1. Acceptance of Terms
By creating an account or using TradeOptimiser ("the Service"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must not use the Service. We reserve the right to update these terms at any time. Continued use of the Service after any changes constitutes acceptance of the revised terms.
2. No Financial Advice
TradeOptimiser is an information and analysis tool only. Nothing on this platform constitutes financial advice, investment advice, trading advice, or any other type of advice. All content, data, analysis, signals, alerts, and suggestions provided by the Service are for informational and educational purposes only.
You should not make any financial or investment decisions based solely on information provided by TradeOptimiser. Before making any investment or trading decision, you should consult a licensed and qualified financial adviser who understands your personal financial situation, objectives, and risk tolerance.
Past performance displayed on the Service is not indicative of future results. All investments carry risk, including the possible loss of capital.
3. Suggestions Only — Regulatory Disclaimer
Any stock picks, signals, ratings, rankings, or recommendations generated by the Service are algorithmic suggestions only. They represent automated outputs based on publicly available market data and are not personalised to your financial circumstances.
Australian Users: TradeOptimiser does not hold an Australian Financial Services Licence (AFSL) and is not authorised to provide personal financial product advice under the Corporations Act 2001 (Cth) or the Australian Securities and Investments Commission Act 2001 (Cth). Our service is general in nature and does not take into account your individual objectives, financial situation, or needs as required under section 945A of the Corporations Act.
United States Users: TradeOptimiser is not registered as an Investment Adviser with the U.S. Securities and Exchange Commission (SEC) or any state securities authority, and does not provide investment advice as defined under the Investment Advisers Act of 1940. Nothing on this platform constitutes a recommendation to buy or sell any security. TradeOptimiser is not a broker-dealer registered under the Securities Exchange Act of 1934, and does not execute trades or hold client funds.
All Users: Our service does not constitute a "financial service" or "financial product" under any applicable law. You are solely responsible for independently verifying any information before acting on it.
4. Risk Warning
Trading and investing in financial markets involves significant risk. You may lose some or all of your invested capital. Leveraged products such as CFDs and margin accounts carry additional risk and may not be suitable for all investors.
You acknowledge that: • You understand and accept the risks associated with trading financial instruments. • You are solely responsible for any trading or investment decisions you make. • TradeOptimiser bears no liability for any losses arising from your use of the Service. • Market data may be delayed and should not be relied upon for time-sensitive trading decisions. • Algorithmic outputs and suggestions may contain errors and should not be the sole basis for any investment decision.
5. Eligibility and Jurisdictional Restrictions
You must be at least 18 years of age to use the Service. By agreeing to these terms, you confirm that you are legally permitted to access financial information services in your jurisdiction.
The Service is intended for use by residents of Australia and the United States. It is not directed at persons in jurisdictions where the distribution or use of such services would be contrary to local law or regulation.
United States Users: The Service does not constitute investment advice regulated under the Investment Advisers Act of 1940 or any applicable state blue sky laws. The Service is not intended for use by U.S. persons who are subject to restrictions under the Securities Act of 1933 or the Securities Exchange Act of 1934 that would prohibit access to general financial information platforms.
Australian Users: If you are a retail client as defined under the Corporations Act 2001 (Cth), you acknowledge that the Service provides general information only and you should seek advice from an AFSL-licensed adviser before making any investment decision.
6. Your Account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at legal@tradeoptimiser.com if you suspect any unauthorised access to your account.
You agree to provide accurate, current, and complete information when registering, and to keep your account information up to date. We reserve the right to suspend or terminate accounts that violate these terms.
7. Data, Privacy and Market Data
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.
Australian Users: The collection and handling of your personal information is governed by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). You have rights to access and correct personal information we hold about you.
United States Users: If you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA), including the right to know what personal information is collected, the right to delete personal information, and the right to opt out of the sale of personal information. We do not sell personal information.
Market Data: Market data displayed on the Service is sourced from third-party providers including data licensed from the Australian Securities Exchange (ASX) and U.S. exchanges. We do not warrant the accuracy, completeness, or timeliness of any market data. You agree not to redistribute, resell, or commercialise any market data obtained through the Service. ASX data is subject to the ASX's own terms of use.
8. Intellectual Property
All content, software, algorithms, design, and materials on the Service are the intellectual property of TradeOptimiser and are protected by applicable copyright, trademark, and other intellectual property laws, including the Copyright Act 1968 (Cth) in Australia and the Digital Millennium Copyright Act (DMCA) in the United States.
You may not copy, reproduce, distribute, or create derivative works from any part of the Service without our prior written consent. Unauthorised use may give rise to a claim for damages and/or be a criminal offence under applicable law.
9. Limitation of Liability
To the maximum extent permitted by law, TradeOptimiser, its directors, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Service, including but not limited to financial losses, loss of data, or loss of profits.
Australian Users: Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded or limited. Where the Australian Consumer Law applies, our liability for a breach of a guarantee is limited to the re-supply of the services or payment of the cost of having the services re-supplied.
United States Users: To the extent permitted under applicable federal and state law, including the laws of the state of your residence, TradeOptimiser's total liability to you for any claims arising under these Terms shall not exceed the amount you paid for the Service in the twelve (12) months preceding the claim.
Nothing in these terms limits liability for fraud, wilful misconduct, or gross negligence.
10. Termination
We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. You may terminate your account at any time by contacting us at legal@tradeoptimiser.com.
Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, indemnity, and limitations of liability.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Australian Users: Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia. Nothing in these Terms limits your rights under the Australian Consumer Law or your right to refer a complaint to the Australian Financial Complaints Authority (AFCA) where applicable.
United States Users: You agree that any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiation. If unresolved, disputes shall be subject to binding arbitration under the rules of the American Arbitration Association (AAA), conducted in English. Notwithstanding this, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights. Nothing in this clause limits any rights you may have under applicable U.S. federal or state consumer protection laws.
Both Parties: You and TradeOptimiser agree to waive any right to a class action lawsuit or class-wide arbitration to the maximum extent permitted by applicable law.
12. Contact
If you have any questions about these Terms and Conditions, please contact us at legal@tradeoptimiser.com.
For Australian privacy-related enquiries, you may also contact the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.
For U.S. privacy-related enquiries, California residents may contact the California Privacy Protection Agency at www.cppa.ca.gov.