Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using Trading Escalator ("the App," "the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you") and Trading Escalator, the owner and operator of Trading Escalator ("we," "us," "our"). We may update these Terms from time to time, and your continued use of the Service following any changes constitutes your acceptance of the revised Terms.

2. Service Description

Trading Escalator is a trading alert escalation and notification management tool. The Service provides:

• Multi-tier alert escalation through push notifications, SMS messages, and phone calls until you acknowledge the alert.
• Customizable escalation rules based on symbol matching, timeframes, alert tiers, direction filters, and trading session windows.
• Integration with thinkorswim and other trading platforms via deep links, allowing you to open your broker's app directly from an alert.
• Webhook-based acknowledgment notifications sent to Discord, Slack, or custom endpoints you configure.
• Analytics including acknowledgment rates, response time metrics, and alert volume by symbol.
• Quiet hours settings to control when escalations are active.

3. Not Financial Advice Disclaimer

This section is critically important. Please read it carefully.

Trading Escalator is a notification relay and management tool. The Service does not:

• Provide investment advice, trading recommendations, or financial guidance.
• Analyze market conditions or suggest trades.
• Guarantee the accuracy, timeliness, or completeness of any alert delivered through the Service.
• Access, manage, or execute transactions in any brokerage or financial account.
• Endorse, recommend, or vouch for any trading signals, strategies, or alert sources that you choose to route through the Service.

The alerts you receive through Trading Escalator originate from external sources that you configure. We are not responsible for the content, accuracy, or reliability of those alerts. Any actions you take based on alerts delivered through the Service — including buying, selling, or holding financial instruments — are entirely at your own risk.

Trading in financial markets involves substantial risk of loss. You may lose some or all of your invested capital. You should not trade with money you cannot afford to lose. Past performance of any trading strategy or alert source is not indicative of future results.

4. Eligibility

You must be at least 18 years of age to use Trading Escalator. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

5. Account Registration

To use Trading Escalator, you must create an account. You agree to:

• Provide accurate, complete, and current information during registration.
• Maintain and promptly update your account information.
• Keep your account credentials secure and confidential.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately at support@tradingescalator.com if you suspect unauthorized access to your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

6. Subscriptions and Billing

6.1 Subscription Plans

Trading Escalator offers subscription plans with varying features and usage limits. Details of available plans, pricing, and included features are displayed within the app and on our website. Pricing is subject to change, but changes will not apply to your current billing period.

6.2 Billing and Payment

Subscriptions are billed through the Apple App Store or Google Play Store, depending on your platform. By subscribing, you authorize the applicable platform to charge the subscription fee to your chosen payment method on a recurring basis (monthly or annually, as selected).

6.3 Automatic Renewal

All paid subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date. Renewal is charged at the then-current subscription rate.

6.4 Cancellation

You may cancel your subscription at any time through your Apple App Store or Google Play Store account settings. Cancellation takes effect at the end of the current billing period — you will retain access to paid features until that date. We do not offer prorated refunds for partial billing periods.

6.5 Refunds

Refund requests are handled by the Apple App Store or Google Play Store in accordance with their respective refund policies. We do not process refunds directly. If you believe you are entitled to a refund, please contact the applicable app store.

6.6 Price Changes

We reserve the right to change subscription pricing. If we increase the price of your plan, we will notify you at least 30 days before the change takes effect, and you will have the opportunity to cancel before being charged at the new rate.

7. Free Tier

Trading Escalator offers a free tier with limited features and usage. Free tier accounts are subject to:

• Usage limits on the number of alerts, escalation tiers, and integrations available.
• Reduced analytics and reporting capabilities.
• Feature restrictions as described within the app.

We reserve the right to modify the features and limits of the free tier at any time. Free tier availability is not guaranteed indefinitely.

8. Acceptable Use

You agree not to use Trading Escalator to:

• Violate any applicable law, regulation, or third-party rights.
• Distribute spam, malicious content, or unsolicited communications through webhook integrations.
• Attempt to gain unauthorized access to the Service, other users' accounts, or our infrastructure.
• Reverse-engineer, decompile, or disassemble any part of the Service.
• Use the Service to transmit false, misleading, or manipulative trading signals.
• Interfere with or disrupt the Service or servers/networks connected to the Service.
• Use automated systems (bots, scrapers) to access the Service in a manner that exceeds reasonable use or is not expressly authorized.
• Resell, sublicense, or commercially redistribute the Service without our written consent.

9. Third-Party Integrations

Trading Escalator allows you to configure integrations with third-party services, including:

• Broker Deep Links: Links that open trading platforms (e.g., thinkorswim) directly from an alert. These are standard URL links — Trading Escalator does not access or interface with your brokerage account in any way.
• Webhook Endpoints: URLs where the Service sends acknowledgment data (e.g., Discord, Slack, or custom servers you control).

You are solely responsible for the configuration, security, and operation of any third-party integrations. We are not liable for any data loss, unauthorized access, or other issues arising from your use of third-party services.

10. Intellectual Property

All content, features, functionality, and technology of Trading Escalator — including but not limited to the app design, user interface, code, graphics, logos, and trademarks — are the exclusive property of Trading Escalator and are protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose in accordance with these Terms. This license does not grant you any rights to our intellectual property beyond what is necessary to use the Service.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the fullest extent permitted by applicable law, we disclaim all warranties including, but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties that the Service will be uninterrupted, timely, secure, or error-free.
• Warranties regarding the accuracy, reliability, or completeness of any alerts, notifications, or data delivered through the Service.
• Warranties that delivery of SMS messages, phone calls, or push notifications will occur within any specific timeframe.

You acknowledge that notification delivery depends on third-party telecommunications networks, internet connectivity, and device settings, all of which are outside of our control. We do not guarantee that any alert or escalation will be delivered successfully or within a specific time.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRADE ESCALATOR, DEVIN BRAXTON, OR ANY AFFILIATES BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages.
• Any loss of profits, revenue, data, goodwill, or other intangible losses.
• Any financial losses resulting from trading decisions made based on alerts delivered (or not delivered) through the Service.
• Any damages arising from missed, delayed, or undelivered notifications regardless of the cause.
• Any damages arising from unauthorized access to or alteration of your data or transmissions.

Our total aggregate liability for all claims arising out of or related to these Terms or the Service shall not exceed the greater of (a) the amount you paid us in subscription fees during the twelve (12) months immediately preceding the claim, or (b) fifty U.S. dollars ($50.00).

13. Indemnification

You agree to indemnify, defend, and hold harmless Trading Escalator, Trading Escalator, and any affiliates, officers, agents, or partners from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or third-party rights.
• Trading decisions you make based on alerts received through the Service.
• Data you transmit through webhook integrations or other configured endpoints.

14. Termination

You may terminate your account at any time by deleting it through the in-app settings or by contacting support@tradingescalator.com.

We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms, is harmful to other users, or is otherwise objectionable. Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination will survive, including Sections 3, 11, 12, 13, and 15.

15. Dispute Resolution

15.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us at support@tradingescalator.com and attempt to resolve the dispute informally for at least 30 days.

15.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the United States and the state in which Trading Escalator resides, without regard to its conflict of law principles.

15.3 Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English. Judgment on the arbitration award may be entered in any court having jurisdiction.

15.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Trading Escalator.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and notify you through the app or via email. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the changes. If you do not agree with the revised Terms, you must stop using the Service and cancel your subscription.

17. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Trading Escalator regarding the Service.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to natural disasters, telecommunications failures, government actions, or third-party service outages.

18. Contact Us

If you have questions or concerns about these Terms, please contact us:

• Email: support@tradingescalator.com
• Owner: Trading Escalator