Warning: General information only
📜 Terms of Service
These Terms of Use ("Terms") govern your access to and use of the Site and any services, data, software, tools, content, or features provided by Take Profits (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
📋 Table of Contents
- 1. Eligibility & Accounts
- 2. Subscriptions, Billing & Trials
- 3. License & Acceptable Use
- 4. User Content & Feedback
- 5. Ownership & Intellectual Property
- 6. Market Data & Third-Party Content
- 7. Tools, Models & Backtesting
- 8. Communications
- 9. Privacy
- 10. Regulatory Status & Securities Laws
- 11. Geographic Restrictions & Sanctions
- 12. Beta Features
- 13. Suspension & Termination
- 14. Disclaimers
- 15. Limitation of Liability
- 16. Indemnification
- 17. Changes to the Services and to these Terms
- 18. Governing Law & Dispute Resolution
- 19. Miscellaneous
- 20. Contact
1. Eligibility & Accounts
Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter a contract to use the Services.
Account registration. You may need an account to access certain features. You agree to provide accurate information and keep it updated.
Security. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of any unauthorized use or security breach.
One person, one account. Unless explicitly permitted, you may not share account access, credentials, or subscription benefits with others.
2. Subscriptions, Billing & Trials
Plans and fees. Certain features require a paid subscription. Prices, features, and limits are described at checkout or in your account dashboard and may change from time to time.
Billing. You authorize us (and our payment processors) to charge all fees to your chosen payment method, including applicable taxes. Recurring subscriptions renew automatically until cancelled.
Cancellations & refunds. You can cancel anytime from your account page; Premium continues until the end of the billing period. Deleting your account cancels Premium immediately. Unless required by law or expressly stated otherwise, fees are non-refundable.
Chargebacks. Disputing a valid charge without contacting us first may result in suspension or termination.
Taxes. You are responsible for any taxes associated with your purchase, excluding our income taxes.
3. License & Acceptable Use
Limited license. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal or internal business purposes.
No redistribution or reselling. Except as expressly permitted in writing, you may not reproduce, republish, resell, frame, scrape, mirror, aggregate, index, or redistribute the Services or any data, content, or analytics derived from the Services, including third-party market data.
Prohibited activities. You agree not to:
- violate any law or third-party right (IP, privacy, securities, or market-data licensing rules);
- decompile, reverse engineer, or attempt to access source code;
- circumvent security, access controls, usage limits, or paywalls;
- use bots, spiders, or automated methods to extract or download data;
- upload malware or interfere with the Services;
- use the Services to create or train competing datasets, models, or services without our prior written consent;
- falsely imply endorsement by or affiliation with Take Profits.
4. User Content & Feedback
Your content. If you submit, upload, or create content (e.g., your watchlist, price alerts and feedback) ("User Content"), you retain ownership of your rights in that content.
License to us. You grant Take Profits a worldwide, non-exclusive, royalty-free license to host, use, reproduce, modify, and display User Content as necessary to operate and improve the Services and to provide features you request.
Responsibility. You are solely responsible for User Content, represent that you have all necessary rights to it, and that it does not infringe any third-party rights or laws.
Feedback. If you provide suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.
5. Ownership & Intellectual Property
Our IP. The Services, including software, design, algorithms, data schemas, proprietary signals, analytics, and content provided by or on behalf of Take Profits, are owned by us or our licensors and are protected by intellectual property laws.
No implied rights. Except for the limited license in Section 3, no rights are granted to you, express or implied. All rights not expressly granted are reserved.
6. Market Data & Third-Party Content
Sources. Market data, news, and other third-party content are provided by external vendors and exchanges and may be delayed, incomplete, inaccurate, interrupted, or subject to change.
Licensing restrictions. Your use of market data is subject to our vendors' and exchanges' licensing rules. You may not redistribute, display publicly, or use market data to power external products without an appropriate license.
No guarantee. We do not guarantee the accuracy, timeliness, or availability of third-party content and are not responsible for any errors or omissions.
Attribution & audit. You agree to provide any required attributions and to cooperate with reasonable compliance or audit requests from us or our data vendors.
7. Tools, Models & Backtesting
Automated information. Market scans, the reasons we show for price moves and their confidence scores, and other figures are produced automatically from third-party data. They can be wrong, incomplete or out of date, and they are not recommendations.
No reliability warranty. Calculations may contain errors or rely on assumptions that prove inaccurate. You use them at your own risk.
Alerts & notifications. Alerts may be delayed or fail to deliver. Do not rely on alerts as your sole source of market information.
8. Communications
By creating an account you will receive service emails (address verification, password resets, billing receipts and security notices) and the price-alert emails you set up. Every alert email has a link to stop that alert. We don't send marketing emails.
9. Privacy
Our collection and use of personal information is described in our Privacy Policy. By using the Services, you consent to those practices.
10. Regulatory Status & Securities Laws
General information only. Take Profits is not a broker or an exchange. It provides general information only and does not provide personal financial advice, solicitations, or recommendations to buy or sell securities or derivatives.
Your responsibility. You are solely responsible for your investment decisions and for complying with applicable laws, including securities, market abuse, and data-usage regulations.
11. Geographic Restrictions & Sanctions
We may restrict access to all or parts of the Services in certain locations or to certain persons (e.g., sanctioned parties). You represent that you are not located in, under the control of, or a national or resident of any country or on any list where such use is prohibited.
12. Beta Features
From time to time, we may offer experimental or "beta" features. They are provided as-is, may be changed or discontinued at any time, and may be subject to additional terms.
13. Suspension & Termination
We may suspend or terminate your access immediately if you breach these Terms, create risk or possible legal exposure, or if required to do so by law or a vendor. Upon termination, your license ends and you must stop using the Services. Sections that by their nature should survive (e.g., 4–7, 10, 13–19) will survive.
14. Disclaimers
As-is / as-available. The Services are provided "as is" and "as available." We disclaim all warranties and conditions, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement.
No uninterrupted service. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that defects will be corrected.
Financial disclaimer. The Financial Disclaimer at the top of these Terms applies to all content and features.
Nothing in these Terms limits any non-excludable statutory guarantees or rights you may have under applicable consumer laws (e.g., the Australian Consumer Law). To the extent permitted by law, our liability for breach of a non-excludable guarantee is limited, at our option, to re-supplying the services or paying the cost of having the services re-supplied.
15. Limitation of Liability
To the maximum extent permitted by law, in no event will Take Profits, its affiliates, directors, employees, licensors, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, or other intangible losses, arising out of or relating to your use of (or inability to use) the Services, even if advised of the possibility of such damages.
Where liability cannot be excluded, our aggregate liability to you for all claims relating to the Services in any 12-month period shall not exceed the greater of (a) the amount you paid to us for the Services during that period or (b) AUD $100 (or the equivalent in your local currency).
16. Indemnification
You agree to indemnify and hold harmless Take Profits and its affiliates, directors, employees, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your: (a) use of the Services; (b) violation of these Terms; (c) infringement or violation of any third-party right or law; or (d) User Content.
17. Changes to the Services and to these Terms
We may modify or discontinue any part of the Services at any time. We may update these Terms from time to time. Material changes will be posted on this page and/or communicated by email or in-product notice. The "Effective date" above reflects the latest version. Continued use after changes become effective constitutes acceptance.
18. Governing Law & Dispute Resolution
Governing law. These Terms are governed by the laws of Victoria, Australia, without regard to conflict-of-laws rules.
Venue. You agree to the exclusive jurisdiction and venue of the courts located in Victoria, Australia for any disputes not subject to arbitration.
19. Miscellaneous
Entire agreement. These Terms, together with the Privacy Policy and any plan-specific terms, constitute the entire agreement between you and us.
Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Severability. If any provision is unenforceable, the remainder remains in effect.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
Headings. Headings are for convenience only and do not affect interpretation.
20. Contact
Questions about these Terms or the Services:
Email: hello@takeprofits.com