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Terms of Use, Policies, and Disclaimers

Terms of Use, Policies, and Disclaimers

We want you to feel comfortable using our website located at counterplot.io (and all associated sites linked to it) or services ("Counterplot"). So, before you start using our service, you need to agree to the following terms and conditions of use ("Terms of Use"). If you do not agree, please do not use Counterplot. Counterplot is the property of Tinkering Society, LLC. ("us", "we" or "our").

1. Changes to the Terms of Use

We may change these Terms of Use at any time, but if we do, we'll let you know by posting the updated version on our site. By continuing to use Counterplot, you are signifying your acceptance of the new terms. You can always check our Terms of Use at any time by reloading the page.

2. Changes to Counterplot

We may change or discontinue any service or feature on Counterplot at any time without notice. Please note that we cannot guarantee that our services and Application Programming Interface (API) will always be backward-compatible.

3. Ownership of Information; License to Use Counterplot; Redistribution of Data

We own Counterplot, including all information made available through Counterplot or our services, and all copyrights and trademarks therein.

If Counterplot provides any data or other information, we own all rights, title, and interest in and to that data or information, including all copyrights and trademarks therein.

You may not use any data mining, robots, or similar tools on Counterplot's content, frame any portion of Counterplot or its content, sublicense, assign, transfer, sell, loan, or otherwise distribute for payment the Counterplot content without our prior written consent. You may not bypass any mechanisms included in the Counterplot content to prevent unauthorized reproduction or distribution of that content. If you have any commercial or partnership inquiries, please contact us at hello@counterplot.io.

Except as expressly permitted by us or applicable laws, you agree not to sell any of the services or materials in any manner or for any purposes, without our prior expressed written consent or our Data Providers. In addition, you shall not make copies of any of the software or documentation we provide without our prior expressed written consent or our Data Providers. For information about commercial usage of our services or APIs, please see additional agreements or contact us.

4. Attribution

We allow all users of counterplot.io and all other available versions of the site to use snapshots of our charts in analysis, press releases, books, articles, blog posts, and other publications. We also allow users to display our charts during video broadcasts for educational purposes or to promote Counterplot charts or any other product from the Counterplot website, provided that Counterplot attribution is always visible. Counterplot attribution must be clearly visible in all cases, including, but not limited to, those described herein.

Users who do not comply with the Counterplot attribution rule may be banned permanently and face legal action, including cease-and-desist warnings, court orders, injunctions, fines, damages relief, and so on.

5. Third Party Sites

Counterplot may include links to third party websites. These sites may contain materials that are objectionable, unlawful, or inaccurate. We provide these links as a convenience, and we don't endorse the content or services offered by these other sites.

We want to maintain a respectful community and prohibit any unauthorized soliciting on Counterplot. Violations of this rule may result in penalties, including but not limited to temporary or permanent bans of the account found in violation, and any appropriate and available legal action for monetary and other damages.

6. Disclaimer Regarding Content

We work with various sources such as exchanges, news providers, market data providers, and other content providers (Data Providers) to bring you information available through our services or on Counterplot. However, we can't guarantee the accuracy, reliability, currentness, completeness, or appropriateness of this information. The accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through our services and website are not and cannot be guaranteed by Counterplot. Your use of any third-party scripts, indicators, ideas, and other content is at your sole risk.

7. Disclaimer Regarding Investment Decisions and Trading

We provide information and tools to help you make investment decisions, but investment and trading decisions involve risk and should be based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. The practice of "Day Trading" involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through Counterplot or our services.

8. Disclaimer Regarding Hypothetical Performance Results

We may display hypothetical performance results to help you understand the potential outcomes of certain strategies. However, hypothetical performance results have many inherent limitations, some of which are mentioned below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program.

One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk and no hypothetical trading record can completely account for the impact of financial risk in actual trading. The ability to withstand losses or to adhere to a particular trading program in spite of the trading losses are material points, which can also adversely affect trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.

9. Registered users

Certain features of Counterplot, such as saving charts and commenting on published charts, require users to create an account. By signing up for an account, you agree to be bound by our Terms of Use. You must be of legal age and not prohibited from receiving Counterplot services by any applicable laws. Your registration information must be truthful, accurate, and complete. You agree to keep your registration information up to date. If we find that you have provided false information, we reserve the right to suspend or terminate your account.

When you submit content on Counterplot, you represent and warrant that you have all necessary rights to the intellectual property contained in your content. If you use third-party materials, you represent and warrant that you have the right to distribute such content. We reserve the right to remove any content that violates our Terms of Use.

10. Non-Professional subscriber status

As a provider of official real-time market data from exchanges, we are required to identify the "Non-Professional" status of any Subscriber. By subscribing to Counterplot's market data, you certify that:

  1. You will only use the market data for personal use, not for business or any other entity.
  2. You are not registered or qualified with the SEC or CFTC.
  3. You are not registered or qualified with any securities agency, any securities exchange, association, or regulatory body in any country.
  4. You do not perform functions that require registration with the SEC, the CFTC, any other securities agency, any securities exchange or association or regulatory body, or any commodities or futures contract market or association or regulatory body.
  5. You are not engaged as an investment advisor or asset manager and will not provide investment advice to any individual or entity.
  6. You are not subscribing to the service in your capacity as a principal, officer, partner, employee, or agent of any business or on behalf of any other individual.
  7. You use your own capital, not provided by any other individual or entity, in the conduct of your trading.
  8. You do not conduct trading for the benefit of a corporation, partnership, or other entity.
  9. You have not entered into any agreement to share the profit of your trading activities or receive compensation for your trading activities.
  10. You are not receiving office space or equipment, or other benefits in exchange for your trading or work as a financial consultant to any person, firm, or business entity.

11. Derived Data

Counterplot's proprietary derivation process uses raw market data to produce the displayed price. The process involves changing the raw price by a factor determined by the volume of trading on the underlying market, a randomized variable, and a maximum offset amount. The derived market data is sourced and supplied from various sources and can be blended.

The derived data price is only displayed to our non-professional clients and is the proprietary value of Counterplot. Raw data is not accessible to any client and cannot be reverse-engineered in any manner. All markets are passed through the same derivation engine.

12. Access and security

We take the security of your account seriously. When you create an account with us, you'll need to choose a username and password to access our services. It's your responsibility to keep your login information safe and to make sure nobody else uses your account. If you think someone else has access to your account or if you notice any unusual activity, please let us know right away so we can investigate.

We want to remind you that any private information you share with us is kept confidential. We use the same protective measures for private information, such as protected or invite-only scripts, as we do for personal data. If you're interested in learning more about how we safeguard your personal data, please read our Privacy Policy.

13. Payment and cancellation of service

When you sign up for a subscription on Counterplot, you are authorizing us to automatically charge your bank card based on the billing period you select.

If you cancel the service before the end of your current paid period, your subscription will remain active until the next due date. After the due date, if no payment is received, your subscription will be stopped. However, we do not offer refunds for initial payments or for recurring monthly payments. Please ensure that your order is correct before you make any payment.

If you upgrade to a more expensive plan or a longer billing cycle, we do not offer refunds. We convert any remaining days to an equivalent value of days on your new subscription.

If you have been billed for automatic annual and 2-year renewal of the service, you have 14 calendar days (after the payment was made) to contact our support team for a refund. If you don't do this, Counterplot assumes that the renewal of the service is expected and the payment will not be refunded.

Our moderators are official Counterplot representatives, with the authority to warn or ban users (including those with a paid subscription) when they do not abide by our Terms of Use. We do not offer refunds if you are banned from publishing content and interacting with others because your paid subscription and all of its data and/or features are still available during any such ban.

We bill in advance on a monthly, annual, or 2-year basis, and we do not offer refunds or credits for partial months of service, or refunds for months unused with an open user account. All billing is recurring, which means you will continue to get billed until you cancel your subscription. You are solely responsible for properly canceling your Counterplot subscription. You can cancel your subscription at any time by visiting the billing section of your Profile Settings page.

If auto-renewal fails for an annual plan, you will automatically be switched to a monthly plan.

We are registered for tax purposes in certain US states and cities.

14. Feedback

We love to hear from our users! If you send us any ideas, content, suggestions, documents, or proposals (collectively referred to as "Contributions") through our feedback page, you acknowledge and agree that:

  • Your Contributions do not contain confidential or proprietary information.
  • We are not under any obligation of confidentiality with respect to the Contributions.
  • We may use or disclose the Contributions in any way we want, without owing you anything.
  • Your Contributions automatically become our property.
  • You are not entitled to any compensation or reimbursement from us for your Contributions.

15. Indemnity

You are responsible for any content you submit, post, or make available through our services. If any third party makes a claim against us based on your content or use of our services, you agree to indemnify us and hold us harmless. This includes any reasonable attorneys' fees.

16. Terminating Your Account

You can delete your account with us at any time. If you delete your account, we will delete any personal data associated with it. However, certain data will be retained for the integrity of the site and our legitimate business interests, including auditing and security. Your published content will remain on the site in our discretion.

We may also terminate or suspend your account if you violate our Terms of Use or if there are technical or security issues. We may also terminate your account if you engage in fraudulent or illegal activities. We will notify you if we terminate your account.

17. Emails

We may send you marketing materials, important information messages, and special offers via email. You can unsubscribe from these emails at any time.

18. Third Party Software

Counterplot uses software components supplied by third parties in its software, website and/or services. We use them with permission from the respective licensors and/or copyright holders. These third-party software components come with their own terms and conditions, and their own privacy policies. Our Privacy Policy and these Terms of Use don't govern your use of third-party software. We don't provide any warranty or assurance to you about third-party software.

19. Publications - No Recommendation or Advice Status

We don't provide financial, investment, trading, or other types of advice or recommendations. The information and publications provided by Counterplot are for informational purposes only. Any statement of view is the author's personal opinion, and the author doesn't make any representations or warranties as to the accuracy or completeness of any information or analysis provided.

We and our authors aren't liable for any losses incurred as a result of any investment made on the basis of any perceived recommendation, forecast, or other information presented here. The contents of our publications shouldn't be interpreted as an express or implicit promise, guarantee, or indication that customers will profit, or that losses in connection with them can or will be limited if they rely on the information provided.

20. Cookies Policy

At Counterplot, we use cookies and similar technologies on our website (counterplot.io) to improve your experience and to offer our services. In this Cookies Policy, we explain what cookies are and how we use them, so you can have more control over how your data is used.

What is a cookie?

A cookie is a small piece of information that is sent to your browser when you visit a website. There are two types of cookies: session cookies and persistent cookies. A session cookie lasts only as long as your browser is open and is deleted when you close it. Persistent cookies stay on your device until they expire or until you delete them. Cookies can contain information about your device, like your IP address, browser type, language, and operating system. We use cookies to personalize your experience, improve our services, and show you relevant ads.

What cookies do we use?

Necessary cookies:We use these cookies to provide you with essential services, like allowing you to log in, access secure areas, and receive pop-up notices. You can't refuse these cookies because they're necessary for our website to function.

Performance/Analytics cookies:We use these cookies to gather data about how you use our website, like which pages you visit, how long you spend on each page, and the number of clicks. This helps us improve our website and services. We use third-party cookies for this purpose.

Cookies used to integrate third-party services:We use these cookies to allow third-party services, like videos or social network plug-ins, to work on our website.

Other third-party cookies:We use content from other websites on our website, like news widgets. These third-party sites may also use cookies. We have no control over these cookies, but you can disable them on your browser.

Managing cookies

You can manage cookies by changing your browser settings. You can choose to delete cookies or to prevent them from being saved in the future. Please consult your browser documentation to learn how to manage cookies. Keep in mind that disabling cookies may limit your ability to use certain features of our website.

Changes

Changes to the types of third-party services and cookies we use on our Site can happen, and we may update this Cookies Policy from time to time. We'll let you know of any changes by posting an updated version of the policy on our Site. We'll consider your continued use of the Site as acceptance of the changes, unless additional notice or consent is required by applicable laws.

21. General Disclaimer

Counterplot is not an investment advisor, and any information provided on the website is for general educational and entertainment purposes only. It is not investment advice, and you should not rely on it as a substitute for extensive independent market research before making actual trading decisions. The opinions, market data, recommendations, or any other content on the website are subject to change at any time without notice.

Trading leveraged products involves a high degree of risk, and you may lose more than your initial deposit. We do not recommend using technical analysis as the sole means of making trading decisions or making hurried trading decisions. It's important to understand that past performance does not necessarily indicate future results.

Counterplot is not liable for any loss or damage, including loss of profit, that may directly or indirectly arise from using or relying on information provided on the website.

Counterplot may update these policies at any time.