Software Platform Terms of Use, Risk Disclaimer, and Data Responsibility Notice
Last Updated: [Insert Date]
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE SOFTWARE. BY DOWNLOADING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, DO NOT DOWNLOAD OR USE THE SOFTWARE.
1. Introduction
This website and the associated software platform (the âSoftwareâ) are provided by [Your Company Name] (âCompanyâ, âweâ, or âusâ) solely as a technical tool that facilitates the use of the Charles Schwab API for automated trading. The Software is designed to simplify access to Schwabâs API for users who may not have advanced technical knowledge of API integration. Users are solely responsible for creating, configuring, and executing their own trading strategies through the Software.
2. Description of the Software
2.1 Local Installation and Data Storage
- The Software is available for download and is installed and run on your personal computer.
- All trading data, configuration settings, and personal data generated or stored by the Software remain solely on your local device.
- We do not collect, store, or process your trading data or personal data on our servers.
2.2 Functionality
- The Software acts solely as an interface that transmits trading signals and commands to your trading account via the Charles Schwab API.
- It does not store your funds, manage your accounts, or execute trades on your behalf.
- All trading actions occur directly on your account with your broker, and you have full control over all transactions.
2.3 Third-Party API
- The Software integrates with the Charles Schwab API.
- By using the Software, you agree to adhere to Schwabâs API terms and conditions.
- We do not assume any responsibility for any issues arising from your use of Schwabâs API or any changes in Schwabâs policies.
3. Risk Acknowledgment
Trading in financial markets involves significant risks, including but not limited to:
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Market Risk:
Financial markets are inherently volatile. Past performance is not indicative of future results, and you may incur substantial or even complete loss of your investment. -
Technical Risk:
The Software relies on the Charles Schwab API and your local hardware and network environment. Technical issues such as network interruptions, system crashes, or software bugs can delay, distort, or prevent the transmission of trading signals, potentially resulting in adverse trading outcomes. -
Operational Risk:
As a user, you are solely responsible for setting up, configuring, and monitoring your trading strategies. Misconfigurations, user errors, or misinterpretation of the Softwareâs functions may lead to unintended trades and losses. -
Responsibility for Trading Decisions:
The Software is a technical tool and does not provide any investment advice or recommendations. All trading decisions are made by you, and you assume all risks associated with those decisions.
4. Disclaimer of Liability
By using the Software, you expressly agree to the following:
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No Investment Advice:
The Software and all related materials are provided for informational and technical purposes only. They are not intended as investment advice, and you should consult with an independent financial advisor before making any trading decisions. -
Limitation of Liability:
Under no circumstances shall [Your Company Name], its affiliates, directors, employees, agents, or partners be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of or inability to use the Software, even if we have been advised of the possibility of such damages. This includes, but is not limited to, losses resulting from:- Errors, omissions, or inaccuracies in the transmission of trading signals.
- Technical failures, such as software bugs, network outages, or hardware malfunctions.
- Any changes or errors related to the integration with the Charles Schwab API.
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No Guarantee of Profitability:
The Software does not guarantee profitable trading or any particular outcomes. All trading activities carry inherent risks, and you assume full responsibility for your trading results.
5. Data Responsibility and Security
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Local Data Storage:
All data generated by or entered into the Software (including trading data and personal information) is stored locally on your device. [Your Company Name] does not access, transmit, or store any such data on its servers. -
User Responsibility:
You are solely responsible for the security, backup, and integrity of the data on your device. We recommend that you implement appropriate measures (such as regular backups and antivirus software) to protect your device and data. -
No Liability for Local Data Loss:
[Your Company Name] is not responsible for any loss, damage, or compromise of data stored on your local device as a result of using the Software.
6. Compliance with Third-Party API Terms
By using the Software, you acknowledge and agree that:
- You must comply with all applicable terms and conditions set forth by Charles Schwab for the use of its API.
- [Your Company Name] does not control, manage, or alter the API provided by Charles Schwab, and you should monitor any changes to Schwabâs policies that may affect your use of the Software.
7. User Agreement and Acceptance
By downloading, installing, or using the Software, you confirm that:
- You have read, understood, and agreed to the terms set forth in this document.
- You understand that the Software is provided âas isâ and that [Your Company Name] is not liable for any issues, losses, or damages that may occur as a result of its use.
- You accept full responsibility for your trading decisions and acknowledge that all risks associated with automated trading are solely yours.
8. Modifications to This Document
[Your Company Name] reserves the right to update or modify this document at any time without prior notice. Any changes will be effective immediately upon posting on our website. Your continued use of the Software after any such changes constitutes your acceptance of the revised terms.
9. Contact Information
If you have any questions or concerns regarding this document or the Software, please contact us at:
[Your Company Name]
Email: [Insert Email Address]
Address: [Insert Physical Address, if applicable]
By accessing or using the Software, you agree to be bound by the terms and conditions set forth in this document. If you do not agree to these terms, please do not download, install, or use the Software.