Terms And Conditions
Overview
All use of the website, information, services, and content distributed
through or in conjunction with or made available on the website is offered
to you subject to your acceptance of these Terms of Service and our
Privacy Policy. By purchasing any goods or services from this website, you are
furthermore bound by this site's terms and conditions.
The following terms and conditions incorporate a legal agreement between you (“You”) and (“TraderMade”) and set forth the terms and conditions by which TraderMade will make the TraderMade API service available in order to electronically provide You with use of and access to TraderMade Data & Services.
TraderMade API Services
For the purposes of this Agreement, “TraderMade API Services” shall consist of:
all currency data and information feeds, media, software, and/or
electronic documentation made available or supplied by TraderMade or
its licensees
and certain other software, data, and/or documents supplied by
TraderMade or its licensees to facilitate use of such data or
services. “TraderMade API Data and Services” means TraderMade’s
service or application programming interface that allows You and other
authorised licensees to access TraderMade API Data & Services and
make use of TraderMade API Services. This Agreement includes all
amendments, addendums, and revisions to the terms herein in effect
between You and TraderMade from time to time.
Acknowledgement
The following terms and conditions incorporate a legal agreement between you (“You”) and (“TraderMade”) and set forth the terms and conditions by which TraderMade will make the TraderMade API service available in order to electronically provide You with use of and access to TraderMade Data & Services.
TraderMade API Services
For the purposes of this Agreement, “TraderMade API Services” shall consist of:
Acknowledgement
By accessing or otherwise using the TraderMade API, You acknowledge that
You:
have read all of the terms and conditions of this Agreement;
agree to be bound by the terms and conditions of this Agreement;
agree to check the TraderMade API pages from time to time for any
updates or amendments to the terms and conditions of this Agreement;
and,
have the power and authority to enter into this Agreement. If You do
not acknowledge the above, You may not access or use the TraderMade
API. If You are dissatisfied with the terms, conditions, rules,
policies, guidelines, or practices of TraderMade, Your sole and
exclusive remedy is to discontinue accessing or otherwise using the
TraderMade API.
Scope of License
Grant of License
TraderMade hereby grants to You a non-transferable, non-exclusive, revocable, and limited license for the term of this Agreement to access the TraderMade API and use TraderMade API Data & Services strictly for the limited purposes, and under the terms and conditions, as are set forth in this Agreement.
Scope of the TraderMade API License
Subject to Your compliance with the terms of this Agreement, You are hereby permitted to receive, process TraderMade API Data & Services internally, provided
Use of License
Restrictions
You shall not:
Fair Business Use
"Fair Business Use" means our rates are used for internal purposes or internal applications. If you require to display our rates or want to give access to our data you will need a prior permission from TraderMade. TraderMade reserves the right to change fair business use cases as and when deemed necessary.
In event of a breach of "Fair Business Use", TraderMade reserves the right to claim resonable remuneration.
Your Responsibility to Safeguard
You shall use Your best efforts and take all necessary steps to safeguard TraderMade API Data & Services to ensure that no unauthorized reproduction, publication, disclosure, modification, distribution, or other use of any TraderMade API Data & Services is made in whole or in part. To the extent that You become aware of any such unauthorized use of TraderMade API Data & Services, You shall immediately notify TraderMade by emailing “support@tradermade.com”.
Misuse of the Licensed Product
In the event that You or any end-user(s) use TraderMade API Data & Services or the TraderMade API in violation of this Agreement, as applicable, TraderMade shall have the option of electing liquidated damages.
Services and Data
Use of the TraderMade API
Subject to the terms herein, TraderMade will provide You with access to TraderMade API Data & Services over the Internet through the TraderMade API. All calls to the TraderMade API must reference the credentials issued to You by TraderMade. You may not disclose Your credentials to any other party. You are solely responsible for ensuring the secrecy and security of Your credentials and will be responsible for all activities that occur using such credentials. You shall not use the TraderMade API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.
Usage
The extent of Your usage of the TraderMade API is dependent on Your subscription plan. You shall not exceed the usage limits associated with Your account. Unused amounts of call usage will not be carried over from one monthly period to the next. If You exceed Your monthly usage limit, the TraderMade API will return an error message stating that Your monthly usage limit has been reached and no further API calls can be made within the current monthly term. It is Your sole responsibility to ensure that your application(s) properly detect and handle any returned error messages. TraderMade will make reasonable efforts to help You identify and resolve usage problems, or to review the suitability of Your current subscription plan for Your needs. TraderMade reserves the right to limit or throttle the number of network calls available to Your application(s) if TraderMade (in its sole discretion) believes that such calls are being made for malicious reasons, or as the result of a technical error.
When signing up for a REST plan (Both Paid and Free) the customer is getting a pre-defined number of API requests when this number of requests is used there is no obligation for TMS to provide system access. If the customer's subscription is not canceled a payment attempt will be made, if this is successful your allocation will continue for another month. If the payment attempt is unsuccessful the subscription will be canceled and your account will revert to the free plan. There is no obligation by the customer for any unpaid plans.
When signing up for a paid WebSocket plan all plans run on a 1-month rolling basis, the customer's access period will run from the date of payment for 1 month. After 1 month a payment attempt will be made if this is successful access for the coming month will be enabled, If the customer's subscription is not canceled a payment attempt will be made if this fails access to the system will be disabled. There is no obligation for the customer for any unpaid plans.
A WebSocket or SocketIO licence entitles the holder to a single connection to the server using an allocated key, calling the server from multiple locations with the same key resulting in the connection bouncing between clients will result in your IP addresses being blocking until this issues is resolved. If you wish to make more than one client connection to the server you will need to purchase multiple licences, this can be done by contacting support@tradermade.com
Responsibility for Software and Hardware
You shall be solely responsible for acquiring, providing, and maintaining all software/hardware and Internet Services required to access the TraderMade API, including but not limited to telecommunication and internet connections, ISP, web browsers, and/or other equipment and software required to access and use the TraderMade API.
Services May Be Inaccessible Or Inoperable
You hereby acknowledge that from time to time, the TraderMade API may be inaccessible or inoperable for any reason, including, without limitation:
Service Level Agreement
If the TraderMade API is unavailable to all TraderMade API customers for more than three consecutive hours in any one calendar day, beginning at 12:00:01 AM London time (GMT + 01:00) and ending at 11:59:59 PM London time (GMT + 01:00) of the same day, an outage will be deemed to have occurred. If there are more than three outages within any one calendar week, beginning at 12:00:01 AM London time (GMT + 01:00) on a Monday and ending at 11:59:59 PM London time (GMT + 01:00) on a Sunday, then You may terminate this Agreement, without liability, by providing written notice to TraderMade of Your intention to do so within one calendar week of the third outage. Upon such termination being accepted by TraderMade, You shall be entitled to a refund equal to the amount You have paid for the latest term.
Right to Change Content or Format
You acknowledge that TraderMade may from time to time, and in its sole discretion, update or change the content or format of TraderMade API Data or the TraderMade API. TraderMade shall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since TraderMade strives to accurately reflect these and adjust to these changes, significant advance notice is not always possible. You may be required to use the most recent version of the TraderMade API in order to ensure functionality of Your application(s) with TraderMade API Data & Services.
Publicity
Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Each Subscriber agrees that TraderMade (TraderMade) may include such Subscriber’s name and trademarks in a list of TraderMade (TraderMade) Subscribers, online or in promotional materials. Each Subscriber also agrees that TraderMade (TraderMade) may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this section by contacting TraderMade.com Support.Proprietary Rights
Trademarks"TraderMade", "TraderMade.com", the TraderMade logo and other identifying marks of TraderMade are and shall remain the trademarks and trade names and exclusive property of TraderMade, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners.
Licensed, Not Sold
Use of TraderMade API Data & Services and the TraderMade API is licensed, and not sold.
Consent to Collection, Use, Retention, and Disclosure of Information In the course of providing the TraderMade API, TraderMade collects information, including standard information of the type normally exchanged when accessing any web site or web service. This information pertains only to the access of the TraderMade API, and is no different in nature to the information available to any Internet web server during the course of fulfilling a standard web request. Please read TraderMade’s Privacy Policy. By agreeing to the terms of this Agreement, You are expressly consenting to TraderMade’s collection, use, retention, and disclosure of information as set out in its Privacy Policy.
No Granting of Ownership Rights
You acknowledge that TraderMade owns all right, title, and interest (including but not limited to all copyright rights therein) in and to the TraderMade API Data & Services or the TraderMade API, and that You shall not take any action inconsistent with such ownership. Nothing contained in this Agreement shall be construed as granting You any ownership rights in or to any TraderMade API Data & Services or the TraderMade API.
TraderMade’s Right to Terminate
TraderMade reserves the right at any time to terminate this Agreement, or withdraw from distributing TraderMade API Data & Services or providing access to the TraderMade API, if for any reason it no longer retains the right to publish or distribute the TraderMade API Data & Services.
Disclaimer
Provided in Good Faith The TraderMade API and Real-Time TraderMade Data Services are provided by TraderMade in good faith and although TraderMade endeavours to ensure that TraderMade API Data & Services and the TraderMade API are accurate and obtained from sources believed to be reliable, TraderMade does not guarantee or warrant:Disclaimer
The TraderMade API and TraderMade API Data & Services are provided “as is” and “as available”, without any warranty of any kind and TraderMade, its affiliates, agents and/or suppliers, officers, directors, and employees expressly disclaim any and all warranties, whether expressed or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of third parties. In no event shall TraderMade be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In no event shall TraderMade, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the TraderMade API, be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In the event the limitations and disclaimers contained in this Article are found by a court of competent jurisdiction to be ineffective or inapplicable, the parties agree that TraderMade’s maximum aggregate liability to You and all end-user(s), whether arising in contract, tort, strict liability, or otherwise, shall be limited, and in no event shall it exceed, the amount of fees paid by You for the current term.
Disclaimer
You acknowledge that TraderMade is not, and is not affiliated with, a financial institution or financial data feed provider, but obtains its financial data from a variety of sources. You further acknowledge that financial data often differs between financial institutions and between geographic jurisdictions and accordingly may vary from that provided by TraderMade pursuant to this agreement. Although TraderMade has used its commercially reasonable efforts to obtain the most accurate and timely financial data available from the aforementioned sources, TraderMade makes no representations or warranties as to accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing or completeness of the TraderMade API Data or the TraderMade API. You acknowledge that no part of TraderMade API Data constitutes advice regarding financial, investment, legal, or tax issues, and that You and all end-user(s) should seek independent professional advice before making any decisions regarding such issues. Disclaimer TraderMade does not represent or warrant that the TraderMade API, or access to the TraderMade API, will be uninterrupted or error-free or that errors in the TraderMade API and/or TraderMade API Data & Services will be corrected.
Disclaimer
In no event shall TraderMade, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the TraderMade API be liable to You or to any end-user(s) in any manner whatsoever for any interruptions, delays, the unavailability or inoperability, inaccuracies, errors, or omissions, regardless of cause, in the TraderMade API and/or the TraderMade API Data & Services or for any losses, damages, liabilities or expenses resulting therefrom regardless of cause, even if TraderMade knew or should have known of the possibility of or could have prevented such damages.
Indemnification by You
You shall indemnify, defend, and save harmless TraderMade, its affiliates and subsidiaries, and their officers, directors, employees and agents from any loss, damage, liability or expense (including reasonable attorneys’ fees, accountants’ fees and other legal expenses) to which any of them may become subject to and which are in any way related to or which have arisen under or in connection with:
General
These Terms of Service incorporate by reference all notices and disclaimers contained in the Services constitute the entire agreement between you and TraderMade with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms of Service supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and TraderMade relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and TraderMade.If any provision of these Terms of Service is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms of Service shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. TraderMade's failure to insist upon, or enforce, strict performance of any right or provision of these Terms of Service shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms of Service.
You agree that these Terms of Service, TraderMade's Privacy Policy and other legal documents posted through the Services have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.
If you are a consumer, please note that these Terms of Service, its subject matter and its formation, are governed by UK law. You and we both agree to that the courts of UK will have non-exclusive jurisdiction. If you are a business, these Terms of Service, its subject matter and its formation (and any non-contractual disputes or claims) are governed by UK law. We both agree to the exclusive jurisdiction of the courts of UK.
TraderMade’s Affiliate Program Terms of Service
These Terms of Service (the "Agreement") govern your participation in our affiliate program (the "Program") and establish the terms and conditions of the Program. By participating in the Program, you agree to abide by these terms.Self-referrals are not allowed
You are not permitted to sign up for TraderMade through your own affiliate link. If we detect any self-referrals, your account will be permanently banned and any commission earned will be forfeited.Abuse or attempting to mislead
We do not tolerate attempts to abuse our affiliate system. Any attempt to mislead, manipulate or defraud us or potential customers will result in your account being permanently banned. This includes posting fake discounts to coupon-sharing websites or engaging in any other activity that violates our policies.No search engine ads, Facebook ads, or other ads that compete with our own marketing You are not allowed to run any search engine ads (especially on branded terms or domain names), Facebook ads, or other ads that would compete with our own marketing and potentially cause confusion for customers. We reserve the right to terminate your account if we detect any such activity.
No pretending to be acting on behalf of us (i.e. as an employee) You are not allowed to impersonate us or pretend to be acting on our behalf. This includes posing as an employee or representative of our company.
Changes to the Terms of Service
We reserve the right to change the Terms of Service for our affiliate program at any time. We will provide notice of any changes to the Terms of Service on our website, and it is your responsibility to review the changes and comply with the updated terms.By participating in our affiliate program, you agree to comply with these terms and conditions. We reserve the right to terminate your participation in the Program at any time and for any reason if you violate these terms. If you have any questions about these terms or our affiliate program, please contact us at support@TraderMade.com.