Alpha reserves the right to suspend Customer's access to the Service. Accounts that have been suspended due to non-payment may be subject to a $500 re-licensing fee to reactivate access.

Algo Alpha reserves the right to increase fees annually by up to 10%with 30 days' prior written notice to Customer.

5. Monthly Maintenance Fees

Monthly maintenance fees will be invoiced on a monthly basis beginning one (1) month after the date of activation of the Service. Invoices are due upon receipt.

A grace period of fourteen (14) calendar days from the invoice date will be provided for payment. If payment is not received within the grace period, the provisions of Section 4 regarding late payments and suspension shall apply.

6. Broker Selection

Algo Alpha is NOT a broker and does not provide brokerage services. Algo Alpha is a software provider that offers algorithmic trading technology. Customer is solely responsible for selecting and maintaining its own brokerage account with a licensed broker of Customer's choosing.

Algo Alpha makes no representations or warranties regarding any broker, and shall not be liable for any losses or damages arising from Customer's choice of broker or the actions or omissions of any broker.

7. Confidential Information

Each party acknowledges that in the course of this Agreement, it may receive confidential and proprietary information of the other party ("Confidential Information"). Confidential Information includes, without limitation, the terms of this Agreement, trade secrets, algorithms, business plans, financial information, customer data, and any other information designated as confidential.

Each party agrees to hold the other party's Confidential Information in strict confidence and not to disclose it to any third party without the prior written consent of the disclosing party. This obligation shall survive termination of this Agreement for a period of five (5) years.

8. Privacy Policy

Algo Alpha's collection, use, and disclosure of personal information is governed by our Privacy Policy, available at algoalpha.co/privacy-policy. By using the Service, Customer consents to the collection and use of information as described in the Privacy Policy.

9. IP Ownership

The Service is licensed, not sold. Algo Alpha and its licensors retain all right, title, and interest in and to the Service, including all related intellectual property rights. No rights are granted to Customer other than as expressly set forth in this Agreement.

Feedback

If Customer provides any feedback, suggestions, or recommendations regarding the Service ("Feedback"), Customer hereby assigns to Algo Alpha all right, title, and interest in and to such Feedback. Algo Alpha shall be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback without obligation or restriction of any kind.

10. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ALGO ALPHA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALGO ALPHA DOES NOT WARRANT OR GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY SPECIFIC LEVEL OF TRADING PERFORMANCE, RETURNS, OR PROFITS.

CUSTOMER ACKNOWLEDGES AND AGREES THAT THE USE OF THE SERVICE INVOLVES SIGNIFICANT RISK, INCLUDING THE RISK OF LOSS OF ALL INVESTED CAPITAL. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.

11. Indemnification

Customer shall indemnify, defend, and hold harmless Algo Alpha, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to: (a) Customer's use of the Service; (b) Customer's breach of this Agreement; (c) Customer's violation of any applicable law, rule, or regulation; or (d) Customer's negligence or willful misconduct.

12. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALGO ALPHA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

ALGO ALPHA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO ALGO ALPHA DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Termination

Either party may terminate this Agreement at any time by providing written notice to the other party. Upon termination:

  • Customer's access to the Service will be immediately revoked.
  • All fees owed up to the date of termination shall remain due and payable.
  • No refunds will be issued for any pre-paid fees, including upfront fees and any unused portion of monthly maintenance fees.
  • Customer shall immediately cease all use of the Service and destroy any copies of Documentation in its possession.
  • The provisions of this Agreement that by their nature should survive termination shall survive, including Sections 7, 9, 10, 11, 12, and 14.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Natrona County, Wyoming, and the parties hereby consent to personal jurisdiction and venue in such courts.

Contact Information

Nostradeamus LLC
30 N Gould St Ste R
Sheridan, WY 82801
Email: support@algoalpha.co