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TickSage

Terms of Service

Last Updated: April 1, 2026

CRITICAL NOTICE: TICKSAGE IS A SIMULATED TRADING ENVIRONMENT ONLY. NO REAL SECURITIES ARE TRADED, NO REAL MONEY IS AT RISK, AND NO REAL ORDERS ARE PLACED ON ANY EXCHANGE. SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING PERFORMANCE AND SHOULD NOT BE RELIED UPON FOR ANY INVESTMENT DECISIONS.

1. ACCEPTANCE OF TERMS

Welcome to TickSage, operated by Proprietary Technology LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and the Company governing your access to and use of the TickSage website located at www.ticksage.com, our mobile applications, APIs, software, tools, features, simulated trading environments, and all related services (collectively, the "Services" or "Platform").

By accessing, browsing, registering for, or using our Services in any manner, you acknowledge that you have read, understood, and irrevocably agree to be bound by these Terms, our Privacy Policy, and any additional terms, policies, guidelines, or rules that may be posted on the Platform from time to time, all of which are incorporated herein by reference.

IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. BY USING THE SERVICES, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND IRREVOCABLY WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR JURY TRIALS.

IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST IMMEDIATELY CEASE ALL ACCESS TO AND USE OF OUR SERVICES.

1.1 Eligibility Requirements

To access and use our Services, you represent, warrant, and covenant that you:

  • Are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater
  • Have the legal capacity and authority to enter into a binding contractual agreement
  • Are not prohibited from using the Services under any applicable law, regulation, or court order
  • Are not located in, under the control of, or a national or resident of any country subject to United States trade sanctions, embargoes, or export restrictions
  • Will provide accurate, current, complete, and truthful information during registration and throughout your use of the Services
  • Will maintain and promptly update your account information to keep it accurate and complete at all times
  • Have not previously been suspended, terminated, or permanently removed from the Services for any reason
  • Will not use the Services on behalf of any third party without prior written authorization from the Company
  • Understand and acknowledge that the Platform provides simulated trading only and does not facilitate real securities transactions

1.2 Modifications to Terms

We reserve the right, in our sole and absolute discretion, to modify, amend, supplement, or replace these Terms at any time and for any reason. When we make material changes, we will provide notice by posting the updated Terms on the Platform with a new "Last Updated" date and, where we deem appropriate, notify you via email or through an in-app notification.

Your continued access to or use of the Services following the posting of any modifications constitutes your irrevocable and binding acceptance of the revised Terms in their entirety. If you do not agree to the modified Terms, your sole and exclusive remedy is to immediately discontinue all use of the Services. Your failure to review updated Terms does not excuse non-compliance.

1.3 Additional Terms

Certain features, promotions, contests, or services may be subject to additional terms and conditions ("Additional Terms"). Such Additional Terms will be presented to you before you access those features and are incorporated into these Terms by reference. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall control with respect to the applicable feature or service.

2. DESCRIPTION OF SERVICES AND SIMULATED TRADING ENVIRONMENT

2.1 Platform Overview

TickSage is a simulated options trading platform designed to provide traders with professional-grade tools, analytics, and a risk-free practice environment. The Platform operates exclusively in a simulated environment where no real securities transactions occur. Our Services include, but are not limited to:

  • Simulated options trading using virtual (not real) funds in a paper trading environment
  • Real-time and delayed options chain data, quotes, and market information for educational and analytical purposes
  • Advanced charting capabilities with technical indicators and analysis tools
  • Simulated trade execution, virtual order management, and simulated position tracking
  • Virtual portfolio analytics, simulated performance metrics, and reporting
  • Options strategy builders and analyzers for educational exploration
  • Risk management tools and calculators
  • Educational content, tutorials, and resources
  • API access for programmatic interaction with simulated trading data (where available)
  • Alerts, notifications, and watchlist functionality

2.2 CRITICAL SIMULATED TRADING DISCLAIMERS

THE FOLLOWING DISCLAIMERS ARE FUNDAMENTAL TO YOUR USE OF THE PLATFORM. PLEASE READ THEM CAREFULLY.

You expressly acknowledge, understand, and irrevocably agree that:

A. No Real Trading Occurs

  • TickSage is a SIMULATED TRADING ENVIRONMENT ONLY. No real securities, options contracts, or financial instruments are purchased, sold, or traded through the Platform.
  • No real money, funds, or assets are deposited, held, transferred, or at risk at any time through the Platform.
  • No real orders are routed to, placed on, or executed at any securities exchange, alternative trading system, market maker, or any other trading venue.
  • All account balances, positions, profit and loss figures, and portfolio values displayed on the Platform are entirely fictitious and simulated.
  • The Company does not hold, custody, manage, or have access to any real funds or securities on your behalf.

B. Simulated Results Are Not Indicative of Real Trading

  • Simulated trading results bear NO relationship to, and are NOT predictive of, real-world trading outcomes.
  • Simulated environments do not account for real-world factors including but not limited to: actual market liquidity, real order book depth, actual bid-ask spreads, slippage, partial fills, market impact of orders, execution latency, broker commissions, exchange fees, regulatory fees, taxes, margin calls, and counterparty risk.
  • Simulated fills may occur at prices that would not be available in live markets, particularly during periods of high volatility, low liquidity, or around market open/close.
  • Psychological and emotional factors inherent to real-money trading (including fear, greed, loss aversion, and decision-making under financial pressure) are absent from simulated trading and may materially alter real-world trading performance.
  • Any profits achieved in the simulated environment should NOT be interpreted as an indication that similar profits can or will be achieved in real trading.
  • You shall not represent to any third party that simulated trading results constitute actual trading performance.

C. Platform Is Not a Financial Services Provider

  • TickSage is NOT a registered broker-dealer, investment adviser, commodity trading advisor, futures commission merchant, or any other type of regulated financial services entity.
  • The Company does not provide personalized investment advice, recommendations, or solicitations to buy, sell, or hold any securities or financial instruments.
  • All tools, data, analytics, and information provided through the Services are for educational, informational, and simulated practice purposes only.
  • You are solely and exclusively responsible for all real-world trading and investment decisions you make, and you may not rely on simulated results from the Platform in making such decisions.
  • Nothing on the Platform constitutes or should be construed as investment advice, financial advice, trading advice, legal advice, or tax advice.

2.3 Service Availability and Modifications

We strive to maintain reasonable availability of our Services but make NO guarantee of continuous, uninterrupted, timely, or error-free access. The Services may be temporarily or permanently unavailable due to scheduled maintenance, system upgrades, technical issues, data feed interruptions, or circumstances beyond our control. We reserve the unilateral right to modify, suspend, limit, or discontinue any part of the Services (including any simulated trading features, virtual account balances, or simulated positions) at any time, with or without prior notice, and without any liability to you whatsoever. No simulated account balance, position, or virtual asset shall be deemed a vested right or entitlement.

2.4 Third-Party Data and Services

Our Services integrate data and functionality from third-party providers, including market data vendors, exchanges, and analytics providers. We do not control and expressly disclaim all responsibility for the accuracy, reliability, timeliness, completeness, or availability of any third-party data. Third-party data may be delayed, inaccurate, or incomplete. Your use of third-party integrations may be subject to additional terms and conditions imposed by those providers. Any reliance you place on third-party data is strictly at your own risk.

2.5 Virtual Account Balances and Simulated Assets

Virtual account balances, simulated positions, and all simulated assets within the Platform are fictional constructs that exist solely within the TickSage simulation environment. They have no real-world monetary value whatsoever. You acknowledge and agree that:

  • Virtual funds cannot be withdrawn, redeemed, exchanged, or converted into real currency, cryptocurrency, or any asset with real-world value
  • The Company may reset, modify, adjust, or eliminate virtual account balances at any time, for any reason, without notice or compensation
  • No ownership, property right, or other legal interest is created in any virtual funds, simulated positions, or simulated trading results
  • Virtual account balances and simulated trading results are not transferable between users or to third parties
  • The Company bears no obligation to maintain, preserve, or restore virtual account balances or simulated positions under any circumstances, including system failures, data corruption, or Platform modifications

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To access certain features of the Services, you must create a user account. When creating an account, you agree to:

  • Provide accurate, current, and complete registration information as prompted
  • Maintain and promptly update your information to keep it accurate and complete
  • Create and maintain only one account per person across the entire TickSage platform, regardless of how many participating firms you engage with (multiple accounts, including registering with different email addresses, are strictly prohibited unless explicitly authorized in writing by the Company)
  • Not use any false, misleading, or impersonating information
  • Not create an account on behalf of another person without their explicit written authorization and the Company's prior written consent
  • Accept full and unconditional responsibility for all activities that occur under your account, regardless of whether authorized by you

3.1.1 One Account Policy

Each individual is permitted only one account on the TickSage platform. This restriction applies platform-wide across all participating firms, programs, evaluations, and services. You may not register multiple accounts using different email addresses, aliases, or identities. The Company employs technical measures, including but not limited to identity verification, IP tracking, and personal information matching, to detect and prevent duplicate accounts.

If the Company determines, in its sole discretion, that you have created or are maintaining multiple accounts, all associated accounts may be immediately terminated without notice, all simulated trading results voided, and all pending or accrued rewards, payouts, or benefits forfeited. This determination is final and non-appealable except through the arbitration process described in Section 11.

3.2 Account Security

You are solely and exclusively responsible for maintaining the confidentiality and security of your account credentials, including your username, password, and any API keys. You agree to:

  • Use a strong, unique password that you do not use for any other services
  • Enable multi-factor authentication when available
  • Never share your account credentials with any third party under any circumstances
  • Immediately notify us at [email protected] if you suspect any unauthorized access to or use of your account
  • Log out of your account when using shared or public devices

We disclaim all liability for any losses, damages, unauthorized activities, or claims of any kind arising from your failure to maintain adequate account security. You irrevocably authorize us to act on instructions received through your authenticated account credentials without further verification of identity.

3.3 Account Verification

We reserve the right to verify your identity and the accuracy of your account information at any time, through any means we deem appropriate. You agree to cooperate fully and promptly with any verification requests and provide additional documentation if requested. Failure or refusal to comply may result in immediate suspension or permanent termination of your account without prior notice.

4. USER DATA, CONTENT, AND DATA RIGHTS

4.1 User-Generated Content and Trading Data

In connection with your use of the Services, you may submit, upload, create, or generate various types of content and data ("User Content"), including but not limited to:

  • Simulated trading activity data (virtual orders placed, simulated positions opened/closed, simulated execution details)
  • Portfolio configurations, watchlists, alerts, and custom parameters
  • Strategy configurations, custom indicators, trading algorithms, and trading rules
  • Simulated performance metrics, virtual profit/loss data, and trading statistics
  • Account settings, preferences, customizations, and behavioral data
  • Comments, feedback, suggestions, communications, and any other submissions
  • Usage patterns, interaction data, feature utilization metrics, and session data

4.2 Comprehensive License Grant to Company

IMPORTANT DATA LICENSE — PLEASE READ CAREFULLY:

By using the Services, you hereby irrevocably grant to Proprietary Technology LLC and its affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable (through multiple tiers), and freely transferable license to:

  • Collect, store, process, analyze, reproduce, modify, adapt, and use all User Content and simulated trading data generated through your use of the Services, in any manner and for any purpose
  • Aggregate your data with data from other users to create anonymized, de-identified, statistical, or aggregated datasets
  • Use aggregated, anonymized, and de-identified data for any purpose whatsoever, including but not limited to research, analytics, product development, performance benchmarking, academic publications, and any commercial purposes
  • Create derivative works, statistical models, trading algorithms, reports, insights, and analytical products based on User Content
  • License, sell, distribute, sublicense, or otherwise commercialize aggregated and anonymized datasets and derivative works to any third parties, without restriction
  • Use simulated trading patterns, strategies, behavioral data, and performance data to improve our Services, train algorithms, and develop new products and services
  • Train, develop, and refine machine learning models, artificial intelligence systems, and algorithms using aggregated simulated trading data
  • Publish research, white papers, reports, and analyses based on aggregated platform data
  • Use User Content for marketing, promotional, and demonstration purposes in anonymized form

4.3 Data Anonymization and Aggregation

We may anonymize, de-identify, and aggregate User Content by removing or obfuscating personally identifiable information using methods we determine in our sole discretion. Once anonymized and aggregated, such data shall no longer be considered personal information or User Content for any purpose, and may be used for any lawful purpose without restriction, including unrestricted commercial sale and licensing to third parties, without further notice, consent, or compensation to you. You waive any claim to ownership of or compensation for anonymized and aggregated data derived from your User Content.

4.4 User Representations

You represent and warrant that:

  • You own or have all necessary rights, licenses, and permissions to submit User Content
  • Your User Content does not infringe, misappropriate, or violate any third-party intellectual property, proprietary, privacy, or other rights
  • Your User Content does not contain malicious code, viruses, trojans, worms, or any other harmful components
  • You have the full authority to grant the licenses described in these Terms

4.5 No Compensation

You expressly acknowledge and irrevocably agree that you are not entitled to any compensation, royalties, revenue share, equity, payment, or consideration of any kind for User Content, simulated trading data, or for any use, licensing, sale, or commercialization of such data by the Company or its licensees, regardless of how such data is used, monetized, or the value derived therefrom.

4.6 Feedback

Any feedback, suggestions, ideas, recommendations, bug reports, feature requests, or other input regarding the Services ("Feedback") shall become the sole and exclusive property of the Company. You hereby irrevocably assign to the Company all right, title, and interest (including all intellectual property rights) in and to all Feedback. We may use Feedback for any purpose without restriction, attribution, obligation, or compensation to you. You waive all moral rights in any Feedback to the fullest extent permitted by law.

5. PLATFORM RULES AND ACCEPTABLE USE

5.1 Simulated Trading Parameters

Your use of the simulated trading environment is subject to compliance with all applicable rules and parameters established by the Company, including:

  • Virtual account balance limits, simulated margin requirements, and virtual buying power restrictions
  • Simulated position sizing limits and concentration rules
  • Virtual drawdown limits and risk management parameters as specified in your simulated account settings
  • Simulated trading hours and market session restrictions (which may differ from actual exchange hours)
  • Order types, quantities, and frequency limitations within the simulation
  • Simulated positions expiring on the current trading day must be closed by 4:00 PM Eastern Time within the simulation
  • Any additional rules, challenges, or parameters associated with specific trading programs, evaluations, or competitions

The Company reserves the sole and absolute right to modify these parameters at any time without prior notice. Violation of any trading parameter may result in automatic position liquidation within the simulation, account restriction, or termination.

5.2 Prohibited Activities

You agree NOT to engage in any of the following strictly prohibited activities:

  • Use the Services for any illegal, unauthorized, or fraudulent purpose
  • Violate any applicable federal, state, local, or international law or regulation
  • Attempt to exploit bugs, errors, glitches, latency gaps, or vulnerabilities in the Platform or simulation engine
  • Interfere with, disrupt, degrade, or overload the Platform's infrastructure, servers, or networks
  • Use automated scripts, bots, macros, or tools to access the Services or manipulate the simulation without explicit written authorization
  • Attempt to gain unauthorized access to any accounts, systems, networks, or data
  • Engage in any form of simulated market manipulation, spoofing, wash trading, or exploitative trading patterns designed to game the simulation rather than develop legitimate trading skills
  • Share, sell, lease, or transfer your account credentials or allow others to access your account
  • Create multiple accounts to circumvent rules, reset evaluations, or gain unfair advantage
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Services, including the simulation engine or pricing algorithms
  • Scrape, harvest, mine, or systematically collect data from the Platform without written authorization
  • Circumvent, bypass, or attempt to defeat any access controls, security measures, rate limits, or usage limitations
  • Use the Services to transmit malware, viruses, or any malicious or harmful code
  • Harass, abuse, threaten, stalk, or defame other users or Company personnel
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Represent simulated trading results as actual trading performance to any third party
  • Use simulated trading results to solicit investment, raise funds, or induce any third party to engage in real trading
  • Use the Platform to test, develop, or refine trading strategies for the primary purpose of competing with or replicating the Company's products or services

5.3 Participating Firm Enforcement

The Services may be accessed through or in connection with participating proprietary trading firms, evaluation programs, or other third-party entities that operate on the TickSage platform ("Participating Firms"). By using the Services, you acknowledge and agree that:

  • Your use of the Services through any Participating Firm is subject to these Terms in addition to any separate agreement between you and the Participating Firm
  • Participating Firms are authorized to enforce compliance with these Terms, including but not limited to denying, suspending, voiding, or clawing back any payouts, rewards, or simulated trading results for violations of these Terms
  • A violation of these Terms constitutes a material breach of any agreement between you and a Participating Firm, and Participating Firms may rely on these Terms as independent grounds for any enforcement action
  • The Company may share information about your account status, enforcement actions, and violations with Participating Firms for the purpose of maintaining platform integrity
  • Enforcement actions taken by the Company (including account termination, bans, or trading restrictions) are binding across all Participating Firms and all programs on the platform
  • Participating Firms may report suspected violations of these Terms to the Company, and the Company may take action based on such reports at its sole discretion

For the avoidance of doubt, compliance with a Participating Firm's own rules does not excuse a violation of these Terms, and compliance with these Terms does not excuse a violation of a Participating Firm's own rules. Both sets of obligations apply concurrently.

5.4 Monitoring, Enforcement, and Penalties

We reserve the right, but assume no obligation, to monitor, review, audit, and analyze your use of the Services for compliance with these Terms, using automated systems and manual review. We may, in our sole and absolute discretion, investigate suspected violations and take any action we deem appropriate, including but not limited to:

  • Issuing warnings or notices
  • Temporarily suspending account access
  • Permanently terminating accounts without refund
  • Voiding, reversing, or resetting simulated trading results, virtual balances, and any associated rewards or payouts
  • Reporting illegal activities to appropriate law enforcement authorities
  • Pursuing all available legal remedies, including injunctive relief and monetary damages

6. RISK DISCLOSURE AND DISCLAIMERS

6.1 Simulated Trading Risk Acknowledgment

WARNING: WHILE THE TICKSAGE PLATFORM OPERATES IN A SIMULATED ENVIRONMENT WHERE NO REAL MONEY IS AT RISK, THE SKILLS, STRATEGIES, AND HABITS DEVELOPED THROUGH SIMULATED TRADING MAY BE APPLIED TO REAL TRADING WHERE SUBSTANTIAL RISK OF LOSS EXISTS.

You acknowledge and understand that:

  • Options are complex financial instruments with significant risks in real-world trading
  • Real trading losses can occur rapidly and may exceed initial investment amounts
  • Simulated trading success does NOT translate to or predict real-world trading profitability
  • The absence of real financial risk in the simulation creates a fundamentally different psychological and behavioral environment than real trading
  • Leverage in real trading amplifies both potential gains and potential losses in ways that may not be fully appreciated through simulation alone
  • You should consult with a qualified, licensed financial professional before engaging in any real-world trading based on experience gained through the Platform
  • The Company assumes absolutely no liability for any real-world trading losses you may incur, including those attributable to strategies developed, tested, or practiced on the Platform

6.2 No Investment Advice

Nothing in the Services constitutes, implies, or should be construed as investment advice, financial advice, trading advice, legal advice, tax advice, or any other form of professional advice. Any market data, analysis, tools, educational content, simulated results, or other information provided through the Services is for general informational and educational purposes only. You are solely and exclusively responsible for evaluating the merits and risks of each real-world trade and making your own independent trading and investment decisions. The Company expressly disclaims any fiduciary duty to you.

6.3 Disclaimer of Warranties

THE SERVICES, INCLUDING THE SIMULATED TRADING ENVIRONMENT, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY.

To the fullest extent permitted by applicable law, we expressly disclaim all warranties, representations, and conditions, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
  • Warranties regarding accuracy, reliability, completeness, or timeliness of any data, including market data and simulated trading data
  • Warranties that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components
  • Warranties that defects will be corrected or that the simulation engine will accurately reflect real-world market conditions
  • Warranties regarding the accuracy of simulated fills, pricing, execution, or any other aspect of the simulation
  • Warranties that the results obtained through use of the Services will be accurate, reliable, or beneficial
  • Warranties that the Platform will be available at any particular time or for any particular duration

6.4 Data Accuracy Disclaimer

Market data, quotes, charts, options chains, and other information displayed on the Platform may be delayed, inaccurate, incomplete, or stale. Simulated executions may occur at prices that would not be obtainable in real markets. We do not warrant the accuracy, timeliness, completeness, or reliability of any data provided by us or by third-party sources. You irrevocably acknowledge that any reliance on such data, including for real-world trading decisions, is made entirely at your own risk. The Company shall have no liability for any consequences arising from data inaccuracies or delays.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROPRIETARY TECHNOLOGY LLC, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "COMPANY PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLIED DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ANTICIPATED SAVINGS, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, WARRANTY, OR OTHERWISE) AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, the Company Parties shall NOT be liable for:

  • Any real-world trading losses, including losses resulting from strategies developed, tested, or practiced on the Platform
  • Any losses, damages, or claims arising from or related to simulated trading results, virtual account balances, or simulated performance metrics
  • Platform outages, downtime, connectivity issues, simulation engine failures, or data feed interruptions
  • Delayed, inaccurate, incomplete, or corrupted market data, quotes, or simulated execution data
  • Simulated order execution failures, delays, pricing errors, or incorrect fills within the simulation
  • Acts, omissions, or failures of third-party providers, data vendors, exchanges, or market data services
  • Unauthorized access to your account resulting from your failure to maintain adequate security
  • Loss of virtual account balances, simulated positions, or simulated trading history due to any cause
  • Modification, reset, suspension, or elimination of simulated trading programs, virtual balances, or evaluation criteria
  • Any damages arising from your reliance on information, tools, or simulated results provided through the Services
  • Any loss of expected benefits, rewards, or payouts associated with simulated trading programs or evaluations
  • Force majeure events including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power failures, or internet outages

TO THE EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF ALL COMPANY PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

The foregoing limitations shall apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by applicable law.

8. INDEMNIFICATION

You agree to fully and unconditionally indemnify, defend, and hold harmless the Company Parties from and against any and all claims, demands, actions, suits, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees, expert fees, and court costs) arising out of or in any way related to:

  • Your access to, use of, or inability to use the Services or simulated trading environment
  • Your violation or breach of these Terms, any Additional Terms, or any applicable law, rule, or regulation
  • Your User Content, simulated trading activities, or any data you submit to the Platform
  • Any misrepresentation of simulated trading results as actual trading performance
  • Any real-world trading decisions or losses attributable to your use of the Platform
  • Your infringement or misappropriation of any third-party intellectual property, privacy, or other rights
  • Any dispute or claim between you and any third party arising from your use of the Services
  • Your negligence, willful misconduct, bad faith, or fraud
  • Any tax obligations or liabilities arising from your use of the Services or any rewards received

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully and promptly with our defense of such claims and shall not settle any claim without our prior written consent.

9. INTELLECTUAL PROPERTY

9.1 Company Intellectual Property

All intellectual property rights in and to the Services, including but not limited to the TickSage name, logos, trademarks, service marks, trade dress, website design, user interface, platform architecture, simulation engine, trading algorithms, pricing models, software, source code, object code, documentation, APIs, databases, and all related content, are owned exclusively by Proprietary Technology LLC or its licensors. These rights are protected by copyright, trademark, patent, trade secret, and other applicable intellectual property and proprietary rights laws.

9.2 Limited License

Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, and terminable license to access and use the Services solely for your personal, non-commercial simulated trading activities. This license expressly does not include the right to:

  • Modify, copy, reproduce, distribute, display, perform, or create derivative works of the Services or any component thereof
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of any part of the Services, including the simulation engine
  • Use the Services for any commercial purpose, including resale, redistribution, or as a component of any commercial product or service, without our prior written consent
  • Remove, alter, obscure, or tamper with any proprietary notices, labels, marks, or legends
  • Transfer, assign, sublicense, or delegate your rights under this license to any third party
  • Access or use the Services to build, train, or improve a competing product or service

9.3 Reservation of Rights

All rights not expressly and specifically granted in these Terms are reserved exclusively by the Company. Nothing in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Company intellectual property except as expressly stated herein.

10. TERMINATION

10.1 Termination by Company

We may, in our sole and absolute discretion, suspend, restrict, or permanently terminate your access to the Services at any time, with or without cause, and with or without prior notice, including but not limited to the following circumstances:

  • Suspected or actual violations of these Terms or any Additional Terms
  • Failure to comply with platform rules, simulated trading parameters, or evaluation criteria
  • Exploitation of bugs, glitches, or vulnerabilities in the simulation engine
  • Fraudulent, deceptive, illegal, or harmful activity
  • Legal, regulatory, or compliance considerations
  • Extended periods of account inactivity (90 or more consecutive days)
  • Requests from law enforcement or government agencies
  • Discontinuation of the Services or any part thereof
  • Any reason or no reason, at the Company's sole discretion

10.1.1 Platform-Wide Bans

The Company maintains a platform-wide ban list to protect the integrity of the Services and all Participating Firms. When an account is terminated or banned, the ban applies across the entire TickSage platform, including all Participating Firms, programs, evaluations, and services. A banned individual may not create a new account, use a different email address, or otherwise attempt to access the Services through any means. Attempts to circumvent a platform-wide ban constitute a separate and independent violation of these Terms and may result in additional enforcement actions and legal remedies.

10.2 Termination by User

You may terminate your account at any time by contacting us at [email protected] or through the account settings in the Platform. Upon initiating termination, you must immediately cease all use of the Services.

10.3 Effects of Termination

Upon termination of your account, for any reason:

  • All licenses and rights granted to you under these Terms immediately and automatically terminate
  • You must immediately discontinue all access to and use of the Services
  • All virtual account balances, simulated positions, simulated trading history, and associated data may be permanently deleted without notice or liability
  • Any outstanding fees, charges, or obligations remain due and payable
  • Any pending rewards, payouts, or benefits associated with simulated trading programs are forfeited and void
  • We may retain copies of your data as required by law, for dispute resolution, or for legitimate business purposes
  • Sections that by their nature should survive termination shall survive, including but not limited to Sections 4, 6, 7, 8, 9, 11, 12, and 13

11. DISPUTE RESOLUTION AND ARBITRATION

11.1 Binding Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT SUBSTANTIALLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

You and Proprietary Technology LLC mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the simulated trading environment, any simulated trading results or rewards, your relationship with the Company, or any claim that the Company improperly terminated your account, modified simulation parameters, voided trading results, or withheld any benefits (collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may bring individual claims in small claims court if the claims qualify and remain in small claims court.

11.2 Class Action and Jury Trial Waiver

YOU AND THE COMPANY IRREVOCABLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, MULTI-DISTRICT, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

The arbitrator shall have no authority or power to consolidate more than one person's claims, preside over any form of class, collective, or representative proceeding, or award relief to anyone other than the individual party seeking relief. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and the Dispute shall proceed in court.

YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

11.3 Arbitration Procedures

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The arbitration shall be held in Sheridan, Wyoming, or at another mutually agreed location, or by videoconference if agreed by both parties. Key procedures include:

  • The arbitrator shall be a single neutral arbitrator with experience in technology and/or financial services disputes, selected in accordance with AAA rules
  • The arbitration shall be conducted in the English language
  • Discovery shall be strictly limited to what is directly relevant to the specific dispute
  • The arbitrator's decision shall be final, binding, and non-appealable (except as provided by the Federal Arbitration Act)
  • Judgment on the arbitration award may be entered in any court of competent jurisdiction
  • Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines that a claim was frivolous

11.4 Pre-Arbitration Dispute Resolution

Before initiating arbitration, you must first send a written notice of the Dispute to [email protected] describing the nature of the claim and the specific relief sought ("Notice of Dispute"). The parties shall attempt to resolve the Dispute informally within sixty (60) days of receipt of the Notice. If the Dispute is not resolved within that period, either party may initiate arbitration.

11.5 Governing Law

These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions.

11.6 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or proprietary data. Any such action shall not be subject to the arbitration provisions of this Section.

11.7 Statute of Limitations

Any Dispute must be filed within one (1) year after the date the party asserting the claim first knew or reasonably should have known of the facts giving rise to the Dispute. Failure to file within this period shall constitute a permanent and irrevocable waiver of such claim, regardless of any statute of limitations that might otherwise apply.

12. GENERAL PROVISIONS

12.1 Entire Agreement

These Terms, together with the Privacy Policy and any Additional Terms, constitute the entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous agreements, understandings, representations, and communications, whether written, oral, or implied.

12.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

12.3 Waiver

No waiver of any term, condition, or provision of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure or delay in exercising or enforcing any right, remedy, or provision shall not constitute a waiver of such right, remedy, or provision and shall not limit our ability to later enforce such right, remedy, or provision.

12.4 Assignment

You may not assign, transfer, delegate, or sublicense these Terms or any rights or obligations hereunder without our prior written consent. Any attempted assignment in violation of this Section shall be null and void. We may freely assign, transfer, or delegate these Terms and all rights and obligations hereunder without restriction and without notice to you. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

12.5 Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, riots, embargoes, labor disputes, government actions or orders, power failures, telecommunications failures, internet outages, cyberattacks, data breaches, exchange outages, market data disruptions, or other similar events.

12.6 Notices

We may provide notices to you by posting on the Platform, sending to the email address associated with your account, through in-app notifications, or through other reasonable electronic means. You agree that such notices shall be deemed effective upon posting or sending, regardless of whether you actually receive or read them. Notices to us must be sent to [email protected] or by certified mail to our physical address and shall be effective upon actual receipt.

12.7 Relationship of Parties

Nothing in these Terms creates or shall be construed to create a partnership, joint venture, agency, fiduciary, employment, or franchise relationship between you and the Company. Neither party has authority to bind the other, incur obligations on the other's behalf, or make representations or warranties for the other.

12.8 Third-Party Beneficiaries

These Terms are for the sole benefit of you and the Company and do not confer any third-party beneficiary rights, except that the Company Parties are intended third-party beneficiaries of the indemnification and limitation of liability provisions.

12.9 Headings

The section and subsection headings in these Terms are for convenience and reference only and shall have no legal or contractual effect.

13. FEEDBACK, IDEAS, AND SUGGESTIONS

13.1 Assignment of Feedback

If you provide us with any feedback, suggestions, ideas, recommendations, improvements, bug reports, feature requests, or other input regarding the Services ("Feedback"), you hereby irrevocably and unconditionally assign to Proprietary Technology LLC all right, title, and interest in and to such Feedback worldwide, including all intellectual property rights therein, in perpetuity.

13.2 Use of Feedback

You agree that we may, without any restriction, obligation, notice, or compensation to you, use, reproduce, modify, adapt, publish, translate, incorporate, distribute, sublicense, sell, and otherwise exploit any Feedback for any purpose whatsoever.

13.3 No Confidentiality

You acknowledge that Feedback is not confidential and that we have no obligation to keep Feedback confidential, to refrain from using it, or to refrain from disclosing it. You should not submit any Feedback that you consider confidential, proprietary, or that you do not wish to be used freely.

13.4 Waiver of Moral Rights

To the fullest extent permitted by applicable law, you irrevocably waive all moral rights in any Feedback, including any right to be identified as the author, to object to derogatory treatment, or to receive attribution.

14. ELECTRONIC COMMUNICATIONS AND NOTICES

By using the Services, you affirmatively consent to receive all communications from us electronically, including via email, push notifications, SMS, in-app messages, and postings on the Platform. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You must maintain a valid, current email address in your account settings. Failure to receive notices due to incorrect, outdated, or filtered contact information does not affect the validity or effectiveness of such notices.

15. EXPORT CONTROLS AND SANCTIONS COMPLIANCE

The Services may be subject to U.S. and international export control and economic sanctions laws and regulations, including the Export Administration Regulations ("EAR") and sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"). You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to U.S. embargoes or comprehensive sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and that you are not a person or entity blocked or denied under any U.S. sanctions or export control laws. You will not use, export, re-export, or transfer the Services in violation of any applicable export control or sanctions laws. We reserve the right to restrict access from any jurisdiction at our sole discretion.

16. GOVERNMENT USERS

If you are a U.S. government end user, the Services are provided as "Commercial Items" as defined in 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. The Services are licensed to U.S. government end users only as Commercial Items and with only those rights granted to all other end users pursuant to these Terms.

17. BETA SERVICES AND PRE-RELEASE FEATURES

We may offer features designated as "beta," "preview," "early access," or "experimental" ("Beta Services"). Beta Services are provided for testing and evaluation only. You acknowledge that Beta Services may contain bugs, errors, and instabilities; are provided "AS IS" without any warranties; may be modified, suspended, or discontinued at any time without notice; may not become generally available; and may result in data loss or corruption. You should not rely on Beta Services for critical purposes. All feedback regarding Beta Services is subject to Section 13.

18. API TERMS OF USE

18.1 API Access and Restrictions

If you access or use our APIs, you agree to the following additional terms. API access is provided at our sole discretion and may require separate registration and approval. You agree NOT to: exceed any rate limits or usage quotas; use the API in a manner that degrades performance for other users; cache or store API responses beyond permitted timeframes; redistribute, resell, or sublicense API access or data; use API data to create competing products or services; circumvent any access controls or authentication mechanisms; or mask or misrepresent your identity when making API calls.

18.2 API Keys and Security

API keys are confidential credentials that must be protected with the same care as passwords. You are responsible and liable for all activity conducted using your API keys. Compromised API keys must be reported immediately to [email protected]. We may revoke, rotate, or restrict API keys at any time without notice.

18.3 API Modifications

We may modify, rate-limit, or discontinue APIs at any time. We may provide notice of material API changes where practicable.

19. SUBSCRIPTION AND BILLING

19.1 Subscription Services

Certain features may require a paid subscription. By subscribing, you agree to pay all applicable fees for the subscription plan you select. All fees are quoted in U.S. dollars unless otherwise stated.

19.2 Automatic Renewal and Price Changes

SUBSCRIPTIONS AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNLESS YOU CANCEL BEFORE THE RENEWAL DATE.

You authorize us to charge the payment method on file for each renewal period. We reserve the right to change subscription prices at any time; price changes take effect at the start of your next billing cycle following notice. Continued use after a price change constitutes acceptance of new pricing.

19.3 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation is effective at the end of the current billing period. NO REFUNDS are provided for partial billing periods, unused time, or unused features, except where required by applicable law.

19.4 Failed Payments

If payment fails, we may immediately suspend or terminate your access to paid features without prior notice. You remain responsible for all outstanding charges including applicable late fees. We may attempt to charge your payment method multiple times and may engage collection agencies for unpaid amounts.

20. CONFIDENTIALITY

During your use of the Services, you may receive or have access to confidential or proprietary information of the Company ("Confidential Information"), including but not limited to technical information, algorithms, simulation engine details, business strategies, pricing, unreleased features, and non-public data. You agree to keep all Confidential Information strictly confidential; not disclose it to any third party without prior written consent; use it only for the purpose of using the Services; and protect it with at least the same degree of care you use for your own most sensitive confidential information, but in no event less than reasonable care.

Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of yours, was rightfully in your possession before disclosure, is independently developed without use of Confidential Information, or is disclosed pursuant to a valid court order with prior notice to us.

21. SURVIVAL

The following sections shall survive any termination or expiration of these Terms and continue in full force and effect: Section 4 (User Data, Content, and Data Rights), Section 6 (Risk Disclosure and Disclaimers), Section 7 (Limitation of Liability), Section 8 (Indemnification), Section 9 (Intellectual Property), Section 11 (Dispute Resolution and Arbitration), Section 12 (General Provisions), Section 13 (Feedback, Ideas, and Suggestions), Section 20 (Confidentiality), and any other provisions that by their nature should survive termination.

22. CONTACT INFORMATION

If you have any questions, concerns, or feedback about these Terms or the Services, please contact us at:

Proprietary Technology LLC
30 N Gould St Ste N
Sheridan, WY 82801
United States

General Inquiries: [email protected]
Legal/Privacy: [email protected]
Security Issues: [email protected]
Website: www.ticksage.com

ACKNOWLEDGMENT AND ACCEPTANCE

BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICES, YOU IRREVOCABLY ACKNOWLEDGE AND AGREE THAT:

  1. You have read, understood, and agree to be bound by these Terms of Service in their entirety
  2. You have read, understood, and agree to be bound by our Privacy Policy
  3. You understand that TickSage is a SIMULATED trading platform and that NO real securities transactions occur
  4. You understand that simulated trading results do NOT represent actual trading performance and are NOT predictive of real-world results
  5. You will not represent simulated trading results as actual trading performance to any third party
  6. You consent to the collection, use, licensing, and commercialization of your data as described herein
  7. You agree to resolve all disputes through binding individual arbitration
  8. You irrevocably waive your right to participate in class action lawsuits and jury trials
  9. You are of legal age and have full authority to enter into this agreement
  10. You accept all risks associated with the use of the simulated trading environment and any subsequent real-world trading decisions you may make

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