Terms of Service

These Terms of Service (the "Terms") form a binding agreement between you and the operator of TradingView Optimizer ("we," "us," or "our"), a sole proprietorship based in the State of Texas, United States. They govern your access to and use of our website at tradingviewoptimizer.com, the TradingView Optimizer desktop application, and any related services (collectively, the "Services").

By creating an account, subscribing to a plan, downloading the desktop application, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility and geographic scope

You must be at least 18 years old and capable of forming a binding contract to use the Services. The Services are offered solely to residents of the United States. By using the Services, you represent that you are a United States resident and that your use complies with all laws applicable to you.

We do not market the Services to, and do not intend to serve, residents of the European Economic Area, the United Kingdom, or any other jurisdiction where such offering would require registration, licensure, or additional consumer-protection obligations we have not undertaken. We reserve the right to refuse or terminate service to any user at any time.

2. Accounts

Some features of the Services require you to create an account. Account authentication is handled through our identity provider; see our Privacy Policy for details on what is collected.

You agree to:

• Provide accurate and current information when you register;
• Keep your credentials confidential and not share them with any other person;
• Be responsible for all activity that occurs under your account; and
• Notify us promptly at [email protected] if you suspect unauthorized use of your account.

You may use the Services only for yourself. You may not transfer, sell, or assign your account to anyone else.

3. The desktop application: license grant

Subject to your compliance with these Terms and (for paid features) your active subscription, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and run the TradingView Optimizer desktop application (the "Software") on devices that you own or control, solely for your personal use in connection with your own TradingView account.

Telemetry and consent are conditions of the license. Your license is conditioned on (a) the Software's transmission of anonymous product telemetry to us, as described in our Privacy Policy, and (b) your acceptance of these Terms and our Privacy Policy within the Software on first launch and on any subsequent update to either document. If you do not accept, or if the Software is prevented from sending telemetry, you do not have the right to run the Software.

This license is also expressly conditioned on you not:

• Copying, modifying, translating, or creating derivative works of the Software;
• Reverse engineering, decompiling, or disassembling the Software, except to the extent such restriction is prohibited by applicable law;
• Renting, leasing, lending, selling, sublicensing, or distributing the Software to any third party;
• Removing or altering any proprietary notices or labels in the Software;
• Using the Software to build a competing product or service; or
• Using the Software in any manner that violates these Terms or applicable law.

The Software is licensed, not sold. We retain all right, title, and interest in and to the Software and the Services, including all related intellectual property.

4. Subscriptions, billing, and automatic renewal

Running parameter optimizations requires an active subscription. We currently offer monthly and annual plans at the prices shown on our pricing page. Prices are in U.S. dollars and exclude any taxes that may apply.

Payment processor. All payments are processed by Stripe, Inc. ("Stripe"). We do not receive or store your full payment-card details. By subscribing, you also agree to Stripe's Services Agreement.

Automatic renewal. Subscriptions renew automatically at the end of each billing period (monthly or annual, as selected) at the then-current published price, using the payment method on file, until you cancel. You authorize us and Stripe to charge your payment method for each renewal.

Cancellation. You can cancel at any time from your dashboard or through the Stripe billing portal. If you cancel, your subscription remains active through the end of the current billing period and will not renew thereafter. No refunds or credits will be issued for the unused portion of any billing period. See our Refund Policy for full details.

Price changes. We may change subscription prices for future billing periods. We will give you at least 30 days' advance notice of any price increase by email or in-product notice. If you do not accept the change, you may cancel before it takes effect.

Failed payments. If a renewal payment fails, we may suspend or terminate your access until payment is brought current. Stripe may attempt to retry failed charges in accordance with its standard practices.

5. Free trial

We may offer a free trial to new users. During the trial, you have access to the Services without charge. Trials are limited to one per person. We reserve the right to modify or discontinue trial offers and to determine eligibility in our sole discretion. If you do not subscribe before the trial ends, your access to paid features will stop; your account data is preserved so you can resume later by subscribing.

6. Acceptable use

You agree not to, and not to permit any third party to:

• Use the Services to violate any law, regulation, or third-party right;
• Use the Services in a manner that violates TradingView's terms of service or other applicable third-party terms;
• Interfere with, disrupt, or circumvent any security, rate-limiting, or access-control mechanism of the Services or of any third-party service the Software interacts with;
• Attempt to gain unauthorized access to any account, system, or network;
• Use the Services to transmit malware, viruses, or other harmful code;
• Share a single account or subscription among multiple people; or
• Scrape, mirror, or resell the Services or any output produced by the Services in a commercial product.

We may, but are not obligated to, investigate suspected violations and suspend or terminate access without notice where we reasonably believe a violation has occurred.

7. Your content and data

The Software stores your strategy parameters, backtest results, sweep configurations, and related data in a local database on your computer. We do not receive, store, or back up this local data. You are solely responsible for maintaining backups of your local data. Loss of local data (for any reason, including device failure) is not our responsibility.

You retain all ownership of your strategies, parameters, and results. You grant us only the rights required to provide the Services to you (for example, transmitting your account email to our authentication provider).

8. Third-party services

The Services interact with third-party systems, including TradingView (through automated browser sessions initiated by you on your own device), Stripe (for payments), our authentication provider, and Cloudflare (for hosting and storage of limited account metadata). We are not responsible for the availability, content, or practices of these third-party services, and your use of them is subject to their own terms and privacy policies.

9. Intellectual property

The Services, the Software, our logos, and all associated content (other than your own data) are owned by us or our licensors and are protected by United States and international intellectual-property laws. Except for the limited license in Section 3, these Terms grant you no right, title, or interest in the Services.

If you send us feedback or suggestions, you grant us a perpetual, worldwide, royalty-free license to use that feedback for any purpose without obligation to you.

10. Disclaimers

THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE SERVICES OR ANY DATA PRODUCED BY THEM WILL BE ACCURATE, COMPLETE, OR RELIABLE. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, our warranties are limited to the minimum extent permitted by law.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, TRADING LOSSES, DATA, OR GOODWILL, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; in those jurisdictions, the limitations in this Section apply to the fullest extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use or misuse of the Services, (b) your violation of these Terms, (c) your violation of any third-party right, including TradingView's terms of service, or (d) trading decisions you make based on output from the Services.

13. Termination

You may terminate these Terms at any time by canceling your subscription and discontinuing use of the Services. We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or if we cease to offer the Services.

On termination: your license to use the Software ends; you must stop using and uninstall the Software; and the following Sections survive: Sections 7, 9, 10, 11, 12, 14, and 15.

14. Governing law and dispute resolution

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Venue. You and we agree that the exclusive venue for any dispute that is not required to be arbitrated (see below) shall be the state or federal courts located in Travis County, Texas, and you and we each consent to the personal jurisdiction of those courts.

Informal resolution first. Before filing any claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

Class-action waiver. To the fullest extent permitted by law, you and we each waive any right to bring or participate in a class, collective, or representative action against the other. Disputes must be brought in an individual capacity only.

15. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will give you reasonable notice (for example, by email to the address on your account or by in-product notice) before the change takes effect. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance. If you do not agree, you must stop using the Services and cancel your subscription.

16. Miscellaneous

These Terms, together with our Privacy Policy, Refund Policy, and Trading Disclaimer, are the entire agreement between you and us regarding the Services and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates any agency, partnership, or joint venture between you and us.

17. Contact

Legal notices and questions about these Terms: [email protected]. General support: [email protected].