Terms of Service

1. Trial Policy

New Subscribers receive a 30-day free trial to assess the Service’s suitability for their business needs. Continued use of the Service beyond the trial period signifies their acceptance and will result in an invoice for the access fee, followed by monthly invoices thereafter. 

2. Use of the Service

Upon continuing to use the Service after the Trial Period, TradeHero grants you, the Subscriber, the right to access and use the Service according to the specific user roles associated with your chosen subscription type. This right is limited to you, cannot be transferred to others, and is subject to the terms of this Agreement. You acknowledge and agree that, unless a separate written agreement exists between you and your Invited Users, or as otherwise mandated by law:

A. You have the sole discretion to determine who qualifies as an Invited User and the level of access they have to the Service.

B. You are responsible for your Invited Users and their use of the Service.

C. In the event of any disagreement between you and an Invited User regarding access to the Service, you have the final say in what level of access (if any) that Invited User will have to the relevant Data or Service.

3. Your Obligations

A. Payment: Following a trial period (Clause 2), TradeHero will invoice you in advance for the next month’s access fee. This cycle will continue until termination as described in Clause 9. Invoices are sent via email to either you or a designated billing contact. Late payments will result in automatic service termination, with TradeHero not held liable for any resulting inconvenience, loss, or damage.

B. Use: You are restricted to using the service for your own lawful internal business purposes, adhering to these terms, any notices from TradeHero, and website conditions. Use on behalf of others or to provide services to others is prohibited.

C. Security: You are responsible for maintaining the security and confidentiality of all usernames and passwords used to access the service. Any unauthorized password use or security breach must be reported immediately to TradeHero for password reset. Additionally, you must cooperate with all reasonable actions TradeHero deems necessary to safeguard their systems and networks, as well as your access to the service.

D. To ensure a smooth and secure experience for all users, these Terms of Service outline certain restrictions for subscribers accessing the Services:

• Security: Subscribers are prohibited from attempting to compromise the security or integrity of TradeHero‘s computing systems, networks, or those of any third-party hosting the Service.
• Functionality: Subscribers must refrain from using the Service in any way that might impair its functionality, the systems delivering the Service, or the ability of others to use it.
• Unauthorized Access: Attempting to access materials or the hosting system beyond what a subscriber has been explicitly granted permission for is strictly forbidden.
• Content Restrictions: Subscribers are prohibited from transmitting or uploading any files that could potentially harm other users’ devices or software, content deemed offensive, or any material or data that violates any law (including copyrighted or trade secret information the subscriber has no right to use).
• Restrictions on Modification: Subscribers may not modify, copy, adapt, reproduce, disassemble, decompile, or reverse engineer any computer programs used to deliver the Service or operate the Website, except to the minimal extent necessary for normal operation.

E. Website Communication:

• Acceptable Use: Subscribers who utilize communication tools offered by the Website (forums, chat rooms, message centers, etc.) agree to only use them for lawful and legitimate purposes. These tools are not to be used for posting or disseminating irrelevant material, including (but not limited to): advertisements, unsolicited emails, files that could harm others’ devices, offensive content, or anything that violates the law (including copyrighted or trademarked material without proper use rights).
  
• Representations and Disclaimers: When using Website communication features, Subscribers represent their right to make such communications. TradeHero holds no obligation to verify the legitimacy or Service-relatedness of Website communications. As with any online forum, Subscribers should exercise caution when using these communication tools. TradeHero reserves the right to remove any communication at its sole discretion.

F. Indemnity:

The Subscriber agrees to indemnify TradeHero against all claims, costs, damages, and losses arising from any breach of these Terms or any obligations they may have to TradeHero.

4. Confidentiality

A. Neither TradeHero nor the Subscriber will disclose any confidential information they obtain from each other under these terms without the other party’s prior written consent, except when required by law. Both parties will protect the confidentiality of such information and will not share or use it for personal gain unless permitted by these terms and conditions. However, TradeHero may review the Subscriber’s data to enhance the service and ensure precise marketing.

B. The confidentiality obligations described in this section will remain in effect even after these terms end.

C. The restrictions outlined in clauses 5 a) and 5 b) do not apply to any information that:

• Is publicly known unless it became public due to a violation of this clause;
• Is obtained from a third party who legally acquired it and is not bound by any confidentiality requirements;
• Is already in the possession of the receiving party without any disclosure constraints before receiving it from the disclosing party; or
• Is created independently without reference to the Confidential Information.

5. Intellectual Property

This section outlines ownership and responsibility regarding intellectual property and data within our services.

A. Intellectual Property: TradeHero (or its licensors) retains ownership of all titles and intellectual property rights related to the Services, Website, Mobile App, and any accompanying documentation.

B. Data Ownership: While the Subscriber maintains ownership of all titles and intellectual property rights associated with their Data, access to it is contingent upon timely payment of the Access Fee. The Subscriber grants TradeHero a license to utilize, copy, transmit, store, and back up their information and Data solely for enabling access and use of the Service and for purposes directly related to providing services to the Subscriber.

C. Data Backup: Subscribers are responsible for maintaining copies of their Data inputted into the Service. Though TradeHero adheres to best practices and procedures for data protection, including daily system backups, they cannot guarantee complete absence of data loss. TradeHero expressly disclaims any liability for data loss, regardless of the cause. In the event of service access issues, Subscribers must promptly notify TradeHero. No claims for consequential or other losses can be made against TradeHero regarding such failures.

D. Third-Party Applications: If a Subscriber chooses to integrate third-party applications with the Service, they authorize TradeHero to grant these providers access to their Data as necessary for the interaction between applications and the Service. TradeHero holds no responsibility for any disclosure, modification, or deletion of Subscriber Data resulting from such third-party application access. TradeHero will not be held liable for any associated loss or damage, and the Subscriber indemnifies TradeHero against any claims arising from third-party actions.

6. Warranties and Acknowledgements

A. Acknowledgement:

The Subscriber acknowledges that:

i. As the Subscriber, you have several rights. You can access and use both the Service and Website. This includes all the information and data you enter, as well as anything added by someone you’ve authorized. Additionally, you have the right to view any processed information and data generated by your use of the Service and Website, regardless of who originally entered it.

ii. TradeHero’s responsibility is limited to the Subscriber only. This agreement doesn’t grant any benefits to anyone else. If you (the Subscriber) use the service or website for someone else (including companies), you agree to these:

• You must confirm you have the right to use the service for them.
• You are fully responsible if anyone else (authorized or not, like your employees) accesses information or data. You also agree to compensate TradeHero if this access leads to any legal claims against them.

iii. The Subscriber agrees to hold TradeHero harmless for any claims or losses arising from:

• TradeHero denying access to a person’s information or Data about the Subscriber, as permitted by these Terms.
• TradeHero sharing the Subscriber’s information or Data with someone else, when the Subscriber authorized TradeHero to do so.

iv. We offer the service without any promises that it will work perfectly. You take full responsibility for using it.

v. No Guarantees of Uptime: TradeHero can’t promise the service will always be available or work perfectly. There can be interruptions due to issues with phone lines, internet connections, or other systems outside of TradeHero’s control. TradeHero won’t be held responsible if this disrupts your access.

vi. You Decide What Works for You: It’s entirely up to you to decide if the service meets your needs and is suitable for how you want to use it.

vii. Your Data, Your Responsibility: You need to make sure that storing and accessing your information through TradeHero’s website and app complies with any legal requirements you have, such as laws that require you to keep records for a certain amount of time.

B. Suitability for the Subscriber’s Business

i. We offer a one-month free trial to let you try TradeHero and see if it meets your business needs. It’s important to note that TradeHero cannot be held responsible for your assessment of the service’s suitability. We recommend you thoroughly evaluate the service to determine if it aligns with your specific business requirements.

ii. If you decide to subscribe to TradeHero after the assessment, we’ll do our best to make sure you can access the service throughout your subscription period. However, like any electronic system, outages can happen. If you can’t access TradeHero, please let us know by email, and we’ll try to fix the problem within 48 hours. It’s important to understand that TradeHero cannot guarantee uninterrupted service and won’t be held responsible for any losses you experience due to an outage. Additionally, TradeHero doesn’t make any promises about the service. We can’t guarantee it will meet your specific needs or be perfect for every situation. In simpler terms, any legal warranties (like those for merchantability or fitness for purpose) are excluded to the fullest extent allowed by law.

C. Consumer guarantees:

This agreement is between TradeHero and a business customer. The customer acknowledges they are using the Service for business purposes. Because of this, any laws or protections meant for regular consumers won’t apply to the Service, website, or these terms.

7. Limitation of Liability

A. TradeHero is not responsible for any losses you experience (including information, data, money, or savings) if you use their website or service. This applies to all situations, even if it’s not their fault (legal term: negligence).

B. But, if TradeHero does mess up (negligence) and it causes you to lose money, the most they will have to pay you back is the amount you paid them for the service in the past year.

C. If you’re unhappy with TradeHero’s service, your only option is to cancel your agreement with them (as explained in section 9).

8. Termination

A. No-fault termination:

This Agreement lasts for the same length of time as the access fee you paid for (as defined in Clause 2). It will automatically renew for another period with the same duration at the end of each billing period, as long as you continue to pay the access fee on time. Either you or we can cancel this Agreement by giving written notice to the other party at least 30 days before the current billing period ends. If you cancel, you’ll still be responsible for paying a portion of the access fee for the current period, based on the number of days you used the service before canceling.

B. Accrued Rights:

Any rights and obligations that may have accrued by virtue of the other party up to and including the termination date are not negated by the termination of this Agreement. Upon the termination of this Agreement, the Subscriber shall promptly stop using the Services and the Website and remain responsible for all accumulated charges and sums that become payable before or after termination.

9. Help Desk

A. Technical Problems:

If you encounter technical issues, please make every effort to investigate and troubleshoot before reaching out to TradeHero. If you can’t resolve the problem and need technical assistance, refer to the online support resources on TradeHero’s website. If you still need help, you can email TradeHero at email@tradehero.uk.

B. Service availability:

We aim to keep TradeHero and our website available at all times. However, there might be occasional downtime for maintenance, development, or unforeseen circumstances. We’ll do our best to minimize these disruptions, but please understand that TradeHero won’t be held responsible for any resulting inconvenience or loss.

10. General

A. Entire agreement:

This Agreement, along with any notices or instructions provided according to its terms, replaces all previous agreements, discussions, and understandings (both written and verbal) between you (the Subscriber) and TradeHero. It represents the complete understanding between us concerning the Service and any other matters covered in this Agreement.

B. Waiver:

 A waiver of any provision of these Terms by either party shall not be treated as a waiver of any other or subsequent breach. No waiver shall be effective unless it is made in writing.

C. Delays:

If unforeseen circumstances prevent either party from fulfilling their obligations under this agreement, neither party will be held liable for delays or failure to perform, except for financial obligations which remain in full effect.

D. No Assignment:

Assignment or transfer of any Subscriber rights to a third party is prohibited without TradeHero’s prior written consent.

E. Governing Law

This Agreement will be governed by and construed in accordance with the laws of England in force at the relevant time. The parties agree to submit to the non-exclusive jurisdiction of the courts and tribunals of England.

F. Severability:

In the event that any portion or provision of this Agreement is found to be void, unenforceable, or in violation of the law, the remaining provisions shall nonetheless remain binding on the parties.

G. Notices:

All notices under this Agreement must be in writing or sent via email and will be considered delivered upon transmission. Notices to TradeHero should be emailed to [MAIL] or to any other email address specified by TradeHero to the Subscriber. Notices to the Subscriber will be sent to the email address provided by the Subscriber during the setup of their access to the Service.

H. Rights of Third Parties:

Only the parties involved in this Agreement can benefit from it or take legal action to enforce its terms.