Terms of Service
The legal agreement governing your use of the TradeMaster platform.
Effective January 1, 2025
CONTENTS
01 Acceptance of Terms
By accessing or using TradeMaster (“the Platform”), you agree to be bound by these Terms of Service (“Terms”). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you may not access or use the Platform.
02 Information Services Provided
TradeMaster provides a cloud-based Commodity Trading and Risk Management (CTRM) platform designed for commodity traders, trading companies, distributors, refiners, and related businesses. The Platform includes trade capture, risk management, operations management, settlement, cash flow monitoring, analytics, and related modules as described in your subscription agreement. We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time with reasonable prior notice.
03 User Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must: • Provide accurate and complete registration information • Immediately notify us of any unauthorized use of your account • Ensure that each user of your account complies with these Terms • Not share account credentials across multiple individuals without authorization We reserve the right to suspend or terminate accounts that violate these Terms or our Acceptable Use Policy.
04Subscription Terms
Access to TradeMaster is provided on a subscription basis. Subscription fees are due in accordance with your order form or subscription agreement. All fees are non-refundable except as expressly stated in your agreement. Subscriptions automatically renew unless cancelled in accordance with your subscription agreement. We reserve the right to change subscription fees with reasonable advance notice. Continued use of the Platform after a fee change constitutes acceptance of the new pricing.
05Intellectual Property
TradeMaster and its licensors own all rights, title, and interest in and to the Platform, including all intellectual property rights. Nothing in these Terms grants you any right to use our trademarks, logos, or brand elements. You retain ownership of all data and content you input into the Platform (“Customer Data”). You grant TradeMaster a limited license to process Customer Data solely to provide the Platform and related services. We will not use your Customer Data for any other purpose without your consent.
06 Acceptable Use
You agree not to use the Platform to: • Violate any applicable laws or regulations, including financial regulations and sanctions • Transmit harmful, fraudulent, or deceptive content • Interfere with or disrupt the integrity or performance of the Platform • Attempt to gain unauthorized access to any portion of the Platform or its related systems • Reverse engineer, decompile, or attempt to extract the source code of the Platform • Use the Platform to compete with or benchmark against TradeMaster without our consent
07Confidentiality
Each party agrees to maintain the confidentiality of the other party’s proprietary and confidential information and to use it only for purposes permitted under these Terms. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, was already known prior to disclosure, or is required to be disclosed by law.
08Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRADEMASTER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM. TRADEMASTER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO TRADEMASTER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
09Service Availability
TradeMaster targets 99.9% uptime for the Platform, excluding scheduled maintenance windows. We will provide advance notice of planned maintenance. We are not responsible for outages caused by third-party service providers, force majeure events, or factors outside our reasonable control. We do not warrant that the Platform will be error-free or uninterrupted, or that any defects will be corrected.
10 Termination
Either party may terminate these Terms upon written notice if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days of written notice. We may suspend access to the Platform immediately if we believe there is a risk to security, legal compliance, or other users. Upon termination, you will have a reasonable period to export your Customer Data. After that period, we may delete your data in accordance with our data retention policies.
11 Governing Law
These Terms are governed by and construed in accordance with the laws of the jurisdiction specified in your subscription agreement, without regard to its conflict of law provisions. If no jurisdiction is specified, these Terms shall be governed by the laws of England and Wales.
12Dispute Resolution
Any dispute arising out of or relating to these Terms shall first be subject to informal negotiation between the parties. If not resolved within thirty (30) days, disputes shall be submitted to binding arbitration in accordance with the rules of a mutually agreed arbitration institution. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect confidential information or intellectual property rights.
13 Contact Information
For questions regarding these Terms of Service, please contact: TradeMaster Legal Team Email: legal@trademaster.io Address: TradeMaster, Inc. Legal Department [Company Address]
Last updated: January 1, 2025
