Terms & Conditions for EMT app
Introduction to the Terms and Conditions of Use for Email Trader
Welcome to Email Trader, an innovative solution designed to simplify and accelerate your trading operations by leveraging the Interactive Brokers API. Email Trader acts as an advanced technical bridge, facilitating the automatic execution of trade orders in response to alerts received via a Gmail account secured with OAuth2.0 authentication. Our application offers an intuitive user interface and customizable features to meet specific trading needs, ensuring fast and secure order execution through the Interactive Brokers API.
It is important to emphasize that Email Trader is purely a technical tool intended to enhance the efficiency and accessibility of trading operations. As such, Email Trader:
• Does not provide investment advice, nor make any investment decisions, nor formulate trading strategies.
• Does not manage trading accounts, nor place orders directly on the market, and is not involved in financial management nor in tracking the profitability of trading operations.
• Acts solely as a technical intermediary, transforming orders expressed in JSON format into orders accepted by the Interactive Brokers API, without intervention in the decision-making process.
The use of Email Trader is governed by these Terms and Conditions of Use (TCU), which define the legal framework of our relationship with you, the user, by specifying your rights and obligations as well as those of Email Trader. By accessing and using Email Trader, you acknowledge having read, understood, and agreed to be bound by these TCU, which constitute a legal agreement between you and Email Trader. If you do not accept these TCU, you must not use Email Trader.
These TCU aim to ensure a transparent and secure use of Email Trader, while clarifying the technical nature of our service. We invite you to read these conditions carefully before starting to use Email Trader, to ensure an optimal and safe experience.
1. Acceptance of Terms of Service
Access and Use of the Service: By accessing or using "Email Trader", including viewing this software, viewing or downloading publications related to "Email Trader", and/or accessing or using the services made available by "Email Trader", you agree to be legally and unconditionally bound by these Terms of Service.
Careful Reading Required: You should read these Terms of Service carefully before accessing or using our Services. These Terms establish the legal rules and guidelines for the use of "Email Trader" and contain important information about your rights and obligations.
Questions and Clarifications: If you have any questions about these Terms of Service or if you seek clarifications about their content, please contact our support team at contact.emailtrader@gmail.com.
Non-Acceptance of Terms: If you do not accept these Terms of Service, or any future modifications to these terms, you must not access or use "Email Trader".
2. General Terms
Scope of Terms and Conditions: These Terms and Conditions ("Terms of Service") apply to your access to and use of "Email Trader" and its associated services. This includes, but is not limited to:
• The transmission, via email, of stock market orders in JSON format to the Interactive Brokers (IBKR) API;
• Any related software, applications, or services that we may provide, which facilitate the connection and interaction with the IBKR API;
• The utilization of the Gmail API for the purpose of email communication within the service; and
• Any documentation, help files, or publications related to "Email Trader."
• Interactions with our customer service team, including support requests, inquiries, and feedback submissions, which are integral to providing a comprehensive service experience.
Corporate Use: If you are using "Email Trader" on behalf of a corporation, partnership, firm, or organization, references to "you" or "your" in these Terms of Service refer to that entity, and you represent that you have the legal authority to bind said entity.
Privacy Policy: Our Privacy Policy, available at section 10 of this document, is incorporated into these Terms of Service. You must not use "Email Trader" if you do not agree to these Terms of Service or the terms of our Privacy Policy.
Amendments: We may amend these Terms of Service or the Privacy Policy at our sole discretion without prior notice to you. Your continued use of "Email Trader" following such modifications will constitute your acceptance of these new terms or Privacy Policy.
User Agreement and Acknowledgement: By using "Email Trader," you agree, acknowledge, and confirm that:
• You have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, as they may be amended from time to time.
• If you are a natural person or representing a corporate entity, you are above the legal age of majority in your jurisdiction.
• If representing a legal person, that entity is duly organized and validly existing under the laws of its jurisdiction and you are authorized to act on its behalf.
• You have the capacity and authority to lawfully use "Email Trader."
• Your access to and use of "Email Trader" is lawful in all applicable jurisdictions and does not conflict with any legal obligations or restrictions.
• You are acting on your own account and enter these Terms as a principal, not as an agent for any third party.
• You have not been previously prohibited from using "Email Trader" or similar services.
Service Availability: We may not make "Email Trader" available in all markets and jurisdictions, and may restrict or prohibit its use in certain areas. We reserve the right to amend policies regarding service availability without prior notice, and may implement controls to restrict access from certain jurisdictions. You must not attempt to circumvent such restrictions.
Prohibited Users: You are prohibited from using "Email Trader" if you are subject to any sanctions regime or have been notified by any government or regulatory authority of being targeted with sanctions, restrictions, penalties, enforcement actions, or investigations under applicable laws (including AML/CFT, anti-corruption, or economic sanction laws).
Marketing and Promotion: You must not market or promote "Email Trader" in any way that breaches applicable laws or regulations. If you link to or promote our services, you are responsible for all consequences of such activities and agree to indemnify us for any loss or damage arising from them.
3. Account Integration and Use of Third-Party Services
Third-Party Account Requirements: To use "Email Trader," active accounts with Interactive Brokers (IBKR), Apple, and Google (for Gmail) are required. "Email Trader" leverages these accounts for its operations, integrating functionalities and subscription management, without creating separate user accounts.
Account Ownership and Control: You represent that all third-party accounts used with "Email Trader" are owned and controlled solely by you. It is your responsibility to manage and secure your IBKR, Apple, and Google accounts, including any changes or activities within these accounts.
Interdependence with Third-Party Services: While "Email Trader" operates independently from any third-party products, services, or activities, it technically relies on and interfaces with services provided by IBKR, Apple, and Google. Your engagement with these third-party services is essential for the functionality of "Email Trader." As such, while your legal agreements with IBKR, Apple, and Google are distinct from your use of "Email Trader," your access to and use of "Email Trader" are technically contingent upon these services. You are, therefore, subject to the terms and conditions of IBKR, Apple, and Google when utilizing "Email Trader."
Referral Fees and Commissions: Any referral fees or commissions earned through your use of third-party accounts in conjunction with "Email Trader" do not affect our service terms.
Compliance with Third-Party Requests: We may act on requests from IBKR, Apple, Google, or other third parties to impose restrictions or modifications on your use of "Email Trader." The availability and functionality of "Email Trader" may be contingent upon your subscription and the services provided by third parties.
Prohibited Uses of the Service: You are prohibited from using "Email Trader" for unlawful, harmful, fraudulent activities or in violation of the terms of service of IBKR, Apple, or Google.
Responsibility for Account Activity: You accept responsibility for all activities under your third-party accounts in relation to "Email Trader," including any unauthorized access or misuse.
Liability for Third-Party Account Activities: We do not assume liability for activities or services accessed through third-party accounts linked to "Email Trader."
Termination and Modification by Third Parties: Your access to "Email Trader" may be terminated or modified based on the terms set by IBKR, Apple, Google, or any other involved third parties, and we are not liable for termination or modification initiated by these third parties.
Data Deletion upon Account Termination: Upon termination or modification of your access, all related data and information in "Email Trader" may be deleted or inaccessible, and we are not responsible for data loss or security breaches within third-party accounts.
4. Subscriptions and Pricing
Subscription Overview: The subscriptions for "Email Trader" ("Plans"), including prices and associated functions, are listed and described on the Apple AppStore. The features and pricing provided at the time of your subscription purchase are applicable to your subscription ("Subscription") and are deemed to be incorporated into these Terms of Service. By purchasing any Subscription, you agree to be bound by these Terms of Service with respect to that Subscription, including terms related to fees, duration, features, and any other conditions specified from time to time.
Platform-Specific Subscriptions: Subscriptions to "Email Trader" are platform-specific, meaning they are linked exclusively to the operating system for which they were purchased, such as macOS or Windows. These subscriptions are tied to the respective app stores—Apple AppStore for macOS and the corresponding store for Windows—where the transaction occurred. As a result, it is not possible to transfer subscriptions between different platforms or app stores. By subscribing to "Email Trader," you acknowledge and agree that your subscription, and any associated rights and privileges, are non-transferable and are valid only within the original platform and store from which they were obtained.
Pricing and Plan Modifications: We reserve the right to change the features, pricing, and range of available Plans at any time. This includes modifications for individual users, where alternative pricing and bespoke features might be offered. When varying or removing a Plan that affects your Subscription(s), reasonable notice will be given.
Payment Options: Payment for Subscriptions is managed via the Apple AppStore. The availability of payment methods is subject to change and may be added, removed, or suspended at Apple's sole discretion. If any payment for Services is not received, you will be deemed not to have subscribed for that Service.
Automatic Renewal of Subscriptions: Subscriptions for "Email Trader" may include automatic renewal. Where this applies, your Subscription will automatically renew until terminated. If automatic renewal does not apply, your Subscription will terminate at the end of the original period unless terminated earlier under these Terms of Service.
Payment Authorization: As "Email Trader" does not handle payment processing, you acknowledge that all transactions, including the provision of payment information and authorization, are managed through the Apple AppStore. You are responsible for ensuring the accuracy and authorization of your payment methods within the AppStore environment.
Price Information Accuracy: Pricing details for "Email Trader" are displayed and managed by the Apple AppStore. We do not control these displays and, therefore, are not responsible for any errors or inaccuracies in the pricing information provided within the AppStore. Apple reserves the right to correct any errors or inaccuracies and to cancel orders as per their policies.
Third-Party Payment Processors: Payments for "Email Trader" Subscriptions are entirely processed by the Apple AppStore. As such, "Email Trader" has no responsibility for the payment services provided by Apple. Your financial transactions and relationship concerning payments are governed by Apple's terms and conditions, including their data privacy policies.
Refunds and Credits: "Email Trader" adheres to the refund policy provided by Apple through the AppStore. Any requests for refunds or credits for Subscriptions purchased must be directed to and processed through Apple. Please refer to Apple's refund policy on the AppStore for details regarding eligibility and procedures for requesting refunds.
5. Disclaimers, Limitations, and Liability
Accuracy and Reliability of Information: "Email Trader" may provide information extracted or derived from third-party services, including IBKR, Apple, and Google. While we endeavor to ensure the accuracy and reliability of the information provided, we do not guarantee its accuracy, reliability, timeliness, completeness, or fitness for a particular purpose. We accept no liability for any loss or damage if you rely on this information. Such information is provided "as is" and on an "as available" basis.
Service Integration and Third-Party Reliance: "Email Trader" integrates with services provided by third parties, including but not limited to Google for email transmission and Interactive Brokers (IBKR) for trade execution and market data. While "Email Trader" facilitates these interactions, the responsibility for the quality, speed, and reliability of the services provided by these third parties, including the timeliness and accuracy of information transmitted, rests solely with the respective service providers.
User Responsibility for Security Implementation: While "Email Trader" provides security features, such as biometric access where available, email protection through Gmail's API and OAuth 2.0 standard, authentication via a unique 'sesame code' for trading alerts, or the ability for users to specify accepted email addresses, the ultimate security of user accounts and data relies on the proper utilization of these features by the users themselves. It is the user's responsibility to ensure the secure operation of their account and to maintain the confidentiality of their login credentials. "Email Trader" disclaims liability for any loss or damage resulting from unauthorized access to a user's account or misuse of its features, underlining the importance of users' adherence to security protocols and prompt reporting of any security breaches.
Limitation of Liability for Third-Party Services: We do not guarantee the performance or the results that may be obtained from the use of third-party services. The functionality and performance of "Email Trader" are contingent upon the effectiveness of these external services and the hardware and software configurations employed by the user. As such, "Email Trader" accepts no liability for any loss or damage arising from the use of or reliance on services provided by Google, IBKR, or any other third-party services.
User Acknowledgment: Users of "Email Trader" acknowledge that the performance and expected results are dependent on a variety of factors, including but not limited to the user's own technical environment, the specifications and capabilities of their hardware and software, and the performance of third-party service providers. Users agree that "Email Trader" is not responsible for any performance issues that are attributable to the services provided by third parties or to the users' own technical infrastructure.
Facilitation Role and User Due Diligence: "Email Trader" serves as a facilitator for utilizing the Interactive Brokers (IBKR) API, which is inherently complex. Users are responsible for ensuring that the Json orders they transmit, which utilize the keywords of the IBKR API, accurately reflect their intended trading instructions. To mitigate the risk of unintended transactions, users are strongly advised to utilize the Paper account provided by IBKR for simulation purposes and to employ the Json submission functionality provided by "Email Trader" for thorough testing prior to live execution. "Email Trader" assumes no responsibility for orders placed that do not achieve the user’s intended outcome, underscoring the importance of careful review and verification of orders by the user before submission.
Role and Responsibilities: We do not act as your agent, broker, adviser, trustee, or fiduciary. "Email Trader" is a technical tool facilitating the transmission of stock market orders via email to IBKR's API, and should not be construed as providing investment, financial, legal, tax, or other advice. You are responsible for your own due diligence and should consult an independent adviser as needed.
No Endorsement or Solicitation: No information provided by us should be construed as a promotion, solicitation, or recommendation to use "Email Trader" or any associated third-party services. Decisions to use "Email Trader" and any Third-Party Accounts are yours and should be made independently.
Risk Acknowledgment: Your use of "Email Trader" and associated third-party accounts and services may carry inherent risks, including potential failures of the software, infrastructure, or services provided by third parties. You accept responsibility for these risks.
Application Access and Device Security: Access to "Email Trader" is device-based, and you are responsible for safeguarding the device through which the application is utilized. You must not allow others to use your device to access "Email Trader" in a manner that could compromise the security of your trading activities. It is your sole responsibility to ensure that appropriate measures are in place to maintain the confidentiality and integrity of your device, thereby preventing unauthorized use of the application. This includes securing your device with strong access controls, such as passwords, PINs, or biometric authentication, and being vigilant about the physical security of your device.
Customer Service Interaction Disclaimer: Any guidance or support provided by "Email Trader's" customer service is intended solely to assist you with the usage of "Email Trader" and its related services. While we strive to provide accurate and helpful support, we do not warrant the completeness, accuracy, or timeliness of information provided by customer service representatives. Our liability for any information provided via customer service, and any actions taken or not taken based on such information, is expressly disclaimed, to the extent permitted by applicable law. Users are encouraged to independently verify any customer service advice before relying on it, especially when making trading decisions or if the guidance pertains to financial, legal, or tax matters.
Limitation of Liability: To the maximum extent permitted by law, we and our directors, officers, employees, agents, and licensors are not liable for any indirect or consequential losses, or for loss of profit, business opportunity, revenue, or goodwill. Our aggregate liability is limited to the total net amount of fees received from you in the twelve months prior to the incident giving rise to any claim.
Indemnification: You agree to indemnify and hold harmless our team from any claims, liabilities, damages, losses, and expenses, including legal fees, arising from your use of "Email Trader", breach of these Terms, or violation of any law or third-party rights.
Exclusion of Warranties: "Email Trader" is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not guarantee that the service will be error-free, timely, secure, or uninterrupted.
Refusal of Responsibility for Technical Issues: We are not responsible for issues arising from technical failures, high internet traffic, security breaches, or equipment failures related to your use of "Email Trader" or third-party services.
Indemnity for Improper Use: You are responsible for proper and legal use of "Email Trader" and for ensuring compliance with all applicable laws and regulations.
Applicability of Law: Nothing in these Terms of Service shall restrict or exclude any liability that cannot be lawfully limited under applicable law.
6. Intellectual Property Rights and Publications
Intellectual Property Rights Definition: In these Terms of Service, "Intellectual Property Rights" include any and all proprietary rights owned by or licensed to us related to the provision of "Email Trader." This encompasses patents, trademarks, trade secrets, copyrights, software, source code, design rights, algorithms, APIs, derivative works, and all forms of intellectual property rights, existing anywhere in the world.
Acknowledgment of Intellectual Property Rights: You acknowledge that:
• You have no ownership rights over the Intellectual Property Rights related to "Email Trader" or any material used in relation to the service, other than rights specifically granted to you under these Terms of Service.
• All Intellectual Property Rights in "Email Trader" remain with us, and all rights are reserved.
Use of Trademarks: You are permitted to use our trademarks (as may be provided) for personal, non-commercial use in accordance with these Terms of Service. However, you must not register any domain name that incorporates or is confusingly similar to our trademarks, nor operate any social media account or create any application using our trademarks or similar marks without our express prior written consent.
Restrictions on Intellectual Property Use: You are not granted any rights to use our Intellectual Property Rights other than as set out in these Terms of Service. You must not use "Email Trader" for any non-personal, public, or commercial use without our prior written consent. You may not remove or modify any copyright or trademark notices in the service.
Disclaimer of Representations and Warranties: We specifically disclaim any representations and warranties related to our Intellectual Property Rights, including ownership and non-infringement of third-party intellectual property rights. Your use of "Email Trader" is subject to this disclaimer.
Publications and Information: Any reports, data, or other information provided by us, including through "Email Trader," are for informational purposes only and do not constitute an offer, solicitation, or investment advice. We make no representation or warranty as to the impartiality, fairness, accuracy, or completeness of this information.
Liability for Reliance on Information: We accept no liability for any loss or damage resulting from your reliance on information provided by "Email Trader," including any inaccuracies or omissions.
Indemnity for Content and Use: You agree to indemnify and hold us harmless from any claims arising from your improper or illegal use of "Email Trader," breach of these Terms, or violation of any law or third-party rights.
7. Confidentiality
Definition of Confidential Information: For the purposes of these Terms of Service, "Confidential Information" refers to any written or oral information that is confidential, proprietary, or a trade secret, which is identified as confidential at the time of disclosure or would reasonably be considered confidential under the circumstances. This does not include information that is already known by the recipient, publicly known, rightfully received from a third party without breach of confidentiality, or independently developed.
Non-Disclosure Obligation: You agree not to disclose any Confidential Information acquired in the course of using "Email Trader" or any associated accounts. Any unauthorized disclosure of Confidential Information may result in lawful actions to recover and prevent further dissemination of such information.
Our Confidentiality Obligations: We will keep confidential any Confidential Information we receive from you, except where disclosure is permitted:
• In accordance with these Terms of Service, including the Privacy Policy.
• To our affiliates, employees, consultants, officers, directors, and professional advisers, or to any other third party under a duty of confidentiality.
8. General Terms
Entire Agreement: These Terms of Service, along with any addenda, terms, and conditions or documents expressly incorporated herein or referred to, constitute the entire agreement between you and us regarding "Email Trader." In case of any inconsistency, the provisions of these Terms of Service shall prevail unless explicitly stated or agreed otherwise by us.
Terms Effectiveness: These Terms of Service remain in full force and effect upon any access to or use of "Email Trader," and may be amended, varied, or supplemented over time.
No Waiver: Our failure or delay in enforcing any provision of these Terms of Service or exercising any right does not constitute a waiver of our rights or your obligations.
Assignment and Transfer: You may not assign or transfer your rights or obligations under these Terms of Service without our prior written consent. We may assign or transfer any or all of our rights or obligations without your consent or approval.
Force Majeure: We are not liable for any loss or damage arising from events beyond our reasonable control, including natural disasters, pandemics, governmental actions, communication failures, or equipment malfunctions, which may result in suspension of our obligations or cessation of service provision.
Severability: If any provision of these Terms of Service is deemed invalid or unenforceable under applicable law, this does not affect the validity or enforceability of the remaining provisions.
Headings: The headings in these Terms of Service are for reference only and do not affect interpretation.
Language and Translation: These Terms of Service are prepared in English. Any translations provided are for convenience only. In case of inconsistencies, the English version prevails.
9. Governing Law and Dispute Resolution
Governing Law: These Terms of Service and any non-contractual obligations arising out of or in connection with them are governed by and construed in accordance with the laws of the Republic of Mauritius.
Jurisdiction: Subject to the following provisions on arbitration, the courts of the Republic of Mauritius shall have exclusive jurisdiction to settle any dispute arising from or connected with these Terms of Service (a "Dispute"). Each party submits to the exclusive jurisdiction of these courts and waives any objection to the courts of the Republic of Mauritius on the grounds of inconvenience or inappropriateness.
Arbitration Option: We may require that all Disputes or specific Disputes be submitted to arbitration. This requirement will be communicated in writing to you using your registered contact details ("Arbitration Notice"). The arbitration will be conducted under the rules deemed appropriate and agreed upon at the time of the dispute.
Procedure Following Arbitration Notice:
• If court proceedings have already commenced, an Arbitration Notice must be given no later than the date for service of the acknowledgement of service in those proceedings.
• Following the issuance of an Arbitration Notice, the court proceedings shall be stayed, and parties will agree to a consent order to this effect as soon as reasonably practicable.
• Any stay of proceedings will be without prejudice to the date when any claim or defense was raised for the purpose of applying any limitation bar or similar rule.
Arbitration Proceedings:
• If an Arbitration Notice is issued, the arbitration will be conducted in accordance with the agreed arbitration rules.
• The number of arbitrators and the process for their appointment will be as specified in the arbitration rules.
• The seat or legal place of arbitration shall be in the Republic of Mauritius.
• The language used in the arbitral proceedings shall be English.
10. Privacy Policy
Integration and Acknowledgment: This Privacy Policy is an integral part of our Terms of Service. By using "Email Trader," you acknowledge and agree to the terms of this Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must refrain from using "Email Trader."
Data Collection and Usage: "Email Trader" is firmly committed to safeguarding the privacy of our users. We collect specific data to optimize trade automation via "Email Trader," including unique email identifiers and the content of emails marked by specific tags associated with your Gmail account. This collection aims exclusively at detecting and passing validated trade instructions by the user. Notably, the collection of the user's email address serves exclusively for authentication purposes under the OAuth2.0 protocol, and this address is the only piece of personal data stored in the application, aside from the content of alerts noted in received emails. "Email Trader" stores this data locally on the user's device. No data retrieved by our application is stored on any "Email Trader" server, ensuring enhanced privacy and security for our users.
Firebase Data Collection: In addition to the data mentioned above, "Email Trader" uses Firebase and Firestore to track the number of emails received per day for each user. Each user is identified using a unique anonymous identifier generated by RevenueCat, which manages all subscription-related information anonymously. The records of the number of emails are erased daily. Firebase also enables the collection of certain anonymous usage statistics of the application, which helps us improve the service. No personal data is collected or stored in Firebase.
Data Retention and Deletion: "Email Trader" adheres to a strict data retention policy to protect our users' privacy. Information related to duly validated trades and email identifiers is stored locally on the user’s device and is automatically deleted after 3 days to fulfill the service requested by the user efficiently. This ensures that no unnecessary personal or trade-related information is retained beyond this period.
However, the user's email address, used exclusively for authentication purposes under the OAuth2.0 protocol, is treated differently for retention purposes. While trade-related information and email identifiers are subject to automatic deletion after 3 days, the user's email address is retained on the device until the user chooses to deregister from Gmail services via our application or until the application is uninstalled.
Upon the uninstallation of "Email Trader," all data, including the user's email address, stored on the device is permanently erased, ensuring that no personal or trade-related information remains.
In the event of a user's deregistration from Gmail services via our application, the user's email address is specifically and immediately erased from the device. Other data, such as trade-related information and email identifiers that do not contain personal data, may remain on the device until the automatic deletion period is reached or the app is uninstalled.
Data Protection and Privacy Standards: "Email Trader" is designed with a conservative approach regarding personal data privacy, prioritizing the protection and confidentiality of user information and strictly adhering to data protection laws. We align our practices with the highest standards of data privacy and protection, and we hold our third-party service providers, including Apple, Google, and Firebase, to the same level of commitment.
User Consent and Responsibility: By using "Email Trader," you consent to the data practices outlined in this Privacy Policy, including the local processing and storage of email content for trade alerts as described. You are responsible for understanding and agreeing to the terms of data collection and usage as outlined by "Email Trader," which are separate from the operations of third-party service providers like Apple, Google, and Firebase.
Changes to Our Privacy Policy: We reserve the right to modify this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised policy on our website. Your continued use of "Email Trader" indicates your acceptance of any changes to the Privacy Policy.
Contact Us: If you have any questions or concerns about this Privacy Policy, please contact us at emailtrader.app@gmail.com.