Terms of Service
1. Acceptance of these terms
By creating an account with The Trading Optimizer ("we", "us", "the Service"), you ("user", "you") agree to be bound by these Terms of Service. If you do not agree, do not use the Service.
We may update these terms from time to time. Material changes will be emailed to users with at least 14 days' notice before they take effect.
2. The service
The Service is software-as-a-service that connects to your Alpaca Markets paper trading account using API credentials you provide, and executes automated trades based on a strategy you select.
- Paper trading only at Phase 1 launch. No real money is traded. Live trading (with real money) may be offered in Phase 2 under a separate agreement with additional KYC and risk-disclosure requirements.
- Trades execute on YOUR Alpaca account. We do not custody, hold, transfer, or have signing authority over your funds.
- You select a strategy from a menu we provide. You may switch strategies between trades. Each strategy is software; we make no representation about its profitability.
- The Service includes a dashboard that displays your trade history, performance metrics, and current account state.
3. Eligibility
- You must be at least 18 years old (or the age of majority in your jurisdiction).
- You must have your own valid Alpaca Markets paper trading account.
- You must not be on any sanctions list, located in a sanctioned jurisdiction, or otherwise prohibited from using US-based software services.
- You must use the Service for personal, non-commercial purposes during the pilot.
4. Your account credentials
You will provide your Alpaca API key and secret to the Service. We:
- Encrypt your credentials using AWS Key Management Service (KMS) before storing them. Only the trading worker can decrypt them to place trades.
- Never expose your credentials in any user-facing surface (dashboard, API response, support correspondence, etc.).
- Do not use your credentials for any purpose other than executing trades on your behalf according to the strategy you selected.
You are responsible for the security of your Alpaca account. If you suspect your credentials have been compromised, regenerate them on the Alpaca dashboard and update them in your settings. We are not liable for losses arising from compromised credentials you provided.
5. NO INVESTMENT ADVICE
You alone are responsible for your investment decisions. Past performance of any strategy — including performance displayed on our live demo dashboard — does not guarantee or predict future results. The financial markets carry inherent risk, and automated trading can amplify both gains and losses.
Consult a licensed financial advisor before making investment decisions with real money.
6. No fund custody
We do not hold, transfer, lend, invest, or have signing authority over any funds in your Alpaca account. Alpaca Markets, Inc., a registered broker-dealer (and member of FINRA/SIPC), is your broker. Your assets are held at Alpaca, not with us. You can disconnect the Service at any time and your account, balance, and trade history at Alpaca remain unaffected.
7. Acceptable use
You agree NOT to:
- Use the Service to violate Alpaca's terms of service, any securities laws, or any applicable law or regulation.
- Attempt to gain unauthorized access to other users' accounts, our infrastructure, or any system the Service depends on.
- Reverse-engineer, decompile, or attempt to extract source code from the Service.
- Resell, sublicense, or commercially redistribute access to the Service.
- Interfere with the operation of the Service or attempt to overwhelm it with excessive requests.
8. Email communications
We send two categories of email:
- Authentication emails (required): email-address verification, password reset, security alerts. These cannot be opted out of without losing access to your account.
- Trade notifications (opt-in, default OFF): notifications when your bot trades, when a position closes, or when your account is paused due to credential expiration. You choose at sign-up whether to receive these. Every such email includes a one-click unsubscribe link.
We do NOT send marketing email, do not sell your email address, and do not share it with third parties except as required to provide the Service (e.g., AWS for email delivery).
9. Termination
You may delete your account at any time from your settings page. On deletion, your bot is immediately disabled. Your account record is marked as deleted and purged from our database within 30 days (subject to legal-retention requirements for audit logs).
We may suspend or terminate your access if you violate these terms, if we are compelled by law, or if continuing to provide the Service to you would impose unreasonable risk on us. We will email you if we do.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
- The Service is provided "AS IS" and "AS AVAILABLE" without warranty of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error-free, or produce any particular result.
- We are not liable for trading losses, missed opportunities, lost profits, or any consequential, incidental, indirect, punitive, or special damages arising from your use of the Service.
- If, despite the foregoing, we are found liable, our maximum aggregate liability for any claim related to the Service is limited to the greater of (a) the amount you paid us for the Service in the 12 months prior to the claim, or (b) one hundred US dollars ($100).
11. Indemnification
You agree to indemnify, defend, and hold harmless The Trading Optimizer and its principals from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising from: (a) your violation of these terms, (b) your violation of any law or third-party rights, (c) misuse of the Service, or (d) trades executed on your account under your authorization.
12. Governing law and disputes
These terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-laws principles. Any dispute arising from these terms or from your use of the Service shall be resolved by binding arbitration in Dallas, Texas, before a single arbitrator under the rules of the American Arbitration Association. Either party may seek injunctive relief in a court of competent jurisdiction for breach of confidentiality or intellectual-property obligations.
You waive any right to participate in a class action against us related to these terms.
13. Miscellaneous
- If any provision of these terms is held invalid, the remaining provisions remain in effect.
- Our failure to enforce any provision does not constitute a waiver.
- These terms are the entire agreement between you and us regarding the Service.
- You may not assign these terms; we may assign them in connection with a sale of the business.
14. Contact
Questions, concerns, or requests under these terms? Email support@thetradingoptimizer.com.