Terms of Service

Please read these Terms of use carefully, as well as any other related document, which will include the agreements between the Client and Trading Different in the provision of the services indicated below.

Terms of use

By accessing and/or using the Services (as such term is defined below) of Trading Different and its website or any other electronic means that allows you to use any Service provided by Trading Different, you accept these Terms of Use.

The Client accepts and acknowledges that Trading Different may modify, at any time, these Terms of Use. In this sense, each time an update is made to them and the Client continues to use the platform, it will be considered that they have accepted tacitly said modifications and that the current version of the terms will govern retroactively at the time of its publication, in the face of any activity carried out by the Client. In the same way, Trading Different will inform through its website any modification that produces a material change in these Terms of Use, as well as in the rights and obligations of Trading Different and its Clients, which is why the Client is obliged to review the Terms. of Use and its applicability periodically.

1. Object

The purpose of the Terms of Use is to regulate the relationship between Trading Different and the Client, through which Trading Different enables the Client to access this site and use its Services. The Client understands and accepts that this electronic platform allows the Client to carry out the training courses and to use the computer programs offered.

2. Consent

The Terms of Use and its acceptance via electronic or computerized means are a valid and legal commitment between the Client and Trading Different, especially, but not limited to, in relation to the Services requested from Trading Different and/or are granted or provided by Trading Different.

Access or use of the Trading Different Services, access or use of the Trading Different website (www.tradingdifferent.com) implies acceptance of these Terms of Use, the privacy policy, the other documents incorporated into them and the applicable regulations. If the Terms of Use are not acceptable, you must immediately suspend the use of the services, stop accessing and stop using the platform, means of provision or payment operated or managed by Trading Different.

3. Notifications

The Client accepts that Trading Different will take as a means of contact, the email address with which he has registered when opening his Account, so this will be the way through which he will receive notices related to the Services and the Different Trading platform. The Client accepts as valid all those communications exchanged by electronic means, either for the formation of agreements of will or exchange of notifications.

Trading Different may also use the Client's email address for other communications, including notices regarding the Terms of Use and its operations, as well as any other future communication between the Client and Trading Different, however, Trading Different in no way moment will request confidential data (such as, but not limited to, passwords, balances, etc.) of its Clients by email or any means other than the secure site identified with the https prefix (https://www.tradingdifferent.com). The Client must keep his email address updated and notify Trading Different of any changes to it. Trading Different will consider valid all communications sent to the email address registered by the Client regardless of their effective receipt.

4. Validity

The Terms of Use will be in force for an indefinite period, as long as there is a legal relationship between Trading Different and the Client, product of the opening of a User on behalf of a Client. Once the Client requests the Closure of his User, the Terms of Use will remain in force for an additional period of 60 business days.

5. Customer users

When registering a User in Trading Different, the Client must provide certain registration data and information for the purpose of verifying his identity. Some of this information may include personal or sensitive data that will receive the treatment established in the Trading Different privacy notice. When completing the online registration form, the Client affirms that he provides true, accurate, current and complete information about himself as required by the registration form; and furthermore, the Client agrees to maintain and update the registration data to keep the information complete, true, accurate, up-to-date and complete during the entire time that he is a Client of Trading Different.

Trading Different will use the personal data collected from Clients, to carry out activities focused on compliance with the obligations derived from any legal and commercial relationship that results from the Terms of Use, as well as to provide the best possible Client experience.

The Client undertakes to notify immediately of any unauthorized use of his password or Client identification, as well as any other breach of security.

6. Use of the site

The User undertakes to use the Site in accordance with the law, these Terms and Conditions, as well as morality and generally accepted good customs and public order. The User undertakes to refrain from using the Site for illegal purposes or effects, contrary to what is established in these terms and conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or deteriorate the Site. or prevent the normal use of the Site by other Users.

7. Use of cookies

Trading Different uses computer tools such as cookies, both its own and those of third parties, to carry out detailed monitoring of the performance of the website. At any time you can decline the permission regarding cookies, leaving this party obliged to refrain from carrying out the transmission of information. To this end, you must express your intention through any contact channel provided by this party.

Cookies or Computer Cookies are small files that are automatically downloaded to the browser of the user's computer or mobile device, when he enters the websites. They store and send information about the user's online behavior to third parties, which will later be processed in such a way as to create a taste profile that shows the user's interests, consumption habits, and purchasing power, and then send them offers of goods and services through personalized advertising.

This means that a website can send its own cookie to your browser if your browser preferences allow it, although, to protect your privacy, your browser will only allow a website to access cookies that it has already sent to you, and not to those that can be sent to you from other websites. Various websites do this every time a user visits their website in order to track traffic flows on the Internet. When you visit our website, our system will automatically collect information related to your visit, from which different technical data is derived, including, among others, the type of browser you have used, your IP address and the website that referred you.

The stored cookies allow us to find out the routes by which the client has been browsing our website, said information is used to anonymously identify users who repeat such behaviors on the website, being able to know, therefore, those pages which turned out to be more popular with customers.

8. System errors

It is possible that, due to technological factors, scheduled maintenance or other factors, outside or within our control, the Services may be temporarily interrupted. Although we will do our best to solve such factors in your case, the Client accepts that we are not responsible for the damages and losses derived from said interruption and waives any right or action that he may have against Trading Different.

In no event shall Trading Different be liable for any loss or damage, including, without limitation, all losses, costs, expenses, lost profits, loss of income or expected earnings expectations as a result of the failure of the Trading Different Service or any security event, regardless of the cause, period of time or patrimonial affectation.

9. Risks derived from the operation

The Client acknowledges that, with the sole use of the Services, he is subject to various risks, including, but not limited to, material risks, technological risks, market risks and, therefore, consents to that Trading Different will not be responsible in any way for updating them.

10. Industrial and intellectual property rights

The Services are owned by Trading Different and/or affiliates or companies belonging to the same business group. In addition, Trading Different is the owner of the Services it offers. We reserve all rights to the Services and any technology associated with them. Any creation, including, but not limited to, idea, invention, improvement, know-how, concept, algorithm, protocol, data, process, procedure, method, technique, protocol, formula, system, tool, composition, code, software, prototype , documents, audios, texts, videos, components or any other information that is the authorship of Trading Different or of any Client, but exclusively as a consequence of the use of Trading Different services, whether or not it is patentable or capable of being under the copyright protection, or any type of intellectual or industrial property rights, are the property of Trading Different and/or subsidiary and/or affiliate, with Trading Different having the right to initiate any action, or take any measure, of any nature, to obtain its registration and the respective protection before any authority (including any authority on intellectual property).

In the same way, any derivative work, such as, without limitation, a translation, modification, improvement, customization, adaptation, compilation or any type of product that uses as its origin any element of our platform will be the property of Trading Different and /or subsidiary and/or affiliate, so we do not grant any type of license or permission for the reproduction of any work, brand, design or code or permission or license for its use by any third party. Where applicable, any derivative production will be the sole and exclusive property of Trading Different and/or its subsidiaries and/or affiliates.

All materials and data on the site and any other website owned, operated, licensed or controlled by us will be the intellectual property of Trading Different and/or subsidiary and/or affiliate, and we reserve all rights thereto. All materials included in the services, including without limitation data compilations and software are the property of Trading Different and/or subsidiary and/or affiliate and are protected by copyright laws.

11. Conflict resolution. Jurisdiction and applicable law

We try to enforce clear rules so we can limit or, better yet, avoid disputes with you. However, if a dispute does arise, it is helpful to know in advance where it can be resolved and what laws apply. If you are a consumer, the laws of the country where you reside will apply to any claim, cause or dispute you bring against us that arises out of or in connection with these Terms or Privacy Policy. The User must contact Trading Different, sending them their claim so that the parties can try to reach an agreement. You may also resolve the claim in any competent court in the country having jurisdiction. In all other cases, you agree that the claim must be resolved exclusively in the United States District Court for Wyoming. You further agree to submit to the personal jurisdiction of any such court for the purpose of litigating any claim and that the laws of the State of Wyoming will govern these Terms and any claim without regard to its conflict of law provisions.

12. Additional provisions

By the fact of using or requesting or receiving the Trading Different Services, each of the Clients declares that they are empowered to accept and comply with the Terms of Use, compliance with the Terms of Use does not contravene any provision that is applicable to them, nor any contract or agreement to which it is a party, has obtained and is in force any authorization necessary to comply with the Terms of Use, is not a party to any litigation or controversy that could have adverse effects with respect to its obligations under the Terms of Use , as well as with respect to the resources provided in the services, both any agreement of wills and the Terms of Use constitute valid and enforceable obligations against you, in accordance with their terms, you are legally enabled to grant your consent electronically with respect to these Terms of Use and there is no law or regulation that restricts or prohibits the use of our Services in the jurisdiction ón, Country or State where the Client lives, is located or where the servers from which his connection comes are located.

If any provision of the Terms of Use is found to be invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

These Terms of Use and the rights and obligations provided herein, may not be transferred or assigned by Clients in any way, but we reserve the right, to assign the present, transfer or assign the information that we have collected from you for the purpose of an assignment to subsidiaries, affiliates, controllers or entities of the same business group or as a consequence of any other operation.

The Client declares that he has read the provisions of the Terms of Use, and that he understands the scope of his obligations and rights derived from them, thus assuming the obligations that derive from his consent, not making an error of law or fact, violence, fraud, bad faith, deceit, injury, incapacity or any other vice that could affect the consent.

Except as expressly provided in Section 13.7 (discontinuation of the API) and where applicable consumer law requires otherwise, there will be no right to reimbursement or returns.

13. Proper use of the API and data license

13.1 License grant

Subject to an active API subscription in good standing and to these Terms, Trading Different grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access the API and to use the data solely as a supplementary component within your own application, tools, bots or internal analysis. The data may not be offered as a standalone or primary data service.

13.2 Restrictions

You may not, and may not allow any third party to:

Redistribute, resell, sublicense, publish, broadcast, transfer or otherwise make available the API, the data, or any data derived from it, to any third party, whether free of charge or for a fee.
Provide, forward or relay API access to third parties through any proxy, gateway, account-sharing or other forwarding mechanism.
Use the data, or any data derived from it, to build, train, benchmark or operate any product or service that is similar to, a substitute for, or competitive with Trading Different or any of its services, including reproducing or re-displaying our liquidation heatmaps or charts on any other website or application.
Collect, cache, store or aggregate the data in bulk to create an independent or derivative database, except for the transient caching strictly necessary for your permitted use.
Extract data in a massive or automated manner beyond the applicable rate limits, or circumvent or attempt to circumvent any access restriction, rate limit, quota or other technical limitation.
Use multiple accounts, API keys, IP addresses or proxies to bypass limits or quotas.
Take any action that may compromise the integrity, performance or security of the API or associated systems, including malicious requests or denial-of-service (DoS) attacks.
Use the API in a way that may negatively affect the availability of the service for other users.

13.3 Attribution

Where you display data obtained through the API to any third party or end user in any interface, you must include a clearly visible attribution reading "Powered by Trading Different". Purely internal, programmatic or agent-based use that does not display the data to third parties does not require attribution.

13.4 Your API key

You are responsible for keeping your API key confidential and for all activity that occurs under it. Any request made using your API key will be deemed to have been made by you. You must not disclose, share or transfer your key to any third party. If you believe your key has been compromised, you must reset it or notify us immediately.

13.5 Data provided "as is"

The data provided through the API is provided "as is" and "as available", for informational purposes only, and does not constitute financial, investment or trading advice. Trading Different makes no representation or warranty as to the accuracy, completeness, timeliness, reliability or fitness for a particular purpose of the data, nor does it guarantee the availability, continuity or security of the API. You are solely responsible for any decision made in reliance on the data and should verify it through independent sources.

13.6 Suspension and termination for abuse

We reserve the right, at our sole discretion and without prior notice, to restrict, suspend or terminate your access to the API if we detect any activity that we consider to be abuse, misuse, circumvention of quotas or a violation of these terms. Termination of access for such reasons does not entitle you to any refund.

Failure to comply with these conditions may result in immediate termination of access to the API, in addition to any other measures we deem necessary, including appropriate legal action.

13.7 Modification or discontinuation of the API

We may, at any time and for any reason, modify the API (including its structure, data fields, endpoints or access policies) or discontinue any part of it. If we permanently discontinue the API for all users, we will credit your account with the unused, pro-rata portion of any fees you prepaid for API access, in the form of credit usable toward other Trading Different products or subscriptions. Except for this credit and any remedy required by applicable consumer law, no refund will be due.

13.8 Third-party data sources and service interruptions

The data made available through the API is compiled, calculated and derived by Trading Different from a variety of third-party sources, including trading venues, exchanges and other external data providers. Trading Different does not control these sources and is not responsible for their acts or omissions. The API and the underlying data depend on the continued availability, accuracy and timeliness of these third-party sources, as well as on Trading Different's own data-collection and processing infrastructure, any of which may, at any time and without notice, experience outages, downtime, delays, latency, errors, gaps, inaccuracies or rate limiting, or may suspend, restrict, change or discontinue access. Accordingly, the API and the data may be interrupted, delayed, incomplete, unavailable or inaccurate, in whole or in part. To the maximum extent permitted by applicable law, Trading Different shall not be liable for any interruption, downtime, delay, gap, error, inaccuracy, loss of data or any resulting loss or damage (including, without limitation, trading losses or lost profits) arising from any such event, whether originating from a third-party source or from Trading Different's own systems. Trading Different does not guarantee that the data feed will be uninterrupted, continuous, timely, error-free or complete.

14. Limitation of liability

To the maximum extent permitted by applicable law, and without limiting the disclaimers set out in Sections 8, 9, 13.5 and 13.8, in no event shall Trading Different, its affiliates, and their respective directors, officers, employees and agents be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or trading losses, arising out of or in connection with the Services or the API, whether based on contract, tort or any other legal theory, even if advised of the possibility of such damages. In any case, the total aggregate liability of Trading Different arising out of or relating to these Terms, the Services or the API shall not exceed the amount actually paid by the Client to Trading Different for the relevant Service during the twelve (12) months immediately preceding the event giving rise to the claim.

15. Indemnification

The Client agrees to indemnify, defend and hold harmless Trading Different, its affiliates, and their respective directors, officers, employees and agents from and against any claim, demand, loss, liability, damage, cost or expense (including reasonable attorneys' fees) arising out of or related to: (a) the Client's use or misuse of the Services or the API; (b) the Client's breach of these Terms; (c) the Client's violation of any applicable law or of the rights of any third party; or (d) any data or content the Client redistributes, displays or otherwise makes available in violation of these Terms.

16. Contact information

Trading Different L.L.C
Email: soporte@tradingdifferent.com