tckrAI Terms of Service
These Terms of Service ("Terms") govern your (“user”, “customer”) access to and use of tckrAI, a web application operated by tckr ("we", "us", "our"), and any associated services we offer (collectively referred to as “tckrAI”).
Acceptance of Terms
By registering for, accessing, or using tckrAI, you agree to these Terms and to any additional terms, conditions, and policies referenced herein or accessible via hyperlinks. If you do not agree to these Terms, do not use tckrAI.
Online Terms
By using tckrAI, you confirm you are at least the age of majority in your jurisdiction and have the legal capacity to enter into a binding contract. You agree to use tckrAI responsibly and lawfully, without infringing on the rights of others or restricting their use and enjoyment of tckrAI. This includes abstaining from harmful, threatening, abusive, harassing, defamatory, vulgar, or obscene conduct. You are also responsible for ensuring your use of tckrAI complies with all applicable laws, rules, and regulations in your jurisdiction. tckr explicitly forbids the use of tckrAI in any jurisdiction in which it is unlawful, or becomes unlawful, to use tckrAI or any portion of tckrAI. Violation of these terms may result in termination of your account in keeping with our Termination and Suspension terms.
Services Offered
tckrAI enables users to perform financial market analysis. This includes access to market data and the ability to train, test, and use artificial intelligence (AI) models. tckrAI is subject to the subscription tier chosen by you, which determines the features available. Upon payment of applicable fees, you are granted the right to access and use tckrAI in accordance with these Terms.
User Registration and Accounts
To access most features of tckrAI, you must register for an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. tckr reserves the right to refuse service, terminate accounts, or cancel orders for tckrAI at our sole discretion, should we believe that user conduct violates applicable law or is harmful to the interests of tckr, its employees, its users, or its affiliates.
No Financial Advice Provided
The content provided through tckrAI, including all data, analysis, and outputs generated by our AI models, is for informational purposes only and should not be construed as financial advice. tckrAI is for personal use only, is not designed for professional trading purposes, and should not be relied upon by professional traders or financial institutions for conducting trades or making investment decisions. tckr is not affiliated with the Securities and Exchange Commission (SEC) or any financial regulatory authority. The use of tckrAI and its outputs does not create a financial advisor-client relationship between tckr and any user.
Additionally, tckr does not guarantee any specific outcomes or returns based on the use of tckrAI. Trading decisions are made at the user's own risk, and past performance is not indicative of future results.
Data Accuracy and Limitations
tckrAI relies on various third-party data sources to collect market data used in our AI models. tckr does not endorse any specific third-party data provider and it is the responsibility of users or tckrAI to evaluate the data provided. Despite efforts to ensure reliability, we do not guarantee the accuracy, completeness, or timeliness of the data. Market data may contain errors due to issues like reporting discrepancies, delays, and variances among data providers. tckr is not liable for errors in market data or for any decisions made based on such data. Users should independently verify the data provided by tckrAI and exercise caution when making trading decisions. We are committed to continuously improving data quality and model accuracy, but it is important for users to understand and accept these limitations.
AI Model and Algorithm Limitations
Users acknowledge that AI models and other algorithms, including those offered by tckrAI, are inherently subject to limitations and may not accurately predict financial, market, sentiment, or other outcomes. While tckrAI enables users to use advanced technology and algorithms to analyze data, the models and algorithms created, trained, tested, adjusted, and used through tckrAI may make mistakes or produce inaccurate results.
Service Availability and Performance
tckrAI, or services on which it depends, may experience occasional downtime, performance, or operational issues due to scheduled maintenance, technical issues, or network disruptions. These issues may result in poor performance, malfunctioning, or the unavailability of the tckrAI interface, algorithms, models, or overall service. Users may be unable to log in or otherwise access tckrAI under these circumstances, or if they can, the service may not function correctly.
TCKR IS NOT LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER REAL OR IMPLIED, RESULTING FROM THE INABILITY TO ACCESS OR USE THE SERVICE DUE TO DOWNTIME. BY USING TCKRAI, YOU ACCEPT THIS RISK.
Assumption of Risk
By using tckrAI, users agree to assume all risks associated with their financial decisions. Users should perform their own due diligence and consider seeking advice from qualified professionals before making any investment based on insights or outputs derived from tckrAI.
Payment and Subscriptions
tckrAI's paid subscription tiers have varying features, available on monthly or annual terms. We reserve the right to change the features of any subscription tier at any time. Changes may include the modification, addition, or removal of features. Subscription fees are non-refundable, except as specified in our Cancellation and Refund Policy. We may adjust subscription prices and will notify subscribers of any increases in advance through Paddle, our third-party payment provider. By paying for the use of any of tckrAI’s features, you are agreeing to the Paddle Invoiced Consumer Terms and Conditions available for review at Paddle's website (https://paddle.com).
BY SUBSCRIBING TO TCKRAI, YOU AUTHORIZE US TO CHARGE YOU ON A RECURRING BASIS AS SPECIFIED AT THE TIME OF PURCHASE.
If we do not receive payment from Paddle, or if your payment method expires or is rejected, you agree to pay all amounts due upon demand. Following such non-payment, we may require you to provide a second valid payment method before continuing to use tckrAI. You authorize us to charge outstanding Subscription Fees and other amounts due through Paddle. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including membership, overdraft, insufficient funds, and over-the-credit-limit fees. You agree to notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your credit card statement. If you do not bring them to our attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies.
If any subscription fees are not received from you when due, in addition to the other rights and remedies available and at our discretion, your ability to access tckrAI will be immediately suspended until you provide updated payment information and we receive such payment. WE WILL NOT BE LIABLE FOR ANY LOSSES WHATSOEVER INCURRED BY YOU RELATED TO YOUR FAILURE TO PAY UNDISPUTED FEES IN ACCORDANCE WITH THIS SECTION.
Cancellation and Refund Policy
tckrAI is committed to customer satisfaction and offers a 14-day refund policy on our paid subscriptions. If you are not fully satisfied within the first 14 days of your subscription purchase, you may request a refund by contacting Paddle customer support at https://paddle.net/. We reserve the right to deny requests in cases of suspected misuse or abuse. Additionally, if we observe that an individual or entity repeatedly subscribes to tckrAI, cancels, and then subscribes again in a manner that appears intended to exploit the refund policy for ongoing use without payment, we reserve the right to ban such individuals or entities from further use of tckrAI. Cancellation requests submitted after the 14-day refund window has elapsed will take effect at the end of the subscription period.
If we do not receive payment from Paddle, or if your payment method expires or is rejected, you agree to pay all amounts due upon demand. Following such non-payment, we may require you to provide a second valid payment method before continuing to use tckrAI. You authorize us to charge outstanding Subscription Fees and other amounts due through Paddle. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including membership, overdraft, insufficient funds, and over-the-credit-limit fees. You agree to notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your credit card statement. If you do not bring them to our attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies.
Prohibited Uses
Users are expected to use tckrAI responsibly and legally. Users of tckrAI are prohibited from engaging in illegal activities, including but not limited to committing criminal offenses, violating local, state, national, or international laws, or engaging in civil liabilities. Users must not interfere with the system integrity or security of tckrAI, attempt unauthorized access to the system or associated networks, or perform security breaches. The misuse of data, such as republishing, distributing without authorization, or using data in a way that competes with tckr, is strictly forbidden. This includes any form of spamming, unsolicited advertising, or duplicating content available through tckrAI without express written consent from tckr. Users are also prohibited from selling, sublicensing, or commercializing tckrAI or its outputs. Transmitting harmful software, such as viruses or malware, through tckrAI, or engaging in excessive or abusive usage that exceeds reasonable request volumes, is not permitted. Users must not share, transfer, time-share, provide service bureau functions, or otherwise provide access to their account to third parties. Framing or linking to tckrAI without permission, removing proprietary notices, or reverse engineering, decompiling, or otherwise attempting to discover the source code of tckrAI is prohibited. Additionally, the use of spiders, robots, or other automated means to access tckrAI, and accessing tckrAI to build or benchmark a similar or competitive product, are strictly forbidden. Violations of these prohibitions may result in the immediate termination of your account and further legal action.
Termination and Suspension
tckr reserves the right to suspend or terminate your account and access to tckrAI if you are found to be in breach of these Terms, engaged in illegal activities, misusing the services, or otherwise harming tckr or tckrAI technically, financially, reputationally, or otherwise. In instances where your account is terminated due to your violation of these Terms or due to abusive use of the service, tckr may at its discretion decide not to refund any amounts paid for the subscription up to the date of termination. We reserve the right to take further legal action against you if the circumstances warrant such measures. All decisions regarding the suspension, termination, and cancellation will be made by tckr at its sole discretion and are final. tckr reserves the right to preserve and retain your account information and any related data after termination to comply with legal obligations, resolve disputes, enforce our agreements, or protect our rights.
Changes to tckrAI
tckr reserves the right, at its sole discretion, to modify, suspend, or discontinue all or any part of tckrAI at any time without notice. This includes changing features, availability of certain functionalities, and discontinuing elements of tckrAI. We will not be liable to you or to any third party for any modifications, suspensions, or discontinuance of tckrAI or any part thereof.
Privacy Policy
For details about how we collect, use, and safeguard your personal information, please refer to our Privacy Policy at this web address: https://tckrai.com/privacy. By agreeing to these Terms, you consent to the practices described in the Privacy Policy.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TCKR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TCKR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF, OR THE INABILITY TO USE, TCKRAI OR ANY OTHER MATTER RELATING TO TCKRAI.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED $100, OR IF GREATER, THE AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE DATE THE CAUSE OF ACTION ARISES. ANY CLAIM ARISING UNDER THIS AGREEMENT MUST BE BROUGHT BY YOU WITHIN 12 MONTHS AFTER THE EVENTS GIVING RISE TO THE CAUSE OF ACTION ARE DISCOVERED, OTHERWISE YOU RELEASE US OF ANY SUCH CLAIM.
Disclaimer of Warranties
EXCEPT FOR THE EXPRESS WARRANTY CONTAINED HEREIN, IF ANY, THE TCKRAI IS PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT: (I) TCKRAI WILL MEET YOUR REQUIREMENTS; (II) THE OPERATION OF TCKRAI WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; (III) DEFECTS, IF ANY, WILL BE CORRECTED; (IV) THE INFORMATION OR CONTENT PROVIDED THROUGH TCKRAI WILL BE ACCURATE, RELIABLE, OR CURRENT; OR (V) TCKRAI, ITS SERVERS, CONTENT, OR EMAILS SENT FROM OR ON OUR BEHALF ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS, OR OTHER HARMFUL COMPONENTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL, OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE). TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE FURTHER DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. YOU AGREE THAT YOUR USE OF TCKRAI OR PURCHASE OF ANY SUBSCRIPTIONS HEREUNDER IS NEITHER CONTINGENT ON THE DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURES.
Indemnification
Users agree to indemnify and hold harmless tckr, its officers, directors, employees, and agents, from any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to tckrAI; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, privacy, or property right; (iv) your violation of any applicable law; (v) any improper use of the information gained through the use of tckrAI, including but not limited to making trades for third parties; or (vi) any claim that your use of tckrAI caused damage to a third-party.
Intellectual Property Rights
The technology and software underlying tckrAI, including all intellectual property rights, are the exclusive property of tckr. Except for the rights explicitly granted to users in these Terms, all rights are reserved. tckrAI may contain proprietary notices and/or attribution notices that shall not be removed, modified, or obstructed by you in any way. The tckr and tckrAI tradename and trademark, our logo, and all other service marks or trademarks of third parties provided on tckrAI (“Marks”) are trademarks or registered trademarks of tckr, its affiliates, partners, and licensors, or the respective third-party owner. You may not use, copy, reproduce, republish, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity, without our prior written consent.
You acknowledge that a breach of this section could cause irreparable injury to us that may not be adequately compensated in monetary damages. In the event of such a breach, we are entitled to seek equitable relief, including preliminary and permanent injunctions.
User Generated Content
By submitting, posting, or displaying any content, data, or other materials ("User Generated Content") on or through tckrAI, you grant tckr a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods now known or later developed. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Generated Content that you submit. tckr takes no responsibility and assumes no liability for any User Generated Content that you or any other user or third-party posts or transmits using tckrAI. You agree to be solely responsible for your User Generated Content and the consequences of posting or publishing it.
Feedback
“Feedback” means any communications or materials sent or transmitted from you to us suggesting or recommending changes to tckrAI, including, without limitation, to new features or functionality requests, or any comments, questions, or the like. By submitting or otherwise making Feedback available to us, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) we are under no obligation of confidentiality, expressed or implied, with respect to the Feedback; (c) we may use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Feedback already under consideration or in development; (e) your Feedback automatically becomes the property of tckr, without any obligation of tckr to you; and (f) you are not entitled to any compensation or reimbursement of any kind from tckr under any circumstances.
Document Precedence
This Terms document constitutes the entire agreement between you and tckr regarding the use of tckrAI and supersedes all prior and contemporaneous written or oral agreements, proposals, or communications with respect to the subject matter herein. In the event of any conflict or discrepancy between the provisions of these Terms and any other agreements, promotional materials, third-party terms, or documentation provided or accessible in connection with tckrAI, the provisions of this Terms document shall prevail. We reserve the right to resolve any discrepancies, conflicts, or ambiguities in a manner we deem appropriate, with all determinations to be final and binding.
Severability
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This severability clause ensures that the rest of the Terms continue to be in effect even if one part is declared invalid or illegal.
Amendments to Terms
We may amend these Terms at any time by posting the revised terms on our website. Your continued use of tckrAI after the posting of changes constitutes your binding acceptance of such changes.
Governing Law and Dispute Resolution
These Terms and any disputes arising out of or related to these Terms or the use of tckrAI shall be governed by and construed in accordance with the laws of the state of Delaware and applicable laws of the United States of America, without giving effect to any principles of conflicts of law.
For any dispute with us, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. In the event we are unable to resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this provision to arbitrate, shall be determined solely and exclusively by binding arbitration before a single arbitrator. You and we also agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and that such arbitration will be conducted in Delaware, unless you and we agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This arbitration provision is governed by the Federal Arbitration Act.
No Class Action; Waiver of Jury Trial
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NO CLASS ACTION OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THESE TERMS. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Contact Information
If you have any questions about these Terms or tckrAI, please contact us at [email protected].