1. ACCEPTANCE OF TERMS
Welcome to AlgoPear. AlgoPear, Corp. and/or its affiliates (hereafter “AlgoPear”) provides a service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at https://algopear.com/terms-and-conditions/. In addition, when using particular AlgoPear services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
AlgoPear allows customers to search for and purchase trading signals, trading strategies, and trading newsletters, and information and analysis about this data. In addition, AlgoPear allows vendors of these products to find new customers and to distribute the material to them. You also understand and agree that the Service may include advertisements and that these advertisements may be necessary for AlgoPear to provide the Service. You also understand and agree that the service may include certain communications from AlgoPear, such as service announcements and administrative messages, and that these communications are considered part of AlgoPear membership, and you will not be able to opt-out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new AlgoPear properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that AlgoPear assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
2A. NO FEE FOR PEOPLE SEARCHING FOR TRADING STRATEGIES.
AlgoPear does not charge any fees to people who want to become members of the site, nor does it charge any fees to people who want to use the site to find trading strategies. Once a user finds a strategy to which he/she wants to subscribe, the user will be charged a monthly price which is set by the trading strategy creator.
2B. FEE FOR SELLING TRADING STRATEGIES.
If you provide trading strategies through AlgoPear and you successfully sell these strategies such that AlgoPear processes the transaction on your behalf, then AlgoPear charges a fee for each sale we conduct on your behalf. That fee is listed below in “Fee schedule.”
The way we collect this fee is as follows. Each month, on a monthly cycle, we calculate how much we have collected on your behalf for transactions that are 45 days or older. We deduct a percentage of this amount as our fee, and we remit the rest back to you. We do not remove additional amounts for the standard credit card processing “discount rate.”
Because of the risk of charge-backs, refunds, and unsatisfied customers, we remit your funds only after a transaction is 45 days old. However, we do remit on a monthly cycle. This means, essentially, that your first remittance from us may take over a month to arrive, but once you receive your first remittance, you will receive new remittances each month.
Fee schedule. Our fee is 50% of the transaction amount.
Refunds and exceptional charges. If your subscriber is unhappy and demands a refund of fees paid to us on your behalf, or if an unhappy customer calls his bank and as a result, we are charged a special fee – called a “chargeback” in credit card jargon – then we will remove that fee from your next remittance amount or any future remittance amount until this fee has been repaid. Thus we encourage you, as a strategy vendor, to strive to satisfy your subscriber customers.
AlgoPear is charged by its merchant processing service a percentage of each transaction amount, even if the amount is eventually refunded. We are also charged a percentage of the refund amount. Thus, we pass these costs along to you. If your customers demand and receive a refund, we will charge you a refund fee based on the initial transaction amount. That refund fee is 7.5% of the initial charge. We, therefore, encourage you to provide excellent customer service to your subscribers so that your refunds are kept to a minimum. All refunds and fees may be charged against current or future remittances that we owe you. If the amount of refunds that we payout on your behalf exceeds the fees that we collect on your behalf, we may at our discretion bill your credit card for the amount we are unable to debit from your AlgoPear account in order to cover the cost of any refunds we have paid to your customers.
2C. How we handle your customers’ asking for refunds. It is our policy to refund money to system subscribers when they express unhappiness. Indeed, we are often forced to do so by our credit card processing companies and associated banks. Any amount refunded to your subscribers will be deducted from future remittance cycles. If you do not have a large enough balance to cover the refund amount and associated fees, then you agree that AlgoPear will charge your credit card for the amount we are owed but which your balance at AlgoPear does not cover.
2D. Credit risk. Finally, we are not in the business of bearing exceptional credit card risk on your behalf. Therefore, if your subscription amounts become large enough that we would bear a risk of substantial loss should your system suddenly stop performing, or if your system stops performing suddenly, we reserve the right to withhold any amount of your remittance until we deem that the risk of large customer refunds has passed. We may not hold any amount longer than 95 days after the transaction date.
2E. Remittance of funds. We remit your money electronically through PayPal or other electronic transfer methods. If you live in a country where PayPal is unavailable, we will negotiate an alternative payment method for you. There may be an additional fee for these non-standard or non-electronic payment methods. You are responsible for all fees charged to you by Paypal or the alternate payment mechanism.
2F. Listing Fees. In addition, we charge a Listing Fee for each trading system you offer and maintain on the AlgoPear site. In some cases, you will have a chance to experiment with the AlgoPear site for a limited period of time before we ask you to pay the Listing Fee. You may choose not to pay the Listing Fee, in which case you will not be able to maintain your system on AlgoPear. We encourage vendors to maintain multiple trading systems on AlgoPear. Thus, we charge one amount for the first system you add and a reduced amount for subsequent systems added within three months of the first system. Our Listing Fee schedule is found on our prices page.
Listing Fees are paid up-front and are non-refundable. This means that even if you stop maintaining your trading system, stop using our Web site, or “kill” your trading system, no portion of the listing fee is refundable. You may not transfer your listing fee from one system to another.
3. YOUR OBLIGATIONS
3A. SYSTEM DEVELOPERS: YOUR OBLIGATION NOT TO SOLICIT CUSTOMERS AWAY FROM AlgoPear
AlgoPear spends a large amount of money marketing to consumers and attracting them to the site, where they can subscribe to trading strategies like yours and thus pay you money. When they pay you, AlgoPear charges you a fee for our service. From our perspective, AlgoPear invests a large amount of money upfront each time we attract a new customer to your trading strategy, which we hope to make back (and eventually a profit) over the customer’s lifetime.
There is a natural temptation for strategy vendors to use AlgoPear to find new customers (and to allow AlgoPear to bear the cost of customer acquisition), but then to “transition” the customer to an alternate venue where he can pay you directly, without your incurring AlgoPear fees. We prohibit this. What does this mean, concretely? First, you are welcome to offer your trading system on sites other than AlgoPear. We also welcome you to run your own Web site independently of AlgoPear. That said, if you pursue either of those strategies, we ask you not to overtly or implicitly solicit AlgoPear customers and ask them to move their subscriptions to alternative platforms, where subscriptions or payments would be processed outside of AlgoPear’s control. Second, if you do offer your strategy elsewhere, you may not offer it for a lower price at another venue (or, alternatively, you may not tack on a fee for AlgoPear subscribers). Third, while you are welcome to sell your system from as many Web sites or through as many channels as you like, we ask that you do not advertise those other channels from the AlgoPear Web site. That means if you run a Web site independent of AlgoPear, and your Web site allows subscriptions or offers services outside of AlgoPear (such as “a managed account”), you may not include a link to that Web site, or implicitly advertise that Web site anywhere on AlgoPear (including your system description on AlgoPear, your forums on AlgoPear, or public/private messages to AlgoPear subscribers). Any of these activities are either subtle or overt ways to encourage customers found for you by AlgoPear to migrate away from AlgoPear.
The purpose of these rules is to allow you to market to customers in as many places as you like and to give you the freedom to reach as many customers as you possibly can… but to require that you be fair and not “poach” customers acquired by AlgoPear on your behalf. If you have any questions about this, please contact us by email so that we can avoid misunderstandings and conflict. Our goal is to make AlgoPear so great that you will have little desire to offer your trading strategy elsewhere. But, should you desire to offer your strategy elsewhere, we will certainly allow this, providing the playing field is fair.
If you violate any of these provisions, we may temporarily or permanently suspend your account, prevent your system from being viewed by the public, or take whatever steps we deem necessary to protect the viability of AlgoPear. We will not issue any refunds – in whole or in part – if we suspend your system for violation of these Terms of Service.
3B. SOLICITATION OF STRATEGIES AND STRATEGY DEVELOPERS
Registered hedge funds, CTAs, mutual funds, investment advisors, or asset managers with over $10 million in AUM may request permission to use this site to find employees or consultants. To use the site in this way, AlgoPear charges a fee for this service, which is 20% of the new hire’s first-year total compensation (minimum of $4,000 per hire). We rely on users to report their use of this site for recruiting and hiring purposes. You may not solicit strategy developers for any purpose unless you first request permission to do so and receive permission. Note that we also offer a fixed-fee program which greatly reduces the cost of such recruiting. Please contact us via email at email@example.com to learn more.
No solicitation of strategies or strategy developers without permission
We prohibit users of this service from soliciting strategies or strategy developers unless you have requested permission (above) or are part of our fixed-fee program.
In addition, we prohibit users of this service from soliciting members to alternate competitive services. This includes (but is not limited to) soliciting strategy developers to make their systems available at brokers or trading services outside the AlgoPear platform. If you violate this policy, AlgoPear reserves the right to take legal action to recover lost revenues you have stolen from us, plus applicable damages. By using AlgoPear, you specifically acknowledge that you agree to this prohibition. Brokers should instead contact us about mutually beneficial partnerships.
3C. GENERAL REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (such information being the “Subscription Form”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or AlgoPear has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AlgoPear has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
You will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AlgoPear of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. AlgoPear cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not AlgoPear, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. AlgoPear does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will AlgoPear be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission (CFTC), any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
You acknowledge that AlgoPear does not pre-screen Content but that AlgoPear and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, AlgoPear and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that AlgoPear may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of AlgoPear, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
AlgoPear does not claim ownership of Content you submit or make available for inclusion on the Service. With respect to Content you submit or make available for inclusion on publicly accessible or subscriber-accessible areas of the Service, you grant AlgoPear a non-exclusive, royalty-free license to display such information. In addition, AlgoPear is permitted to include your strategy in aggregated data products in such a way that prevents your strategy from being individually identifiable and in such a way that prevents anyone following your strategy on an individual per-strategy-basis without purchasing a real-time subscription through AlgoPear. Once you publish a trading signal through AlgoPear or publish trading commentary or strategy broadcasts, AlgoPear shall be allowed to make this information available within its Web site or through any other means, in perpetuity.
By using the site, you specifically acknowledge that you understand that AlgoPear may publicly evaluate your strategies on its Web sites or through related marketing channels, including emails, social media, and printed material; and that the methods used to evaluate your strategies and trading style may include statistical analysis and/or personal judgments of officers, staff, and contractors; and that AlgoPear, its officers, staff, or contractors may comment and pass judgment on the fitness or quality of your strategy or the material you submit, including (but not limited to) your strategy methodology, trading record, or any other written or electronic media related to your strategy. In other words: remember this is a public Web site, and by submitting your system to this Web site, you accept that the trading strategy and/or you, the strategy manager, and/or your trading style may be publicly evaluated.
If you manage a trading strategy on AlgoPear, you agree that the system can be monitored and its performance rated in any way seen fit by AlgoPear. These ratings may be published or made publicly available. The general public may publish reviews of your strategy. While we try our best to make ratings, scores, and reviews as accurate and useful as possible, it is possible that we may issue incorrect ratings and that a review not generated by AlgoPear may be flawed. Therefore you agree to hold harmless AlgoPear and its affiliates with regard to these ratings and reviews, regardless of whether the rating or review or analysis is calculated accurately or inaccurately.
You agree to indemnify and hold AlgoPear, and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE, NO RESALE OF SUBSCRIPTION
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. If you subscribe to a trading strategy, you agree not to forward, disseminate, or resell its contents without the permission of the trading strategy provider.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that AlgoPear may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings, or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on AlgoPear’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that AlgoPear has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that AlgoPear reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that AlgoPear reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
AlgoPear reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AlgoPear shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that AlgoPear may, under certain circumstances and without prior notice, immediately terminate your AlgoPear account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity.
The Service may provide links to other World Wide Web sites or resources. Because AlgoPear has no control over such sites and resources, you acknowledge and agree that AlgoPear is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AlgoPear shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
15. ALGOPEAR’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by AlgoPear or the trading strategy vendors, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the material published through the Service, in whole or in part.
You agree not to access the Service by any means other than through the interface that is provided by AlgoPear for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES - YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALGOPEAR 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 ALGOPEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
21. SPECIAL ADMONITION FOR PEOPLE RELYING ON THE BUY/SELL TRADING SIGNALS OF OTHERS
The phrase “Let the investor beware” is important to remember. The Service is provided for informational purposes only, and no Content included in the Service is intended to be the sole or primary means of making decisions for trading or investing purposes. AlgoPear shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
23 TRADEMARK INFORMATION
AlgoPear is a trademark of AlgoPear, Corp. Without AlgoPear’s prior permission; you agree not to display or use the AlgoPear mark.
AlgoPear respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please alert AlgoPear about this.
25. CONSENT TO ELECTRONIC NOTIFICATION
By using this site, you agree to receive all legal and business notifications through email delivered to the email address for you, which we have on record.
In the event of any dispute between you and AlgoPear, Corp. relating to this Agreement, the parties hereto agree that such dispute shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The prevailing party in the arbitration proceeding shall be entitled to recover its expenses, including the costs of the arbitration proceeding and reasonable attorneys’ fees. The arbitration shall be held within Dallas County, Texas, USA unless the parties agree to an alternative location.
This agreement is governed by the laws of the State of Delware, without regard to principles of conflicts of laws. Subject to Section 24, any legal action or proceeding relating to this Agreement shall be instituted in a state or federal court in New York, and each party hereto hereby submits to the personal jurisdiction of such courts. This Agreement supersedes any and all prior agreements between the parties hereto and constitutes the entire agreement between User and AlgoPear, with respect to the subject matter hereof. The failure of AlgoPear to exercise or enforce any right conferred upon it by this Agreement shall not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
This Agreement may be modified, supplemented, or otherwise amended at any time by AlgoPear at its discretion. User’s use of AlgoPear following notice of any such amendment shall constitute User’s acceptance of the amended Agreement. This Agreement is binding upon and shall inure to the benefit of the parties and their respective administrators, legal representatives, successors, and permitted assigns. If any provision hereof is held by a court of competent jurisdiction to be contrary to law, void or otherwise unenforceable, such provision shall be enforced to the extent possible in order to effect the intention of the parties, and the remainder of this Agreement shall remain in full force and effect. References to sections are to sections of this Agreement unless otherwise indicated. Section headings are inserted for convenience of reference only and shall not affect the construction of this Agreement. The singular number shall include the plural and vice versa. Any use of the word “including” will be interpreted to mean “including, but not limited to,” unless otherwise indicated.