Agreement & Disclosures
The following legal agreement applies to the use of the STSBot.com website, STSBot program, or any subsidiaries owned by STSBot.
By use of the website or software you are agreeing to abide by this agreement and contained disclosures herein.
“Licensor” here forth refers to STSBot and any of it’s subsidiaries. “Licensee” refers to the end user of the website or software.
1. LICENSE GRANTED
Subject to the terms and conditions of this Agreement and in consideration of Licensee’s obligation to pay monetary fees for use of software. The parties agree that Licensor shall continue to own all right, title and interest in and to the Software and all intellectual property rights embodied therein or related thereto including, but not limited to, the source and object codes and any customizations, updates and corrections to the Software. Except as expressly provided herein, no intellectual property rights are granted to Licensee by implication or otherwise.
2. SOFTWARE PROVIDED “AS IS”
STSBot is offered as is with no expressed or implied warranties, including financial or legal. Licensor makes no warranties or representations that the Software is free of errors or defects, or that it adequately performs the functions it is intended to perform. Licensee shall test the Software to insure its acceptability for Licensee’s purpose prior to putting the Software in productive use.
3. WARRANTIES OF LICENSEE
Related to customizations, updates and/or corrections of Licensee to the Software, Licensee represents and warrants that:
| (i) | Licensee has all intellectual property rights necessary to produce customizations, updates and/or corrections to the Software; |
| (ii) | Licensee does not infringe the intellectual property rights of any third party; |
| (iii) | Licensee will make any customizations or enhancements to the Software under this Agreement in accordance with industry standards and in a professional and workman-like fashion; |
| (iv) | Following completion of any customizations or enhancements to the Software, such will remain free from material programming errors and defects in workmanship and materials, and will substantially conform to the specifications and any related documentation for ninety (90) days (“Warranty Period”). If material programming errors are discovered during the Warranty Period, Licensee shall promptly remedy such errors at no additional expense to Licensor. |
4. PROPERTY RIGHTS AND RESTRICTIONS ON USE
Licensee recognizes that the Software, and customizations, updates or corrections, if any, are the property of, and all rights thereto, are owned by Licensor. Licensee also acknowledges that such are a trade secret of Licensor, are valuable and confidential to Licensor, and that its use and disclosure must be carefully and continuously controlled.
Title to the Software, and customizations, updates or corrections, if any, shall at all times remain with Licensor.
Licensee shall keep the Software, and customizations, updates and/or corrections, if any, free and clear of any claims, liens and encumbrances attributable to the use or possession of the Software by Licensee. Any act of Licensee, whether voluntarily or involuntarily, purporting to create a claim of encumbrance shall be void.
The Software is for the sole use of Licensee and shall be used only for the purpose set forth in this Agreement.
Licensee shall treat the Software, and customizations, updates and/or corrections, if any, as confidential and proprietary, and shall protect it in the same manner that it protects the confidentiality of its own information. While this Agreement is in effect, or while Licensee has custody and possession of the Software, Licensee will not:
| (i) | provide or make available the Software to any person or entity other than employees of Licensee who have a need to know consistent with Licensee’s use thereof under this Agreement; or |
| (ii) | create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering or otherwise, the source program or any part thereof from the object program or other information made available to Licensee pursuant to this Agreement. |
Licensee agrees to promptly notify Licensor if it obtains information as to any unauthorized possession, use or disclosure of the Software by any person or entity, and further agrees to cooperate with Licensor in protecting Licensor’s proprietary rights.
5. DISCLOSURES
A. STSBot is not directly affiliated with any of the companies mentioned including TDAmeritrade, Paypal, or Google.
B. STSBot is not affiliated with the Securities Exchange Commission (SEC), other exchanges, companies, or any publicly traded stocks.
C. Any funds stored in a TDAmeritrade account are not the financial responsibility of STSBot or it’s subsidiaries.
D. Any trades placed or executed by the STSBot software are not financially protected by STSBot and are the sole responsibility of the appropriate account owner or the individual trader using the software to place trades. Any trades placed or executed by STSBot are considered “manual” trades in the sense that the account holder is authorizing STSBot to place the trades with explicit consent and authorization of the TDAmeritrade account owner. Any state, federal or international taxes owed for trades executed by STSBot are the sole financial and legal responsibility of the TDAmeritrade account holder in the account which the software is placing the trades. STSBot is not responsible financially responsible for any tax implications of trades executed including wash sale trades placed by the software. The licensee using the software is also responsible for following any TDAmeritrade account requirements including day trade, margin, or account balance restrictions for the account being traded. STSBot is not responsible for any improper use of the software provided including exceeding day trading limits, margin account or balance limits by the licensee.
E. Use of the software to place trades on TDAmeritrade account(s) not owned by the individual may be subject to federal and international laws not explicitly mentioned in this agreement.
F. Licensee is fully responsible for any text or data charges that may apply from use of the software. This includes text (SMS) messaging rates charged by the mobile carrier that messages are sent to for alerts and any data charges for use of internet services provided by the licensee’s provider.