Terms of Use

Welcome to TradeMakaya (“TradeMakaya”, “we”, “us”, or “our”). These Terms of Use (“Terms”) govern your access to and use of the TradeMakaya platform, website, and related services (collectively, the “Service”).

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

1. Eligibility

By using TradeMakaya, you represent and warrant that:

• You are at least 18 years old (or the legal age of majority in your jurisdiction).
• You have the legal capacity to enter into a binding agreement.
• You are not prohibited from using the Service under any applicable law or regulation.

If you use the Service on behalf of a company or organization, you represent that you have authority to bind that entity and that the entity accepts these Terms.

2. Nature of the Service (No Financial Advice)

TradeMakaya is an educational and analytical tool designed to help traders:

• Record their trades and strategies
• Analyze performance statistics and journal entries
• Reflect on trading psychology and behavior
• Visualize metrics, dashboards, and AI-generated insights

TradeMakaya does NOT:

• Provide personalized financial, investment, tax, or legal advice
• Act as a broker, investment advisor, portfolio manager, or fiduciary
• Execute trades or handle client funds

All information, analytics, AI suggestions, or content generated or displayed by the Service is for informational and educational purposes only and must not be considered as:

• Investment advice
• Trading signals
• A recommendation to buy, sell, or hold any financial instrument

You are solely responsible for your trading decisions and for any profits or losses that may result.

3. Trading Risk Disclaimer

Trading financial instruments (including but not limited to indices, futures, CFDs, forex, crypto, and stocks) involves significant risk of loss and is not suitable for all investors.

By using TradeMakaya, you acknowledge and agree that:

• You understand the risks associated with trading and leveraged products.
• You may lose part or all of your invested capital.
• Past performance, analytics, or historical data do not guarantee future results.
• TradeMakaya is not responsible for any loss, damage, or consequences resulting from your trading activities.

If you are unsure whether trading is appropriate for you, you should consult with a qualified financial professional.

4. Account Registration and Security

To use certain features of the Service, you may need to create an account with TradeMakaya. You agree to:

• Provide accurate, current, and complete information during registration.
• Keep your login credentials confidential and secure.
• Be fully responsible for all activities that occur under your account.
• Notify us immediately if you suspect unauthorized access or a security breach.

We reserve the right to suspend or terminate your account if we reasonably believe that:

• You have violated these Terms.
• You are engaging in fraudulent, abusive, or illegal activities.
• Your account presents a security risk to the Service or other users.

5. Subscriptions, Payments, and Refunds

If TradeMakaya offers paid plans, subscriptions, or one-time purchases, you agree to pay all applicable fees, taxes, and charges associated with your chosen plan.

• Prices, features, and plans may change over time. Any change will typically apply to new billing cycles.
• Unless otherwise specified, all fees are non-refundable, except where required by law.
• You are responsible for cancelling your subscription before the next billing cycle if you no longer wish to use the Service.

6. User Content and Data

When you use TradeMakaya, you may upload, input, or generate data and content, including (without limitation):

• Trade records, orders, and performance metrics
• Notes, tags, comments, and journal entries
• Screenshots or images related to your trading
• Strategy descriptions and other personal trading information

(collectively, “User Content”).

You retain ownership of your User Content. However, by using the Service, you grant TradeMakaya a non-exclusive, worldwide, royalty-free license to:

• Store, process, analyze, and display your User Content within the Service;
• Use aggregated and anonymized data to improve our services, models, features, analytics, and performance tools.

We will not sell your individual User Content or identify you personally in public analytics without your consent, except where required by law or as stated in our Privacy Policy.

You are solely responsible for:

• The accuracy, legality, and integrity of your User Content.
• Ensuring you have the rights to upload, use, and share such content.

7. Acceptable Use

You agree not to use TradeMakaya to:

• Violate any applicable law, regulation, or third-party right.
• Upload or share content that is illegal, harmful, defamatory, abusive, or discriminatory.
• Attempt to hack, disrupt, or negatively affect the security or performance of the Service.
• Reverse engineer, decompile, or attempt to extract the source code or underlying models.
• Scrape, copy at scale, or systematically download content from the Service without our written permission.
• Impersonate another person or misrepresent your identity or relationship with any person or entity.

We may investigate suspected violations and take appropriate measures, including removing content, limiting your access, or terminating your account.

8. Third-Party Services and Integrations

TradeMakaya may integrate with third-party services (such as authentication providers, storage, analytics, or other tools).

You acknowledge that:

• These third-party services are governed by their own terms and privacy policies.
• TradeMakaya is not responsible for third-party services, their availability, or their actions.
• Your use of such services is at your own risk.

9. Intellectual Property

All rights, title, and interest in and to the Service, including but not limited to software, code, architecture, design, logos, branding, interface, text, graphics, charts, AI models, and features, are the exclusive property of TradeMakaya and/or its licensors, and are protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your own personal or internal business purposes, strictly in accordance with these Terms.

You may not:

• Copy, modify, distribute, sell, or lease any part of the Service.
• Use our brand, name, or logo without written permission.
• Build a competing product by copying core features, design, or user experience in a confusing or misleading way.

10. No Warranty (Service “As Is”)

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, TradeMakaya disclaims all warranties, whether express, implied, or statutory, including but not limited to:

• Warranties of merchantability;
• Fitness for a particular purpose;
• Non-infringement;
• Availability, accuracy, or reliability of the Service or any content therein.

We do not guarantee that:

• The Service will be error-free, uninterrupted, or secure at all times.
• Any analytics, AI outputs, or statistics will be accurate, complete, or suitable for your specific needs.
• Any issues or bugs will be corrected within a specific timeframe.

You use the Service at your own risk.

11. Limitation of Liability

To the maximum extent permitted by law:

• TradeMakaya and its owners, affiliates, partners, and employees shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, trading losses, lost data, or business interruption, arising out of or in connection with your use of the Service.
• In any case, TradeMakaya’s total aggregate liability for any claim related to the Service shall not exceed the amount you have paid to us in the last three (3) months preceding the event giving rise to the claim (or, if you use a free plan, zero).

Some jurisdictions do not allow limitations of liability for certain types of damages. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless TradeMakaya and its affiliates, officers, employees, and partners from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service;
• Your violation of these Terms;
• Your violation of any law or third-party right;
• Your User Content.

13. Termination

We may suspend or terminate your access to the Service, with or without notice, if we believe that you have violated these Terms, your use causes or risks harm to the Service or other users, or we are required to do so by law.

You may stop using the Service at any time and, if applicable, cancel your subscription.

Upon termination:

• Your right to use the Service ends immediately.
• Certain provisions that, by their nature, should survive termination (e.g., intellectual property, disclaimers, limitations of liability, indemnification) will continue to apply.

14. Changes to the Terms

We may update these Terms from time to time to reflect changes in our Service, applicable laws, or business and security needs.

When we make material changes, we may notify you by email, in-app notice, or by updating the “Last updated” date. By continuing to use the Service after changes become effective, you accept the revised Terms.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Haiti, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Port-au-Prince, Haiti, unless otherwise required by mandatory law.

16. Contact

If you have any questions about these Terms, you can contact us at: contact@trademakaya.com or visit www.trademakaya.com.