Explore our Terms of Use for important guidelines on using our services. By accessing our platform, you agree to abide by these terms, ensuring a positive experience for all. Feel free to contact us with any questions.
Effective date: 15 July 2026
These Terms of Use include the Recurring Payments Policy (Section 10.13), the Refund Policy (Section 10.14) and the Rebates Policy (Section 10.15), each incorporated herein.
Please read carefully before accessing or using the Platform.
These Terms contain very important information regarding your rights and obligations, as well as conditions, limitations and exclusions. Use of the Platform on behalf of third parties is not allowed.
Binding arbitration & class action waiver.
These Terms contain a binding Arbitration Agreement and class action waiver between you and TakeProfit. Unless you opt out within 30 days, you and TakeProfit agree to submit all disputes exclusively to binding and final arbitration and not to sue in court, except in the limited circumstances described in Section 24.
1.1. We are TakeProfit Inc., a company registered in Delaware, United States at 1111B S Governors Ave, Dover, DE 19904, USA ("TakeProfit", "we", "us" or "our").
1.2. We provide tools and functionalities that allow managing personal cryptocurrency holdings ("Platform"). These Terms of Use govern the access and use of the Platform. The Platform is accessible through the website https://takeprofit.com ("Website") and/or via the TakeProfit mobile application(s) ("App") and application program interface(s).
1.3. The term "you" or "User" refers to you, a natural person, or the legal entity on whose behalf you have accepted these Terms of Use. If you accept these Terms on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity.
1.4. By accepting these Terms of Use or accessing the Platform, you agree to be bound by them in their entirety, including the Recurring Payments Policy (Section 10.13), the Refund Policy (Section 10.14) and the Privacy Policy. Acceptance constitutes the entire, complete and binding agreement between you and TakeProfit (individually "Party", together "Parties"). If you do not wish to be bound, do not create an account, access the Platform or use any covered service.
Term |
Definition |
|
Platform |
Tools and functionalities provided by TakeProfit for managing your cryptocurrency holdings |
|
User Account |
The account created by you for accessing the Platform |
|
Broker/Exchange Account |
Cryptocurrency exchange account from the available exchanges |
|
Subscription Purchase |
Purchase of any paid Plan |
|
Month |
Calendar month |
|
Plan |
A subscription plan for the Platform with specific features and functionalities as described on the Website |
|
Fee |
Amount paid for Subscription Purchase |
|
Trial |
Platform made available on a trial basis free of charge |
|
Third-Party Services |
Any content, applications and services made available in the Platform by TakeProfit, but provided by third-party providers |
|
User Content |
Content and data that you insert or make available via the Platform |
|
Rebates |
A return of a portion of the trading fees paid by the User in connection with the execution of trades on a connected Broker/Exchange Account, accrued by TakeProfit on a daily basis and displayed in the Rewards Hub |
3.1. The Platform provides you with tools and functionalities that allow you to manage your cryptocurrency holdings across the Exchange Accounts.
3.2. More detailed information on each free and subscribed functionality is available on our Website. By accessing and using any functionality you acknowledge you have familiarized yourself with all related information on the Website. Where indicated, the functionality is offered by a third party and that third party bears all responsibility related to the provision of such Third-Party Services.
3.3. TakeProfit does not hold, custody, or control any user funds or assets, and does not execute trades on behalf of users. The Platform provides tools that interact with third-party services, and all transactions are executed through such third parties.
3.4. TakeProfit and the authors of the publications are not liable for any losses incurred as a result of any investment made based on information or analysis provided on TakeProfit. The publications should not be interpreted as a promise, guarantee or indication that you will profit or that losses can or will be limited.
3.5. The Platform may also provide access to the Rewards Hub — a dedicated section displaying aggregated and per-account information on Rebates accrued in connection with your trading activity on connected Broker/Exchange Accounts. Display of Rebates data is subject to the User having a connected Broker/Exchange Account. TakeProfit does not guarantee any specific level of Rebates, as the amount depends on your individual trading activity and the terms applicable between TakeProfit and the relevant exchange.
4.1. Beta testing. TakeProfit may from time to time provide the possibility to use pre-release or beta features for internal testing, evaluation and feedback. Beta features may be modified, discontinued or incorporated into the final Platform at TakeProfit's sole discretion at any time. By participating in Beta testing you:
4.2. A/B testing. Random controlled testing, conducted by randomly assigning Users to a group (A/B) upon entering the Website and creating a User Account, to measure the performance of different versions of the experience.
4.3. As a result of A/B testing, Users in different groups may experience variations in features, visual styles, pricing structures and other aspects of functionality, designed to help assess the effectiveness of various design and service elements.
4.4. By using our Platform, you agree to accept the assignment to either group and acknowledge that the user experience may differ accordingly.
5.1. Eligibility criteria. To access the Platform, you must meet the following criteria and represent and warrant that:
5.2. Creating a User Account. To access the Platform you must create a User Account via the sign-up page.
5.3. Connecting with a Broker/Exchange Account. To use trading functions you may connect your Broker/Exchange Account. You are also bound by the exchange's specific terms. You confirm the account belongs to you personally.
6.1. TakeProfit offers a free tier (Freeroll) to all Users. TakeProfit may additionally offer a Trial of its paid Plans to some Users. The Trial may be used only for evaluating paid features.
6.2. Trial eligibility is determined by TakeProfit at its sole discretion, and TakeProfit may limit eligibility or duration to prevent abuse. Access may require a valid promotional code or valid payment details.
6.3. The Trial period starts upon you choosing to use it and concludes on the earlier of:
6.4. Upon completion of the Trial, ongoing activities will persist and your subscription will be automatically converted to the chosen Plan.
7.1. The Platform is intended for accessing trading research and using tools that allow managing personal cryptocurrency holdings. You may use the Platform only within the intended purpose defined herein.
7.2. You shall access the Platform in compliance with applicable laws and these Terms. You shall not use your User Account or the Platform to:
7.3. Failure to observe the limits of purpose and permitted use is a material breach of these Terms. TakeProfit may terminate your User Account per Section 14.5.
8.1. Your User Account is personal to you; you must ensure it is not used by any other person. You are responsible for all activities under your account or from your devices, including any misuse.
8.2. You are responsible for maintaining adequate security and confidentiality of your data (email, password, and other security information) by:
8.3. If you suspect a breach of security:
8.4. Failure to observe the security measures in this Section 8 is deemed a material breach of these Terms.
9.1. Subscribing to a Plan. TakeProfit offers different types of Plans, free of charge or for a Fee. A full detailed list of Plans and pricing is available on the Website. Not all Plans may be offered in all regions.
9.2. TakeProfit may, at its full discretion, provide customized Plans offered on an individual basis and not displayed on the Website/App. Customized Plans are subject to these Terms.
9.3. You can subscribe to a selected Plan on the Website or the User Account and complete payment through a third-party payment processor. Before clicking "Pay", you must confirm acceptance of the Recurring Payments Policy (10.13) and the Refund Policy (10.14).
9.4. Selecting Plan details and submitting payment details is an offer to purchase a Plan, which must be accepted by us. The Subscription Purchase is accepted when you receive confirmation or we activate your selected Plan functions.
9.5. TakeProfit may change the Plans published (add or remove) at any time. When removing a Plan, TakeProfit shall endeavor to give notice to affected Users and, where possible, propose alternatives. Pricing changes will not affect the current subscription period and become effective upon renewal.
9.6. Changing a Plan. You may upgrade your Plan or billing period at any time via your User Account; the new Plan activates immediately after payment, terminating the old Subscription Purchase. Unused funds are calculated toward the new Plan (you pay only the difference). To downgrade immediately, terminate the current Plan and conclude a new Subscription Purchase; you may request a refund per Section 10.14.
9.7. Renewal of a Plan. Unless otherwise stated, the subscription starts and expires per the start and end dates of the chosen Plan.
9.8. All Subscription Purchases under the fiat payment choice (e.g. PayPal, Stripe or other supported methods) enable monthly recurring payments until canceled or terminated. For an annual subscription or a payment method that does not allow recurring payments, you must make each payment manually.
10.1. Fees. You will pay the Fee made available at the Website at the time you placed your offer. The Fee depends on promotions/discounts, your location or residence, and chosen payment method.
10.2. All Fees, discounts and promotions are subject to change without notice. Fee increases apply only to purchases made after the increase comes into effect. TakeProfit reserves the right to correct any pricing errors and cancel affected subscriptions.
10.3. Taxes. Payments may be subject to VAT or applicable sales tax based on your location (determined by IP and/or your billing address).
10.4. TakeProfit (or its merchant of record) may apply the applicable tax rate where legally required. Where applicable, tax is included in the displayed Fee.
10.5. Payment terms. You must initiate payment when submitting the order. If payment is not completed to our satisfaction, we will cancel your offer.
10.6. You may use any available payment method shown on the Website. TakeProfit does not guarantee the availability of any payment method and may add, remove or suspend methods at its discretion.
10.7. If you disagree with the auto-generated payment information, you should provide your billing address in the Platform when proceeding with payment and send valid proof afterwards. We will determine whether an adjustment is warranted.
10.8. You pay the Fee via a payment service provider. Unless otherwise required by law, you must contact TakeProfit support for any payment issues before contacting the payment provider or financial institution.
10.9. You represent and warrant that your payment information is true, correct and complete; that you are duly authorized to use the payment method; that charges will be honored by the issuer; and that you will pay charges at posted prices including applicable taxes.
10.10. Using the Platform over the Internet may incur costs payable to your service provider. TakeProfit has no control over, and offers no refunds for, such third-party fees.
10.11. Third-Party Services. May be free (indicated with price 0) or for a fee. Payment for paid Third-Party Services is executed between you and TakeProfit via a preferred method. All Third-Party Services ordered are displayed under the User Account.
10.12. Refund. Unless required by applicable law, we have no obligation to provide a refund or credit. Due to the digital nature of the Platform, no refunds are granted without clear, justified and legitimate reasons. Refund requests are assessed per these Terms and the Refund Policy (10.14).
10.13.1. For issues related to payments or refunds, consult the TakeProfit Help Center or contact Support at hi@takeprofit.com.
10.13.2. Authorization. You authorize TakeProfit Inc. (Dover, DE, USA) to charge your default payment method (Visa, Mastercard or other) every month or every year, as chosen when subscribing.
10.13.3. Payment Processing. Payments via our merchant of record, Stripe Inc. ("Stripe"), are processed by Stripe. Your relationship with Stripe is governed by the Stripe Terms and Conditions.
10.13.4. Acceptance. You acknowledge that:
10.13.5. Payment Method Verification. You confirm your payment method: is legally owned/authorized by you; is a PayPal account you own or are authorized to use; has adequate credit/funds; and is operational and not compromised.
10.13.6. Automatic Charges. Payments are processed on the due date or within a few days thereafter.
10.13.7. Cancelation. You can cancel anytime via the Platform. The final active day is the day before the next payment date.
10.13.8. Billing and Cancelation Terms. Billing is recurring; you will continue to be billed until you cancel.
10.13.9. Effect of Cancelation. If you cancel before your paid-up period ends, your subscription remains active until the next due date; after the due date, if no payment is received, it stops.
10.13.10. Price Changes. TakeProfit may adjust the cost of services and will notify you at least 30 days before any change takes effect.
10.14.1. For payment or refund issues, refer to the TakeProfit Help Center or email Support at hi@takeprofit.com.
10.14.2. Refund for terminating a Plan. As a consumer, you may withdraw from your first Subscription within 14 days of successfully subscribing (including Trial period) and are entitled to a refund if exercised within that period. After 14 days, no refund for termination will be provided.
10.14.3. Refunds via Stripe. If payment was made via Stripe (credit/debit card or PayPal), the refund will also be made by Stripe, governed by the Stripe Terms of Service.
10.14.4. Limitations and waivers.
10.14.5. Refunds for Subscription Plans. No refunds for upgrades to a more expensive plan or for monthly plans, even if canceled the same day as payment.
10.14.6. Community Moderation. Moderators are official TakeProfit representatives who may warn or ban users (including paid subscribers). No refunds are offered when banned from publishing/interacting, because the paid subscription and its features remain available during the ban.
10.14.7. Free Trial. Billed in advance monthly or annually. Users can try selected paid plans free for up to 30 days. If not canceled before expiration, it automatically converts to a monthly or annual paid plan per the user's choice.
10.14.8. Termination for Breach. If TakeProfit terminates due to your breach, you have no right to any refund for unused Plans.
10.14.9. Discretionary Refunds. Unless required by law, TakeProfit has no obligation to provide a refund or credit; no refunds without clear, justified and legitimate reasons.
10.15.1. TakeProfit may make Rebates available to eligible Users. Rebates represent a return of a portion of the trading fees (Executed Fee) paid on completed trades executed through connected Broker/Exchange Accounts. They are calculated per executed trade and accrued daily.
10.15.2. The accrued Rebate for each trade is displayed in two denominations: (i) the currency of the Executed Fee; and (ii) the base currency of the relevant Broker/Exchange Account. Aggregated data is available in the Rewards Hub — a summary across all accounts and a per-account breakdown, with a list of trades including: Symbol, Side, Filled Qty, Executed Fee, Rebate (fee currency), Rebate (account currency), Execution ID, and trade creation time.
10.15.3. To request a payout, the User must contact TakeProfit Support. A payout request may only be submitted once the total accrued Rebates balance reaches the minimum payout threshold of USD 200 (or equivalent). Until then, the payout option is unavailable. TakeProfit may change the threshold upon prior notice.
10.15.4. Rebates do not constitute a financial payment, guaranteed income or investment return. Their availability, amount and terms are subject to change at TakeProfit's sole discretion. TakeProfit does not guarantee the continuation of the Rebates program.
10.15.5. Rebates are personal to the User and cannot be transferred, assigned or withdrawn in cash except via the payout process in 10.15.3. Rebates accrued on a terminated or suspended account may be forfeited at TakeProfit's discretion, subject to applicable law.
10.15.6. For any questions regarding Rebates or payout requests, contact TakeProfit Support at support@takeprofit.com.
11.1. The Platform, trademarks and other intellectual property made available via the Platform are the exclusive property of TakeProfit and its successors, assignees, licensors and/or suppliers. Nothing in these Terms gives you a right to use them unless specifically provided or agreed in writing.
11.2. TakeProfit grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform solely for its intended purpose, for your personal, non-commercial use, for the period you access the Platform. You have no right to access the Platform in source-code form.
11.3. Unless permitted in writing, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Platform or related IP.
11.4. You retain ownership of all User Content. By submitting User Content, you grant TakeProfit a limited, non-exclusive, worldwide, royalty-free license to use, host, store, process, reproduce and display it solely for:
11.5. TakeProfit will not use User Content for purposes unrelated to the operation or improvement of the Platform without your consent.
12.1. TakeProfit may provide, at no additional cost, updates containing:
12.2. Remedies for lack of conformity. You are entitled to have the Platform brought into conformity (e.g. via update). If TakeProfit refuses or fails within a reasonable time, or the lack of conformity is serious, you are entitled to (a) a proportionate price reduction for the non-conforming period and (b) unless the lack of conformity is minor, termination of the Plan per Section 14.4.
12.3. To assert your rights under this Section 12, contact customer support at hi@takeprofit.com.
13.1. Interruption. TakeProfit may interrupt the Platform for repairs, maintenance or similar actions (including security updates), endeavoring to notify you as far in advance as reasonably possible or, if urgent, without undue delay.
13.2. Suspension. TakeProfit may suspend or restrict access to your User Account at any time, including where:
13.3. TakeProfit endeavors to notify you in advance or, if urgent, without undue delay. Suspension does not relieve you from paying applicable Fees. TakeProfit is not liable for occurrences due to the suspension.
14.1. Upon any access or use of the Platform, these Terms remain in full force and effect in respect of such access or use, as updated from time to time.
14.2. The term of your paid subscription Plan remains in effect for the period paid for (e.g. a month or a year), subject to renewals.
14.3. If a modification under 12.1.4 negatively impacts your access/use (more than minor) and you are a consumer, you may terminate these Terms within 30 days of receiving the information about the modification or of the modification being supplied, whichever is later.
14.4. Termination of the Plan.
14.5. Termination of the User Account.
14.6. Consequences of termination.
15.1. The Platform may provide access to Third-Party Services, including Indie Marketplace and WidgetHub.
15.2. For Third-Party Services, TakeProfit acts solely as a facilitator connecting Users with providers. Your use may be subject to additional third-party terms and is entirely at your own risk. TakeProfit is not responsible for the content or quality of Third-Party Services and is not obligated to intervene in disputes.
15.3. Where required, payments for third parties are made by you to TakeProfit, who forwards the payment to the relevant third party per the conditions agreed between them.
15.4. TakeProfit makes no representation and assumes no responsibility for any Third-Party Service, has no control over them, and may disable access at any time in its sole discretion without notice. Availability or integration does not imply endorsement, authorization, sponsorship or affiliation.
15.5. You irrevocably waive any claim against TakeProfit with respect to Third-Party Services. TakeProfit is not liable for any direct, indirect, incidental, special, consequential or exemplary damages in connection with them.
15.6. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless TakeProfit and its affiliates from claims arising out of your use of Third-Party Services or your relationship with their providers.
15.7. Links to third-party platforms. Certain information and links may direct to third-party feeds, software, websites or apps not under TakeProfit's control, furnished "as is" and "as available" for informational purposes only. Inclusion does not imply recommendation or endorsement.
15.8. TakeProfit disclaims any warranty that such information or links are accurate or complete and is not liable for any third-party materials, websites, products or services.
16.1. TakeProfit processes your personal data to provide access to the Platform and its functionalities. For questions about processing or to exercise your data subject rights, contact hi@takeprofit.com.
17.1. TakeProfit will endeavor to ensure the Platform is always available but gives no assurance of availability at all times. The Platform is provided "as is" and "as available". TakeProfit is not obliged to ensure uninterrupted or fault-free access and assumes no liability for this.
17.2. The Platform may be unavailable, for example, where:
17.3. You may access the Platform via mobile device and computer. Quality and availability may be affected by factors outside our reasonable control. Not all functions may be available on mobile devices. You are responsible for prerequisite software/hardware and any data charges.
17.4. Platform updates may require scheduled maintenance. Scheduled maintenance is notified at least 12 hours in advance. Unexpected maintenance is notified as soon as possible. Third-Party Service providers may have different maintenance timelines.
18.1. TAKEPROFIT'S SOLE ACTIVITY IS TO PROVIDE THE PLATFORM. TAKEPROFIT DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. TAKEPROFIT IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING ON THE PLATFORM CONSTITUTES AN OFFERING OF ANY CURRENCY OR FINANCIAL INSTRUMENT OR INVESTMENT ADVICE. YOUR DECISIONS MADE IN RELIANCE ON THE PLATFORM ARE YOUR OWN, FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE PLATFORM AT YOUR SOLE RISK.
18.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". TAKEPROFIT DISCLAIMS ALL REPRESENTATIONS, ENDORSEMENTS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPLETENESS, TIMELINESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, AND AVAILABILITY. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE PLATFORM AT ANY TIME.
18.3. TAKEPROFIT WILL STRIVE TO ENSURE ACCURACY BUT HOLDS NO RESPONSIBILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR ANY MISSING OR WRONG INFORMATION. NO CONTENT IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL OR ENTITY. TAKEPROFIT EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY OR OTHER INTEREST.
18.4. SOME CONTENT IS SUBMITTED BY UNRELATED THIRD-PARTY PROVIDERS AND MUST BE USED FOR INFORMATIONAL PURPOSES ONLY. DO YOUR OWN ANALYSIS AND TAKE INDEPENDENT FINANCIAL ADVICE BEFORE MAKING ANY TRANSACTIONS. THE PERFORMANCE OF THE PLATFORM IS DIRECTLY LINKED TO THE PERFORMANCE OF UNRELATED THIRD-PARTY SERVICES, AND TAKEPROFIT DISCLAIMS ALL RESPONSIBILITY FOR NON-PERFORMANCE CAUSED BY THEM.
18.5. YOU EXPRESSLY ACKNOWLEDGE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. CRYPTOCURRENCIES, FOREX, EQUITIES, COMMODITIES AND OTHER FINANCIAL INSTRUMENTS INVOLVE SUBSTANTIAL RISK. CRYPTOCURRENCIES IN PARTICULAR ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY WITH RISKS THAT MAY NOT YET BE KNOWN. WE CANNOT ACCEPT RESPONSIBILITY FOR ANY LOSSES OR ADVERSE OUTCOMES DUE TO YOUR USE OF THE PLATFORM.
18.6. WE DO NOT GUARANTEE THAT FILES OR DATA AVAILABLE FOR DOWNLOADING WILL BE FREE OF VIRUSES OR DESTRUCTIVE CODE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TAKEPROFIT WILL NOT BE LIABLE FOR LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACKS, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS OR OTHER HARMFUL MATERIAL.
18.7. IN NO EVENT SHALL TAKEPROFIT BE LIABLE FOR ANY LOSSES, DAMAGES OR LIABILITIES ARISING FROM FORESEEN RISKS ASSOCIATED WITH THE USE OF THE PLATFORM. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ANY POTENTIAL LOSS. THIS LIMITATION APPLIES TO BOTH ANTICIPATED AND UNANTICIPATED RISKS.
18.8. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE DISCLAIMERS DO NOT APPLY WHERE DAMAGE IS CAUSED BY TAKEPROFIT INTENTIONALLY OR DUE TO GROSS NEGLIGENCE.
18.9. THE INFORMATION AND PUBLICATIONS ON THE PLATFORM DO NOT CONSTITUTE FINANCIAL, INVESTMENT, TRADING OR OTHER ADVICE ENDORSED BY TAKEPROFIT. ANY STATEMENT OF VIEW IS THE AUTHOR'S PERSONAL OPINION. THE AUTHORS AND TAKEPROFIT ARE NOT LIABLE FOR ANY LOSSES INCURRED BASED ON ANY PERCEIVED RECOMMENDATION OR FORECAST.
19.1. TakeProfit does not make any warranties other than those explicitly mentioned in these Terms. The Platform has not been developed to meet your individual needs.
19.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAKEPROFIT AND ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH YOUR USE OF THE PLATFORM, INCLUDING ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA OR OTHER INTANGIBLE LOSS.
19.3. TAKEPROFIT'S MAXIMUM AGGREGATE LIABILITY SHALL BE LIMITED TO THE FEES PAID BY YOU OVER THE 12-MONTH PERIOD PRECEDING THE CLAIM.
19.4. These limitations do not apply where damage is caused by TakeProfit intentionally or due to gross negligence.
20.1. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless TakeProfit, its affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms or your use of the Platform.
21.1. Should you become aware of misuse of the Platform (including libelous or defamatory conduct), you must report it to TakeProfit. You can contact us:
22.1. Entire agreement. These Terms, including incorporated policies, constitute the entire agreement between the Parties and supersede any prior agreements on the subject matter.
22.2. Non-waiver of rights. Failure to exercise or enforce any right or remedy is not a formal waiver; those rights or remedies remain available.
22.3. Severability. If any provision is held illegal, invalid or unenforceable, it shall be construed consistent with applicable law to reflect the original intent, and the remaining provisions remain in full force and effect.
22.4. Language. These Terms are concluded in English and may be available in other languages. In case of inconsistencies, the most current English version prevails. Disputes are resolved in English unless otherwise determined by TakeProfit or required by law.
22.5. Independent contractors. The Parties are independent contractors. Nothing creates any agency, partnership, joint venture, employment or fiduciary relationship.
22.6. Assignment. You may not assign or transfer your rights or delegate your obligations without our prior written consent. Any purported assignment in violation is null and void.
22.7. TakeProfit may transfer its rights and obligations to a third party, informing you in advance in the Platform. You may terminate the User Account immediately if you do not agree to the transfer.
23.1. These Terms and any Dispute arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.
24.1. Applicability. You and TakeProfit agree that any disagreement, controversy or claim arising out of or relating to your access to or use of takeprofit.com and/or the TakeProfit services, any communications, and/or these Terms (each, a "Dispute") will be resolved by binding arbitration rather than in court, except that: (1) either party may assert claims in small claims court if they qualify and remain there; and (2) either party may seek equitable relief in court for infringement or misuse of intellectual property rights.
24.2. WAIVER OF JURY TRIAL. YOU AND TAKEPROFIT WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY. ALL DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS AGREEMENT, EXCEPT AS SPECIFIED IN "APPLICABILITY" ABOVE. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW IS VERY LIMITED.
24.3. WAIVER OF CLASS AND OTHER NON-INDIVIDUALIZED RELIEF. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. IF A FINAL DECISION DETERMINES THIS WAIVER IS UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THAT CLAIM SHALL BE SEVERED AND MAY BE LITIGATED IN THE STATE OR FEDERAL COURTS LOCATED IN DELAWARE.
24.4. Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Arbitration will be administered by the National Arbitration & Mediation ("NAM") under the NAM Comprehensive Dispute Resolution Rules (as supplemented by the NAM Mass Filing Rules where applicable), as modified by this Agreement. A party initiating arbitration must provide a "Demand" including: (1) name, telephone number, mailing address, email and account username; (2) a statement of the legal claims and factual bases; (3) a description of the remedy sought and a good-faith calculation of the amount in controversy in USD; and (4) a statement certifying payment of any necessary filing fees. Demands to TakeProfit are sent to hi@takeprofit.com or by mail to 1111B S Governors Ave, Dover, DE 19904, USA. Unless otherwise agreed or Batch Arbitration is triggered, arbitration will be conducted in the county where you reside, in English, by a single arbitrator.
24.5. Authority of Arbitrator. The arbitrator has exclusive authority to resolve any Dispute, including the enforceability, scope or validity of this Agreement, except that all Disputes regarding the "Waiver of Class and Other Non-Individualized Relief" shall be decided by a court, not an arbitrator. The award is final and binding; judgment may be entered in any court having jurisdiction.
24.6. Batch Arbitration. If 25 or more individual Demands of a substantially similar nature are filed against TakeProfit by or with the assistance of the same Claimant's Counsel within a reasonably proximate period (e.g. 90 days), NAM shall administer them in batches of 100 (or a single batch of 25–99), appoint one arbitrator per batch, and resolve each batch on a consolidated basis with one set of fees, one calendar, one hearing and one final award. This provision does not authorize any class, collective or representative arbitration.
24.7. 30-Day Right to Opt Out. You may opt out by sending written notice to hi@takeprofit.com within 30 days of first becoming subject to this Arbitration Agreement. Your notice must include your name, address, the email used to set up your account, and an unequivocal statement that you want to opt out. The notice is effective only if sent by you on an individual basis. Opting out does not affect other parts of these Terms or any prior/future arbitration agreements.
24.8. Invalidity, Expiration. Except as provided in the class-waiver subsection, if any part of this Arbitration Agreement (other than 24.6) is invalid or unenforceable, it shall be severed and the remainder continues in full force. If 24.6 is found invalid or unenforceable, the entire Arbitration Agreement shall be void and all Disputes will be heard in the state or federal courts located in Delaware. Any Dispute must be initiated within the applicable statute of limitations or be forever time-barred.
24.9. Modification. TakeProfit retains the right to modify this Arbitration Agreement in the future and will notify you of material changes. Your continued use following posting constitutes acceptance. Changes do not provide a new opportunity to opt out if you previously agreed and did not validly opt out. TakeProfit will continue to honor valid prior opt-outs.
24.10. Governing Courts. To the extent a Dispute is not covered by any arbitration agreement, it shall proceed before the state or federal courts located in Delaware (except small claims court actions, which may be brought in the county where you reside).
24.11. Governing Law – Dispute Resolution (Rest of the World). If you are a consumer resident in a jurisdiction where mandatory consumer protection laws apply, nothing limits your rights under such laws; mandatory provisions of your local law may apply in addition to Delaware law.
25.1. TakeProfit may change these Terms, including incorporated policies, and will inform you of changes that materially adversely affect your use via the email in your User Account at least 14 days prior to the effective date. The updated version will be published on the Website.
25.2. TakeProfit may change these Terms via the Platform without prior notice where:
25.3. Your continued access after changes become effective constitutes acceptance. If you do not agree, you must delete your User Account per Section 14.5.1.
26.1. Notices to you are provided (i) within the Platform interface; and (ii) via email to the address in your User Account. Keep your email up to date. Email notices are effective when sent; posted notices are effective upon posting.
26.2. Notices to TakeProfit are provided via email at hi@takeprofit.com.
26.3. To request TakeProfit's consent for any action requiring it, email hi@takeprofit.com. TakeProfit may refuse such requests in its sole discretion.
27.1. By accessing and using the Platform, you represent and warrant that:
27.2. We reserve the right to choose markets and jurisdictions and may restrict or refuse the Platform in certain countries or regions, including those not listed in 27.1.9.
27.3. If you become subject to sanctions, you must immediately stop using the Platform and notify us.
27.4. We may terminate, suspend or restrict the Platform where: (27.4.1) you become subject to sanctions; (27.4.2) provision would violate or circumvent sanctions; (27.4.3) you are related to a sanctioned territory, activity, transaction or person; (27.4.4) any circumstances in 27.1 exist; or (27.4.5) we apply our right in 27.2.
28.1. Hypothetical performance results have many inherent limitations. No representation is made that any account will or is likely to achieve profits or losses similar to those shown. There are frequently sharp differences between hypothetical results and actual results.
28.2. One limitation is that hypothetical results are generally prepared with the benefit of hindsight. Hypothetical trading does not involve financial risk and no record can completely account for its impact. Numerous other factors cannot be fully accounted for and all can adversely affect actual results.
29.1. All performance claims on TakeProfit about trading systems or strategies must be regarded as hypothetical. Real-life results are almost always vastly worse than hypothetical results. Performance results do not take into account fees, spreads and/or trading commissions charged by your broker or money manager.
29.2. HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. HYPOTHETICAL RESULTS ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT AND DO NOT INVOLVE FINANCIAL RISK. THERE ARE NUMEROUS FACTORS RELATED TO THE MARKETS OR THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
30.1. User data. All User data remains the property of the User. TakeProfit does not acquire ownership. You grant TakeProfit a limited license to process and use such data as necessary to provide, maintain and improve the Platform.
30.2. Aggregated data. TakeProfit may create and use aggregated, anonymized and de-identified data derived from User data ("Aggregated Data") for any lawful purpose, including improving the Platform, analytics and research. Aggregated Data will not identify you or any individual user.
31.1. As a vendor providing official real-time market data sourced from exchanges (such as Nasdaq), we must ascertain each Subscriber's status. If subscribing as a 'Non-Professional', you affirm that:
32.1. By participating in our Referral Program, you agree to the following terms.
32.2. Eligibility. Anyone who adheres to these terms can become a participant.
32.3. Registration. Register for a free TakeProfit account to join. Upon signing up, you automatically accept the Referral Program rules as part of TakeProfit's Terms of Service.
32.4. Referral Process. To earn commissions, the referred user must use your custom referral link, be a new user, make a purchase, and not cancel their subscription or initiate a chargeback.
32.5. Commission Model. Participants receive a percentage of new subscription revenue from referrals, which may change from time to time. There is no limit on referrals. Participants receive a lifetime commission as long as their referral remains a customer, from all sources (including selling developments in the Marketplace of Indicators, selling paid content, etc.).
32.6. Tracking and Payouts. Users are tracked for 90 days after the initial referral. Payouts have a 2-month delay to prevent fraud. There is a payout threshold of \$200.
32.7. Referral Count vs. Confirmed Referrals. "Referral count" includes all purchases made with your link. "Confirmed referrals" only include purchases not refunded, canceled or charged back.
32.8. Upgrade Policy. The revenue share applies only to the first purchase. No commission for plan upgrades.
32.9. Payment Method. Affiliates receive payments via Stripe; for alternatives, contact support@takeprofit.com.
32.10. Marketing Support. TakeProfit provides marketing materials, including website banners.
32.11. Termination of Participation. TakeProfit may terminate participation for any violation of these terms.
32.12. Prohibited Activities. You agree not to engage in:
33.1. By publishing your indicators at TakeProfit's Marketplace, you confirm you have all IP rights. If you use third-party materials, you confirm you have the right to distribute them. You agree not to submit copyrighted, trade secret or other proprietary material unless you own the rights or have permission.
33.2. By using the Marketplace publishing feature, you grant us a worldwide, irrevocable, perpetual, royalty-free license to:
33.3. You can publish the script under any license. If you do not include a license in the comment section, your script is licensed under the MIT License.
33.4. TakeProfit is not responsible for how your indicators are used or misused by others, nor how you use or misuse others' indicators.
33.5. TakeProfit may review and remove your indicator without notice if we reasonably believe you violated these terms.
33.6. TakeProfit charges a commission on the sale of your indicator, which can change from time to time, except where the Seller is a Referral Program participant.
34.1. TakeProfit grants users the right to use snapshots of the TakeProfit workspace, widgets and charts in analysis, press releases, articles, blog posts and other publications, and in education sessions, streams and video podcasts. TakeProfit must be clearly visible at all times when its charts, widgets and workspaces are used.
34.2. Attribution must reference TakeProfit, such as "TakeProfit charts / Charts by TakeProfit" or "TakeProfit widgets." Use of TakeProfit products outside the platform is not allowed without proper attribution. Violation may result in a permanent ban and legal action.
35.1. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
36.1. We respect the intellectual property rights of others. If you believe any material on the Platform infringes a copyright you own or control, please notify us using the contact information below (a "Notification"). A copy will be sent to the person who posted the material. You may be held liable for damages for material misrepresentations in a Notification. If unsure, consider first contacting an attorney.
TakeProfit Inc.
1111B S Governors Ave, STE 6447, Dover, DE 19904, United States