Terms of Service - Marketflows

1. Acceptance of Terms

By accessing or using Marketflows ("Service"), operated by Marketflows AB, a Swedish aktiebolag ("Company", "we", "us"), you ("User", "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

By enabling live trading, you additionally confirm that you have read and accepted our Risk Disclaimer and Privacy Policy.

2. Description of Service

Marketflows is a software tool that provides automated stock trading signals and execution through third-party brokerages. The Service:

Analyzes market data using machine learning algorithms
Generates trading signals based on various strategies
Executes trades through your connected brokerage account (Alpaca)
Provides monitoring and reporting of trading activity

The Service is a software tool only. It operates on your own brokerage account using API credentials that you provide. We do not hold, manage, or have withdrawal access to your funds.

3. Not Financial Advice

IMPORTANT: Marketflows is NOT a registered investment advisor, broker-dealer, or financial planner. The Service does not provide personalized investment advice.

The trading signals and strategies provided by the Service are generated by automated algorithms. They are not personalized financial recommendations. You are solely responsible for your trading decisions and their outcomes. We strongly recommend consulting a qualified financial advisor before using the Service with real money.

4. Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH USING THE SERVICE.

By using the Service, and particularly by enabling live trading, you acknowledge and accept that:

Trading stocks involves substantial risk of loss, including the potential loss of your entire investment
Past performance of the Service (including backtests, historical returns, and displayed statistics) does not guarantee future results
Automated trading systems can fail, malfunction, or make incorrect predictions
Market conditions, system failures, connectivity issues, and third-party service interruptions may cause unexpected losses
You are trading with money you can afford to lose
You have reviewed and understood the full Risk Disclaimer
You bear sole responsibility for monitoring your account and managing your risk

5. Account Requirements

To use the Service, you must:

Be at least 18 years old
Be a resident of a country within the European Economic Area (EEA)
Have a valid brokerage account with a supported broker (currently Alpaca Markets)
Provide accurate and truthful account information
Maintain the security of your API credentials and login information
Not share your account with others
Comply with all applicable laws and regulations in your jurisdiction

Geographic Restrictions

The Service is available exclusively to residents of the European Economic Area (EEA). The Service is not available to residents of the United States, Canada, or any jurisdiction where the provision of automated trading services would require separate local regulatory authorization not held by the Company. By using the Service, you represent and warrant that you are a resident of an eligible country.

6. Subscription and Billing

The Service is provided on a subscription basis. By subscribing, you agree to:

Pay the applicable subscription fees as displayed at the time of purchase
Automatic renewal unless cancelled before the billing date
Cancellation at any time, effective at the end of the current billing period
No refunds for partial billing periods or unused service

We reserve the right to change subscription pricing with 30 days' notice. Continued use after a price change constitutes acceptance of the new pricing.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
MARKETFLOWS AB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR TRADING LOSSES.
TOTAL LIABILITY CAP: IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

The Company is not liable for:

Any trading losses or financial damages resulting from normal use of the Service
Service interruptions, system failures, or connectivity issues
Errors in trading signals, predictions, or execution
Issues with third-party brokers, data providers, or cloud services
Market conditions, volatility, or unforeseen events
Actions taken by the automated system on your brokerage account

Exceptions to Liability Limitation

The limitations and exclusions in this Section 7 do not apply to:

Damages caused by the Company's gross negligence (grov vårdslöshet) or willful misconduct (uppsåt)
Liability that cannot be limited or excluded under mandatory Swedish or EU law
The Company's obligations under applicable data protection legislation (GDPR)

8. Indemnification

You agree to indemnify, defend, and hold harmless Marketflows AB, its officers, directors, employees, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

Your use of the Service
Your violation of these Terms
Your violation of any applicable law or regulation
Any trading activity conducted through your brokerage account via the Service
Any claim by a third party related to your use of the Service

9. User Responsibilities

You agree to:

Use the Service in compliance with all applicable laws and regulations
Monitor your brokerage account regularly while the Service is active
Not attempt to reverse engineer, decompile, or copy the Service or its algorithms
Not use the Service for any illegal or unauthorized purpose
Not share your account credentials with others
Report any security vulnerabilities you discover
Maintain your own backups of any data you consider important

10. Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

Violation of these Terms
Suspected fraudulent or abusive activity
Non-payment of subscription fees
Any other reason at our reasonable discretion

Upon termination, automated trading will cease immediately. You remain responsible for any open positions in your brokerage account. Sections 4, 7, 8, 11, and 12 of these Terms survive termination.

11. Governing Law and Jurisdiction

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

Any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Stockholm, Sweden.

If you are a consumer within the European Union, you may also have rights under mandatory consumer protection laws of your country of residence, and nothing in these Terms affects those rights. You may also use the EU Online Dispute Resolution platform.

12. Dispute Resolution

Before initiating any legal proceedings, you agree to first contact us at hello@marketflows.io and attempt to resolve the dispute informally for a period of at least thirty (30) days.

If the dispute cannot be resolved informally, it shall be resolved through the courts of Stockholm, Sweden as specified in Section 11.

13. Changes to Terms

We may update these Terms at any time. We will notify you of material changes via email or in-app notification at least 14 days before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

If you do not agree with the updated Terms, you must stop using the Service and cancel your subscription before the changes take effect.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Contact

For questions about these Terms, contact us at:

Marketflows AB

Email: hello@marketflows.io

Website: marketflows.io