OrbFlow Labs
Legal

Terms of Service

Last updated: [date]

DRAFT, not yet reviewed by a lawyer. Replace every [bracketed item] and have this reviewed for your jurisdiction before taking payments. Clauses marked "lawyer to confirm" depend on where the company is registered and where customers live.

Please read section 4 carefully. Our software is a charting tool, not financial advice. You trade at your own risk, and we are not responsible for any trading losses.

1. Who we are and agreeing to these terms

These terms are a binding agreement between you and [Company legal name], trading as OrbFlow Labs, registered in [country] (company no. [number]), address [address] ("we", "us", "our"). Contact: support.

By ticking the agreement box at checkout, subscribing, or using our software or website, you confirm that you have read and accept these Terms, our Risk Disclosure, Refund Policy and Privacy Policy. If you don't agree, don't subscribe or use the software.

2. Eligibility

You must be at least 18 years old (or the age of majority where you live, if higher) and legally able to enter into contracts. You must not use the software where doing so would break local law. You're responsible for complying with the laws and regulations that apply to your trading.

3. What we sell

We sell subscriptions that give your TradingView account access to our invite-only indicators ("the Software"). The Software is a charting and analysis tool. It doesn't place trades, manage money, connect to your broker, or provide trading signals, recommendations or advice.

4. Not advice, assumption of risk and no reliance

  • Not advice. Nothing we provide (the Software, this website, emails, videos, community posts or support) is investment, financial, trading, legal or tax advice, or a recommendation or solicitation to buy or sell any instrument. All content is general and impersonal and is not tailored to your circumstances. We are not a registered investment adviser, commodity trading advisor, broker or dealer.
  • Your decisions. You alone decide whether, when and how to trade, and you alone are responsible for those decisions and their results, including any losses.
  • Assumption of risk. You understand that trading futures, options, forex, CFDs, cryptocurrencies and other leveraged products carries a high risk of loss, that you can lose more than you deposit, and that you trade entirely at your own risk.
  • No reliance. You agree not to rely on the Software, or anything we publish, as the sole or main basis for any trading or investment decision. The Software shows what price and volume have done; it does not predict future prices. Past behaviour does not indicate future results.
  • Data. The Software relies on market data supplied by TradingView and its data providers, which may be delayed, incomplete or wrong. Always confirm prices and orders with your broker.

5. Your account and access

  • You need your own TradingView account. Access is personal to the TradingView username you give us and may not be shared, resold or transferred.
  • We grant access on TradingView, normally within 24 hours of payment. Some features depend on your TradingView plan (for example, footprint delta needs Premium or higher).
  • The Software runs on TradingView, which we don't control. TradingView outages, data changes, plan changes or policy changes may affect or end the Software's availability, and we're not responsible for them.

6. Subscriptions, billing and cancellation

Subscriptions renew automatically each month or year until cancelled. You can cancel any time from the manage subscription page; access continues to the end of the paid period. We may change prices for future billing periods with at least 30 days' notice. Refunds are covered by our Refund Policy. Taxes may be added at checkout where required.

7. Acceptable use

You may not copy, decompile, reverse-engineer, scrape, redistribute or resell the Software or its output as your own product; share your access; attempt to bypass access controls; or use the Software in breach of TradingView's terms or any law. We may suspend or remove access without refund if you breach these terms.

8. Intellectual property

The Software, its code, design and documentation, and the OrbFlow Labs name and logo, belong to us. Your subscription gives you a personal, non-exclusive, non-transferable, revocable licence to use the Software for your own trading analysis while your subscription is active.

9. No warranty

To the extent the law allows, the Software and all content are provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of accuracy, merchantability, fitness for a particular purpose, availability or that the Software will be error-free or uninterrupted.

10. Limitation of liability

To the extent the law allows:

  • we are not liable for any trading or investment losses, lost profits, lost opportunities, lost data, or any indirect, incidental, special, consequential or punitive damages, however caused, even if we were told they were possible;
  • our total liability for all claims relating to the Software or these terms is limited to the amount you paid us in the 12 months before the event giving rise to the claim.

Nothing in these terms excludes or limits liability that cannot be excluded or limited by law (for example, for fraud, or for death or personal injury caused by negligence), or affects statutory rights you have as a consumer.

11. Indemnity

You agree to indemnify and hold harmless [Company legal name], its owners, employees and contractors from any claims, losses, liabilities and expenses (including reasonable legal fees) arising from your trading, your use or misuse of the Software, your breach of these terms, or your breach of any law or third-party rights. (Lawyer to confirm enforceability against consumers.)

12. Changes to the Software and these terms

We may update, change or discontinue features of the Software. If we discontinue the Software entirely, we'll refund any unused prepaid period. We may update these terms; material changes will be emailed to subscribers at least 14 days before they take effect, and continuing to use the Software after that means you accept them.

13. Events outside our control

We're not responsible for delays or failures caused by events outside our reasonable control, including outages or changes at TradingView, data providers, payment processors or internet providers, exchange disruptions, natural disasters, war or government action.

14. Governing law and disputes

These terms are governed by the laws of [jurisdiction]. Before starting any formal claim, you agree to contact us first so we can try to resolve it informally within 30 days. Disputes that can't be resolved go to the courts of [jurisdiction], subject to any mandatory consumer protections where you live. [Lawyer to confirm: binding arbitration and class-action waiver for US customers.]

15. General

These terms, together with the policies they reference, are the entire agreement between you and us about the Software. If any part is found unenforceable, the rest stays in effect. If we don't enforce a right straight away, we haven't waived it. You may not transfer these terms; we may transfer them to a successor business with notice to you.