TERMS OF SERVICE

    Last Updated: 4/02/2025

    1. Introduction

    Welcome to PrimeAutomation.ai (the “Service”). These Terms of Service (the “Terms” or “Agreement”) govern your access to and use of our website, platform, and any related services, including any software, applications, or tools provided by Chart Prime Trading, LLC (“Company,” “we,” “us,” or “our”). By creating an account or otherwise using the Service, you agree to be bound by these Terms.

    If you do not agree with these Terms, you may not access or use our Service.

    2. Legal Entity and Affiliation

    • Entity Name: Chart Prime Trading, LLC
    • Affiliated Company: Chart Prime

    3. Eligibility

    • Age Requirement: You must be at least 18 years of age to use the Service.
    • Prohibited Jurisdictions: The Service is not available to users in North Korea or Russia, or any other jurisdiction where such access is prohibited by law.
    • User Representations: By using the Service, you represent and warrant that:
      • You are 18 years of age or older.
      • You have the legal capacity to enter into a binding contract.
      • You are not located in a restricted jurisdiction.

    4. Account Registration

    1. Account Creation: To create an account, you must provide a valid email address and create a secure password. Two-factor authentication (“2FA”) may be required or recommended to enhance account security.
    2. Accuracy of Information: You agree to provide accurate, current, and complete information and to promptly update your information if it changes.
    3. Account Security: You are responsible for maintaining the confidentiality of your login credentials. You agree to immediately notify us of any unauthorized use or suspected breach of your account.
    4. Suspicious Activity: We may suspend or lock your account if we detect suspicious or unauthorized activity.

    5. Nature of the Service

    1. Core Functionality: PrimeAutomation.ai allows users to automate ChartPrime products or indicators via TradingView webhook alerts. Users may also integrate third-party “Bots” or “strategies” created by independent content creators, which can send non‑binding trade signals.
    2. Beta Disclaimer: The Service is currently in beta and may contain bugs, errors, or be subject to interruptions. By using the Service, you acknowledge and accept these risks.
    3. No Custody; Broker Responsibility: We do not hold user funds or custody any assets. All trade execution, KYC/AML compliance, and fund custody are handled by third‑party brokerages or exchanges you choose to connect. You are solely responsible for ensuring your chosen broker is compliant with all applicable laws and regulations.

    6. Fees and Subscriptions

    1. Free Access: The Service is free by default. We primarily earn revenue through a portion of trading fees/commissions paid by users to affiliated exchanges, which are shared with us.
    2. Optional Subscriptions: We may offer paid subscription plans (monthly, quarterly, annual, lifetime, etc.) that provide additional features or benefits. We do not charge performance‑based fees.
    3. Trial Period: If a subscription is offered, we may provide a 7‑day free trial. You must cancel during the trial period to avoid being charged.
    4. Payment and Billing: Payments for subscriptions, if any, may be processed by third‑party services (e.g., Stripe, Chargebee). We do not directly store or process complete payment details on our servers unless otherwise stated.
    5. Refund Policy: We offer a 7‑day money‑back guarantee for subscription fees only. No partial or prorated refunds are given outside that 7‑day window. Commissions or trading fees charged by affiliated brokers or exchanges are non‑refundable.
    6. Auto‑Renewal: Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date.
    7. No Renewal Notice: We do not provide advance renewal notifications. You are responsible for managing your subscription.
    8. Non‑Payment: If you fail to pay subscription fees (when applicable), your access to subscription features may be suspended or terminated.

    7. User Conduct and Prohibited Activities

    1. Prohibited Conduct: You agree not to:
      • Use the Service for any unlawful purpose or in violation of any local, state, national, or international law.
      • Engage in harassment, threats, defamation, or any other form of abusive or hateful content.
      • Attempt to hack, reverse engineer, or otherwise interfere with the Service’s functionality or security.
      • Introduce viruses, malware, or any harmful code.
      • Engage in spamming or other forms of unsolicited communication.
    2. Enforcement: We reserve the right to suspend or terminate your account if we believe you are violating these Terms or engaging in conduct that could harm us or other users.

    8. Third-Party Bots, Strategies, and User-Generated Content

    1. User-Created Bots and Strategies: The Service may allow users to create, publish, or manage automated trading “bots” or strategies (collectively, “Bots”). Other users may subscribe to or follow these Bots. These Bots and strategies are developed independently by third parties or other users, not by us. We do not supervise, endorse, or certify the effectiveness or reliability of any Bot, strategy, or trading signal.
    2. No Endorsement or Verification: We make no representations or warranties regarding the accuracy, reliability, performance, or profitability of any Bot or strategy available on the platform. Any reliance you place on such Bots or strategies is at your own risk. You are solely responsible for evaluating their merits, risks, and suitability for your own trading objectives.
    3. No Financial Advice: Nothing on the Service, including Bots or strategies, constitutes financial, investment, or trading advice from us. We are merely providing a technological platform that allows users to offer, share, and subscribe to Bots or strategies. We do not provide personalized recommendations, execute trades on your behalf, or act as a broker, dealer, investment adviser, or fiduciary in any capacity.
    4. Stock or Securities Strategies: If a Bot or strategy involves stocks or other securities (including but not limited to equities, options, or ETFs), you acknowledge that we are not registered as a broker-dealer or investment adviser. You are solely responsible for complying with any applicable laws and regulations, including those governing securities trading in your jurisdiction.
    5. Assumption of Risk: Trading cryptocurrencies, securities, or any financial instruments involves significant risk of loss. You acknowledge and agree that you assume all risk for any trades executed using the Bots or strategies offered via the Service. We do not guarantee that you will achieve any particular investment results or profits from following a Bot or strategy.
    6. Limitation of Liability for Third-Party Bots: To the maximum extent permitted by law, we will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including lost profits or trading losses, arising out of or in connection with your use of or reliance on any Bot, strategy, or user-generated content. This limitation applies even if we have been advised of the possibility of such damages.
    7. Third-Party Content “As Is”: All Bots, strategies, signals, or other user-generated content made available through the Service are provided “as is” without warranties of any kind, express or implied. We do not review, edit, or curate user-generated content for compliance, legality, or accuracy. Each user or Bot creator is independently responsible for their own content.
    8. Indemnification for Third-Party Bots: You agree to indemnify, defend, and hold harmless Chart Prime Trading, LLC and its affiliates from any claims, damages, liabilities, losses, or expenses (including reasonable attorney fees) arising out of or related to (a) your use of or reliance on any Bots, strategies, or other user-generated content; (b) your breach of these Terms; or (c) your violation of any third-party rights.
    9. No Execution by the Company: The Company does not execute trades on your behalf. Any integration with third-party trading platforms or broker APIs is done at your sole discretion and risk. You are fully responsible for monitoring and verifying any trades, orders, or positions taken by such Bots through your own brokerage or exchange account.

    9. Intellectual Property

    1. Ownership: All text, graphics, logos, trademarks, service marks, software code, and other materials provided on or through the Service are owned by or licensed to Chart Prime Trading, LLC, unless otherwise indicated.
    2. Limited License: We grant you a limited, non‑exclusive, non‑transferable license to use the Service for your personal or internal business purposes, in accordance with these Terms.
    3. Restrictions: You may not copy, modify, distribute, sell, or lease any part of the Service unless you have our express written permission.

    10. Privacy

    Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and protect your personal information.

    11. Data and Content

    1. No Hosted User Content: PrimeAutomation.ai does not generally host or store user-generated content aside from the automated strategies or Bots referenced above.
    2. Analytics and Usage Data: We collect usage data (e.g., logs, IP addresses, device information) as described in our Privacy Policy for operational and marketing purposes.

    12. Disclaimer of Warranties

    1. As Is / As Available: The Service is provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied.
    2. Beta Software: Because the Service is in beta, it may be unstable. We do not guarantee error‑free performance.
    3. No Financial Advice: We do not provide financial, investment, or trading advice. Any signals or information provided is for informational purposes only, and you are solely responsible for your trading decisions.
    4. No Guarantee of Accuracy: We do not guarantee the completeness, reliability, or accuracy of any information made available via the Service.

    13. Limitation of Liability

    1. No Liability: To the fullest extent permitted by law, we will not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of or inability to use the Service.
    2. Trading Risk: You acknowledge that trading cryptocurrencies, securities, or other financial instruments carries inherent risks, and we are not responsible for any losses you may incur.
    3. Total Liability Cap: If, for any reason, we are found liable despite the above, our total liability shall be limited to the subscription fees (if any) paid by you to us in the 12 months preceding the claim.

    14. Indemnification

    You agree to indemnify, defend, and hold harmless Chart Prime Trading, LLC, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, losses, or expenses (including attorney fees) arising from or related to:

    • Your use or misuse of the Service.
    • Your violation of these Terms.
    • Your violation of any third-party right, including intellectual property rights or privacy rights.

    15. Arbitration, Class Action Waiver, and Jury Trial Waiver

    1. Arbitration: All disputes arising from or relating to these Terms or the use of the Service shall be resolved by final and binding arbitration administered by a reputable arbitration organization under its rules.
    2. Class Action Waiver: You agree that any dispute resolution shall be conducted on an individual basis and not as part of a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit.
    3. Jury Trial Waiver: If any dispute is not subject to arbitration, both you and the Company waive any right to a jury trial.

    16. Governing Law

    These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to conflict of law principles.

    17. Termination

    1. User Termination: You may terminate your account at any time by contacting us or following the instructions within the Service.
    2. Company Termination: We may suspend or terminate your account if you breach these Terms or for any other reason at our sole discretion.
    3. Effect of Termination: Upon termination, all associated data will be deleted except for your email address (retained for record-keeping or legal compliance).

    18. Force Majeure

    We will not be liable for any delay or failure in performance due to events beyond our reasonable control, including natural disasters, acts of war, government actions, or internet service disruptions.

    19. Changes to the Terms

    We may update these Terms from time to time. The “Last Updated” date at the top indicates the most recent revision. By continuing to use the Service after the changes take effect, you agree to be bound by the updated Terms.

    20. Entire Agreement and Severability

    1. Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and Chart Prime Trading, LLC regarding the Service.
    2. Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

    21. Contact Us

    If you have any questions about these Terms, please contact us at:

    Email: support@primeautomation.ai

    By using PrimeAutomation.ai, you confirm that you have read, understood, and agree to these Terms of Service.