The short version. These are the rules for using Quanify. Please read them in full, because they limit our liability and require most disputes to be resolved in individual arbitration.
- Quanify is software. We are not a broker, adviser or commodity trading advisor, we never hold your money, and nothing we show you is advice.
- Automated and copied trading can fail. Orders can be missed, duplicated, delayed, partially filled or sized wrong because of bugs, outages, brokers, data feeds, TradingView or your own settings. You accept that risk and you are responsible for every order on your accounts, so watch your positions and keep risk limits at your broker.
- Backtests, forward tests and paper results are hypothetical. They are not real trades and do not predict your results.
- Market data on our charts comes from third-party providers, may be delayed or wrong, and is licensed to you only for personal viewing inside Quanify. Do not copy, record, scrape or redistribute it.
- If you trade prop firm accounts, following that firm's rules is your job. Many firms restrict automation and copy trading.
- Plans renew monthly until you cancel. All fees are non-refundable, and once you use the Services after paying you cannot get a refund. Cancelling stops the next renewal; you keep access until the end of the period you paid for.
- A chargeback on a valid charge breaches these terms. We may suspend your account, and you still owe the fees and our dispute costs.
- Our total liability to you is capped at the greater of what you paid us in the one month before the event or US $50. We are not liable for trading losses.
- Disputes go to binding individual arbitration under AAA consumer rules, with no class actions and no jury. You can opt out within 30 days by emailing [email protected].
This summary is for convenience only. It is not a substitute for the full terms.
1. Agreement and acceptance
These Terms of Service (the "Terms") are a binding agreement between you and Quanify LLC, an Arizona limited liability company ("Quanify," "we," "us" or "our"). They govern your access to and use of quanify.pro, trade.quanify.pro, chart.quanify.pro and every other website, subdomain, application programming interface, webhook endpoint, desktop application and mobile application we operate, together with all software, features, strategies, data, content and support we provide through them (together, the "Services").
Our Privacy Policy and our Risk Disclosure are incorporated into these Terms by reference. Any additional terms we show you for a specific feature, promotion or program (for example, partner program terms) also apply to that feature, promotion or program and are part of these Terms. If an additional term conflicts with these Terms, the additional term controls only for that feature, promotion or program.
How you accept
You accept these Terms by ticking the box that states you agree to the Terms of Service, the Privacy Policy and the Risk Disclosure, whether that box appears on the sign-up form or on the agreement screen shown before the trading workspace opens, and by completing a purchase at checkout where we state that by subscribing you agree to these documents. You also accept these Terms by accessing or using the Services. We keep an electronic record of each acceptance, including the date and time, the version of the documents you accepted, your IP address and your browser's user agent. When you open the Quanify Chart, we also ask you to accept a risk and market data notice, and we record each acceptance with your user ID, the notice version, the date and time and a one-way hash of your IP address. You agree that these records are evidence of your acceptance and that your electronic acceptance has the same effect as a handwritten signature.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES. SECTION 28 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS THAT AFFECT YOUR LEGAL RIGHTS, UNLESS YOU OPT OUT AS DESCRIBED THERE.
If you use the Services on behalf of a company or other entity, you represent that you are authorized to bind that entity, and "you" includes that entity.
2. Changes to these Terms
We may change these Terms from time to time. When we do, we will post the updated Terms on this page with a new effective date. If a change is material, we will also give you reasonable advance notice, for example by email to the address on your account, by a notice in the Services, or by asking you to accept the updated Terms on the agreement screen. Unless we say otherwise, material changes take effect on the later of the posted effective date or 14 days after we give notice. Changes needed for legal reasons or to address a security risk may take effect immediately.
Your continued use of the Services after a change takes effect means you accept the updated Terms. If you do not agree to a change, you must stop using the Services and cancel your subscription before it takes effect. Changes to Section 28 will not apply to any dispute that you notified us about before the change took effect, and we will not use a change to remove your right to opt out of arbitration within 30 days of first accepting an arbitration agreement with us.
3. Eligibility
To use the Services, you represent and warrant that:
- you are at least 18 years old and have the legal capacity to enter into a binding contract;
- you are not located in, organized in, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions or embargoes, and you are not on, or owned or controlled by anyone on, any U.S. government restricted-party list, including the Specially Designated Nationals list maintained by the Office of Foreign Assets Control;
- you will not use, export or re-export the Services in violation of U.S. export control or sanctions laws;
- you are legally permitted to trade the instruments you trade through the Services, in the jurisdiction where you live and with the brokers you use; and
- we have not previously suspended or terminated your access to the Services.
The Services are not directed to anyone under 18. The Services are intended for users located in the United States; we make no representation that they are appropriate, lawful or available elsewhere, and anyone who uses them from outside the United States does so on their own initiative and is responsible for complying with local law. We may refuse, suspend or close any account if we believe these conditions are not met.
4. The Services
Quanify is software provided as a service that connects to futures brokerage accounts that you own or control and automates the routing of orders to those accounts according to settings you choose. Depending on your plan, the Services may include:
- Copy Trader, which mirrors the position changes of one "leader" account to one or more "follower" accounts that you own or control, using a whole-number multiplier you set for each follower, together with the Cockpit dashboard;
- Automation, which receives webhook alerts that you configure, for example in TradingView, and routes orders to the accounts you link to a strategy while that strategy is armed;
- Quanify Strategies on the Premium plan, which are strategies authored by Quanify and displayed with backtested and forward-test results, and which you may choose to add and route to your own accounts;
- member-created strategies, which are webhook strategies you create and configure yourself;
- paper accounts, which record simulated fills and never send orders to a broker; and
- charting tools, including the Quanify Chart, which display third-party market data with drawing tools, timeframes, chart settings and a view of your linked accounts, positions and traders (see Section 16);
- workspace tools such as live profit-and-loss ("P&L") displays, flatten and mute controls, fill alerts and sounds, trade logs, shareable P&L image cards, an economic calendar, a read-only mobile app and optional Discord account linking.
Quanify never holds, receives or has custody of your funds or securities, does not maintain brokerage accounts for you, and does not execute trades on any exchange. Orders are sent to your broker through your broker's interfaces using credentials or authorization tokens that you provide, and your broker decides whether and how to accept, execute, modify or reject them. We may add, change, limit or remove features, supported brokers, instruments or plans at any time, and we do not promise that any particular feature, broker or integration will remain available.
5. Not a broker, adviser or fiduciary
QUANIFY IS A TECHNOLOGY PROVIDER ONLY. QUANIFY IS NOT A BROKER-DEALER, FUTURES COMMISSION MERCHANT, INTRODUCING BROKER, COMMODITY TRADING ADVISOR, COMMODITY POOL OPERATOR, INVESTMENT ADVISER OR FINANCIAL PLANNER, AND IS NOT REGISTERED WITH THE COMMODITY FUTURES TRADING COMMISSION, THE NATIONAL FUTURES ASSOCIATION, THE SECURITIES AND EXCHANGE COMMISSION OR ANY STATE OR FOREIGN REGULATOR IN ANY SUCH CAPACITY.
- Nothing in the Services, including any strategy, signal, statistic, chart, calendar item, email, Discord message, video or support response, is investment, trading, financial, legal, tax or accounting advice, or a recommendation or solicitation to buy, sell or hold any futures contract or other instrument.
- Quanify Strategies and any other strategies or content we publish are general and impersonal. They are the same for every member and are not tailored to your financial situation, objectives, experience, risk tolerance or account size. We do not know, and do not consider, your individual circumstances.
- You alone decide whether to use the Services, which strategies to add, which accounts to link, which multipliers and settings to use, and when to arm, disarm, mute or flatten. Every order routed through the Services results from a configuration you chose and controls you have the power to change or turn off at any time.
- We do not manage accounts, do not exercise discretion over your trading, and do not owe you any fiduciary duty or any duty of care beyond what these Terms expressly state.
- You should consult a registered professional of your choosing before making trading decisions.
6. Backtested, forward-test and hypothetical results
The Services may display backtested results (generated by applying a strategy's rules to historical data), forward-test results (simulated fills recorded from live signals without any real brokerage order), paper account results, and other statistics. THESE RESULTS ARE HYPOTHETICAL. THEY DO NOT REPRESENT ACTUAL TRADING, WERE NOT ACHIEVED IN ANY REAL BROKERAGE ACCOUNT, AND MAY NOT REFLECT COMMISSIONS, FEES, SLIPPAGE, LATENCY, LIQUIDITY, PARTIAL FILLS, REJECTED ORDERS OR THE IMPACT OF LIVE MARKET CONDITIONS. PAST PERFORMANCE, WHETHER ACTUAL OR HYPOTHETICAL, IS NOT INDICATIVE OF FUTURE RESULTS. NO REPRESENTATION IS MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
Hypothetical results have inherent limitations, including the benefit of hindsight, and strategies may be changed, paused or retired at any time. The full hypothetical performance disclosure required by CFTC Rule 4.41 is set out in our Risk Disclosure and applies to every performance figure shown anywhere in the Services.
P&L, balance and position figures shown in the workspace are estimates calculated from broker data and third-party market data and may be delayed, incomplete or wrong. Your broker's statements and records are the only authoritative record of your positions, fills, balances and results.
7. Broker connections and your authorization
To route orders, you must connect one or more brokerage accounts by authorizing Quanify through your broker's sign-in (for example, OAuth) or by supplying credentials or tokens your broker issues. By connecting an account, you:
- represent that you own the account or are legally authorized to control it and to grant us this access, and that doing so does not breach any agreement with your broker or any prop firm;
- authorize Quanify to read account information (such as account identifiers, balances, positions, orders, fills and P&L) and to transmit, modify, cancel and flatten orders on the account in accordance with your settings and the actions you take in the Services;
- agree that every order we transmit in accordance with your configuration, your webhooks, your leader account's activity or your manual actions is an order you authorized, even if you did not individually review or approve it; and
- acknowledge that your relationship with your broker is governed solely by your agreement with that broker, and that we are not a party to it.
You may revoke our access at any time by disconnecting the account in the Services or revoking authorization at your broker. Revocation stops future orders but does not cancel orders already sent, and you remain responsible for any open positions and working orders on your accounts.
8. Your trading responsibilities
You are solely responsible for every order placed, modified, cancelled or filled on your accounts through or in connection with the Services, and for all resulting positions, gains, losses, fees, margin calls and deficits. In particular, you agree that you will:
- actively monitor your accounts, positions and working orders at all times while any strategy is armed or any copy relationship is active, and not rely on the Services as your only means of knowing your positions;
- maintain independent risk controls at your broker, such as daily loss limits, position limits and protective orders, and not rely on any Quanify risk setting as your only safeguard;
- verify every fill and position against your broker's records promptly, and immediately correct any discrepancy directly at your broker;
- check your strategy settings, symbols, contract months, quantities, multipliers, linked accounts, webhook messages and arm state before and after every change;
- keep enough margin and funds in every linked account for every position the Services could open, including the combined effect of multipliers and multiple strategies;
- know how to flatten positions and cancel orders directly at your broker, without Quanify, in case the Services are unavailable;
- keep your credentials, webhook URLs, webhook tokens and passwords secret; and
- comply with all laws, exchange rules and broker rules that apply to your trading.
Trading futures involves substantial risk of loss, including losses larger than the funds in your account. Please read the Risk Disclosure carefully before using the Services.
9. Prop firm accounts
Quanify is not affiliated with, endorsed by or sponsored by any proprietary trading firm or evaluation program, including Apex Trader Funding, Topstep, Lucid Trading, Take Profit Trader or any other firm, or by any broker, exchange or TradingView. Any firm names mentioned in the Services are used only to describe compatibility.
Many prop firms prohibit or restrict automated trading, trade copiers, copying between accounts, trading the same strategy across multiple accounts, hedging between accounts, or the use of third-party software. You are solely responsible for reading, understanding and complying with the rules of every prop firm whose accounts you connect. We do not monitor or enforce prop firm rules, and we make no representation that any use of the Services is permitted by any firm. Quanify is not responsible for any failed evaluation, reset, rule violation, profit forfeiture, payout denial, account closure or other action a prop firm takes, whether or not it relates to the Services.
10. Automation, copy trading and execution risk
Automated and copied trading depends on many systems working together, most of which we do not control, and it can fail in ways that cause real financial loss. By using the Services you expressly acknowledge, understand and accept the following.
YOU ASSUME ALL RISK OF LOSS ARISING FROM YOUR USE OF THE SERVICES. WITHOUT LIMITING SECTIONS 25 AND 26, QUANIFY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, FEE OR MISSED OPPORTUNITY ARISING FROM OR RELATED TO ANY OF THE FOLLOWING, WHATEVER THE CAUSE, INCLUDING OUR OWN NEGLIGENCE, SOFTWARE ERRORS OR BUGS:
- SYSTEM ERRORS, BUGS, DEFECTS, OUTAGES, MAINTENANCE, DOWNTIME, SLOWDOWNS OR DATA LOSS IN THE SERVICES OR OUR HOSTING, DATABASE OR NETWORK PROVIDERS;
- LATENCY OR DELAY IN RECEIVING SIGNALS, PROCESSING SIGNALS, TRANSMITTING ORDERS OR RECEIVING FILLS, AND ANY RESULTING DIFFERENCE IN PRICE (SLIPPAGE);
- ORDERS THAT ARE MISSED, NOT SENT, SENT MORE THAN ONCE, DUPLICATED, PARTIALLY FILLED, SENT FOR THE WRONG SYMBOL, CONTRACT, SIDE OR QUANTITY, MIS-SIZED, SENT LATE, NOT CANCELLED, OR OTHERWISE INCORRECT;
- DIFFERENCES BETWEEN A LEADER ACCOUNT AND ANY FOLLOWER ACCOUNT, INCLUDING DIFFERENT ENTRY OR EXIT PRICES, TIMING, QUANTITIES, FILLS, WORKING ORDERS OR POSITIONS, AND FOLLOWER ACCOUNTS THAT FALL OUT OF SYNC;
- WEBHOOK ALERTS THAT ARE NOT SENT, NOT DELIVERED, DELAYED, DUPLICATED, MALFORMED, REJECTED OR MISINTERPRETED, INCLUDING FAILURES OF TRADINGVIEW OR ANY OTHER ALERT SOURCE;
- ACTS, OMISSIONS, OUTAGES, API CHANGES, RATE LIMITS, REJECTIONS, RISK CHECKS, LIQUIDATIONS OR ERRORS OF ANY BROKER, FUTURES COMMISSION MERCHANT, CLEARING FIRM, EXCHANGE, PROP FIRM, MARKET DATA PROVIDER, TRADINGVIEW OR OTHER THIRD PARTY;
- INACCURATE, DELAYED OR MISSING MARKET DATA, P&L, BALANCE OR POSITION FIGURES, OR ALERTS AND SOUNDS THAT DO NOT FIRE;
- FLATTEN, MUTE, DISARM OR CANCEL ACTIONS THAT DO NOT COMPLETE, COMPLETE LATE OR ONLY PARTLY COMPLETE;
- YOUR OWN SETTINGS, MISTAKES OR MISCONFIGURATION, INCLUDING WRONG SYMBOLS, MULTIPLIERS, LINKED ACCOUNTS OR WEBHOOK MESSAGES, LEAVING A STRATEGY ARMED, OR FAILING TO MONITOR YOUR ACCOUNTS;
- UNAUTHORIZED USE OF YOUR ACCOUNT, CREDENTIALS, WEBHOOK URLS OR TOKENS; AND
- INTERNET, POWER, DEVICE OR TELECOMMUNICATIONS FAILURES, CYBERATTACKS, AND MARKET EVENTS SUCH AS GAPS, HALTS, LIMIT MOVES OR ILLIQUIDITY.
We have no obligation to reverse, correct, replace or compensate you for any order or position, and any correction we choose to attempt is a courtesy that creates no obligation. You agree that the risk allocation in this Section is a fundamental part of the bargain between you and Quanify and is reflected in our prices, and that we would not offer the Services without it.
11. Your account and security
You must provide accurate, current and complete information when you create an account and keep it up to date. Each account may be used by only one individual, even where it is held on behalf of an entity. You may not share your account, sell it or transfer it, or let anyone else access it.
You are responsible for keeping your password, sign-in methods, broker authorizations, webhook URLs, webhook tokens and passwords confidential, and for all activity that occurs under your account or through your webhooks, whether or not you authorized it. Anyone who has your webhook URL and token may be able to trigger orders on your linked accounts. Notify us immediately at [email protected] if you suspect unauthorized access, and rotate your credentials and tokens. We may require you to change credentials, and we may suspend access or disarm strategies if we suspect a security issue, but we are not obligated to do so.
12. Plans, billing and automatic renewal
Plans and prices
Paid plans currently include Copy Trader, Automation and Premium. The features, price and billing period of each plan are shown on our pricing page and at checkout. Payments are processed by Stripe, and your payment information is held by Stripe, not by Quanify. You authorize us and Stripe to charge the payment method you provide for all fees and applicable taxes.
Automatic renewal
YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD (CURRENTLY MONTHLY), AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT PRICE FOR YOUR PLAN, PLUS APPLICABLE TAXES, UNTIL YOU CANCEL. You can cancel at any time in the Services through Settings > Billing, which opens the Stripe customer portal, or by emailing [email protected]. Cancellation takes effect at the end of the current billing period, and you keep access until then. To avoid being charged for the next period, you must cancel before it begins.
Price changes
We may change plan prices. We will give you notice of any price increase before it applies to you, and the new price will apply from your next billing period after the notice period. If you do not want to pay the new price, you may cancel before it takes effect.
Failed payments
If a payment fails, we or Stripe may retry the charge, and we may suspend or downgrade your access until the balance is paid. Strategies and copy relationships may stop routing while access is suspended, and you are responsible for any positions left open.
When your plan ends
When your plan ends, whether because you cancelled, a payment finally failed or a granted plan was withdrawn, we turn off your traders and copy relationships. Do not rely on this to stop trading: turn them off yourself before your plan ends. Turning them off does not close open positions or cancel working orders, which stay at your broker and remain your responsibility.
Promotions, guest checkout and granted plans
Promotion codes and discounts are subject to any conditions stated with them, have no cash value, may not be combined unless we say so, and may be withdrawn at any time. If you check out without signing in, we create an account for the email address you give Stripe, and these Terms apply to that account. Any plan we grant or extend manually, including complimentary or trial access, may be changed or withdrawn at any time.
Taxes
Prices do not include taxes unless stated. You are responsible for all taxes associated with your purchase, other than taxes on our net income.
13. No refunds, cancellation and chargebacks
ALL FEES ARE NON-REFUNDABLE, EXCEPT WHERE A REFUND IS REQUIRED BY APPLICABLE LAW THAT CANNOT BE WAIVED. Specifically:
- Use ends refund eligibility. The Services are digital and are delivered immediately. If you use the Services in any way after a purchase, including signing in, connecting a broker, linking or arming a strategy, adding a Quanify Strategy, creating a copy relationship, or receiving any data, signal, fill or result, you are not eligible for any refund of that purchase, regardless of the reason, including dissatisfaction, trading results, outages, bugs, or failure to use the Services.
- No prorated refunds. We do not give refunds or credits for partial billing periods, unused time, cancellation, downgrades, suspension or termination.
- Courtesy refunds create no obligation. We may, in our sole discretion, grant a refund or credit as a one-time courtesy. Doing so does not create any obligation to do so again for you or anyone else and does not waive this Section.
Chargebacks and payment disputes
If you believe you were charged in error, contact us first at [email protected] so we can look into it. Filing a chargeback or payment dispute for a charge that was authorized under these Terms is a material breach of these Terms. If you do, we may immediately suspend or terminate your account and disarm your strategies and copy relationships, and you remain responsible for the disputed amount, all other fees owed, and the fees and costs we incur because of the dispute, including payment processor dispute fees and reasonable collection costs. We may submit evidence of your use of the Services and your acceptance of these Terms to the payment processor. Nothing in this Section limits any right you have under applicable law or your card network's rules to dispute a charge that was unauthorized or made in error.
14. Acceptable use
You agree not to, and not to help or allow anyone else to:
- copy, modify, translate, create derivative works from, decompile, disassemble or reverse engineer any part of the Services, or attempt to discover source code, algorithms or the logic of any Quanify Strategy, except to the extent the law expressly permits despite this restriction;
- resell, sublicense, rent, lease, share or provide the Services, your account, or any Quanify Strategy or signal to anyone else, or use the Services to run a signal, copy-trading, account-management or "pay-to-pass" service for others;
- connect or copy to any brokerage account that you do not own or are not legally authorized to control, or use the Services to trade for or advise any other person;
- use the Services to engage in spoofing, layering, wash trading, front-running, manipulative or disruptive trading, or any other conduct that violates the Commodity Exchange Act, CFTC or NFA rules, exchange rules, or any other law;
- use the Services in a way that violates your broker's terms or any prop firm's rules;
- access or attempt to access another user's account or data, or any part of the Services you are not authorized to use;
- probe, scan or test the vulnerability of the Services, or bypass any security, rate limit, plan restriction or access control;
- send excessive, automated or malformed requests or webhooks, or otherwise interfere with, overload or disrupt the Services, our infrastructure or other users;
- scrape, crawl or harvest data from the Services, or use the Services to build a competing product;
- use Market Data in any way Section 16 does not permit;
- upload or transmit malware or any unlawful, infringing, deceptive, harassing or harmful content;
- impersonate anyone, misrepresent your affiliation with anyone, or misrepresent your results or your relationship with Quanify; or
- use the Services in violation of sanctions, export control or any other applicable law.
We may investigate suspected violations, cooperate with law enforcement, brokers and regulators, and take any action we consider appropriate, including removing content, disarming strategies and suspending or terminating accounts.
15. Third-party services
The Services rely on and connect to services we do not own or control, including brokers such as Tradovate, TradingView, Stripe, Discord, Google and Apple sign-in, our hosting and email providers, and third-party market data and economic calendar providers ("Third-Party Services"). Your use of each Third-Party Service is governed by its own terms and privacy policy, which you are responsible for reviewing and following. We do not endorse, and are not responsible or liable for, any Third-Party Service, including its availability, accuracy, security, data, fees, or acts or omissions. A Third-Party Service may change or stop working with the Services at any time, and we have no liability if that happens. Market Data is also subject to Section 16.
Mobile apps
If you download our mobile app from the Apple App Store, you acknowledge that these Terms are between you and Quanify only, not Apple Inc. ("Apple"); that Apple has no obligation to provide maintenance or support for the app; that, to the maximum extent permitted by law, Apple has no warranty obligation for the app other than, where applicable, refunding its purchase price (if any) if the app fails to conform to an applicable warranty; that Apple is not responsible for addressing any claims relating to the app, including product liability, legal or regulatory compliance and consumer protection claims; that Apple is not responsible for the investigation, defense, settlement or discharge of any claim that the app infringes a third party's intellectual property rights; and that Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you as they relate to the app. You must also comply with the App Store's usage rules.
16. Charting tools and market data
The Services include charting tools, including the Quanify Chart at chart.quanify.pro, that display futures prices and other market data supplied to Quanify by third-party data providers ("Market Data"). The charting tools may include drawing and measurement tools, timeframes, indicators, price and P&L readouts, chart settings, views of your linked accounts, positions and traders, and a switch that turns a trader on or off (together, "Charting Tools"). This Section applies to Market Data wherever it appears in the Services.
Your licence to Market Data
Market Data belongs to the providers that supply it and to their licensors, such as exchanges. It is licensed to you, not sold. While your access lasts and subject to these Terms, you may view Market Data on screen inside the Services for your own personal, non-commercial use, which includes using it to inform trading in accounts you own or control. No other right is granted. Your licence ends automatically when your access ends or when our right to supply that Market Data ends.
No warranty and no reliance
MARKET DATA AND CHARTING TOOLS ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER QUANIFY NOR ANY MARKET DATA PROVIDER WARRANTS THAT MARKET DATA IS ACCURATE, COMPLETE, TIMELY, IN SEQUENCE OR AVAILABLE. Market Data may be delayed, interrupted, incomplete, revised after the fact or wrong. A chart may show gaps, stale prices, prices that did not trade at your broker, or bars that differ from your broker's or the exchange's. Market Data shown in the Services is not an official record of any price, trade or settlement. Do not rely on it to execute, time, value, settle or reconcile any trade, or for margin, tax or accounting purposes. Your broker and the exchange of record are the only authoritative sources.
What you may not do with Market Data
Apart from viewing it on screen as permitted above, you must not, and must not help or allow anyone else to:
- copy, export, download or otherwise extract Market Data, including by screen recording, screen scraping, automated screenshots or any other capture, in order to store, share or redistribute it;
- cache, store, archive or build a database of Market Data outside the Services;
- use bots, scripts, crawlers, browser extensions, headless browsers or any other automated means to request, pull or capture Market Data, or call our market data endpoints other than through the Quanify interface;
- reverse engineer, decompile, intercept or tamper with the Market Data feed, its delivery protocol or the related application programming interfaces, or get around any metering, rate limit, inactivity pause or access control;
- share your sign-in or session, or let anyone else view or use Market Data through your account;
- display Market Data to any third party, including in broadcasts, live streams, videos, websites, apps, social media, Discord servers, trading rooms or public places;
- use Market Data to build, train, test or benchmark any dataset, database, index, trading model, machine-learning or artificial-intelligence model, or other product; or
- sell, sublicense, rent, publish, transmit or redistribute Market Data, or data derived from it, in any form.
This list does not restrict P&L Cards that you create and share as Section 21 permits. A breach of this Section is a material breach of these Terms.
Provider rights and pass-through terms
Market Data providers and their licensors keep all rights in Market Data. If a provider requires us to pass additional terms on to you, for example about permitted use, professional or non-professional status, or exchange fees, we will show those terms to you in the Services or post them, and they will form part of these Terms. A provider may require us to change, limit or stop supplying Market Data, for some instruments or all of them, and we may do so at any time without liability to you.
Monitoring and enforcement
To protect Market Data and enforce this Section, we may meter, rate-limit, watermark, log and monitor access to Market Data, including which instruments you request, when, how often and from which network address, and we may pause a live feed after a period of inactivity. If we suspect a breach of this Section, we may suspend or end your access to Market Data or to the Services without notice, and we may give the affected provider the information it needs to protect its rights.
Market Data providers as third-party beneficiaries
Each Market Data provider and each of its licensors is an intended third-party beneficiary of the licence terms and restrictions in this Section 16 and may enforce them directly against you. Market Data providers are also Quanify Parties for the purposes of Sections 25 through 27.
Charting Tools are for information only
Drawings, measurements, timeframes, indicators, price and P&L readouts, account and position views and every other output of the Charting Tools are for information only. They are calculated by software from Market Data and broker data, may contain errors, and may change when data is revised. Bars for each timeframe are built by our software and may differ from the bars on your broker's platform or another charting service. Nothing shown in the Charting Tools is advice, a recommendation or a prediction of future prices, and Section 5 applies to all of it. Turning a trader on or off from the chart changes live routing in the same way as doing it in the trading workspace, and Section 10 applies to it.
Your drawings and chart settings
Drawings, text labels, chart colours and other chart settings you create are Your Content under Section 19. We store them on our servers and in your browser only as a convenience. We do not guarantee that they will be kept, synced between devices or restored, we may limit how much you can store, and we may delete them when your account ends. Export a copy if you need one. If you import a file, you are responsible for its contents.
Coming-soon chart features
Chart features marked Coming Soon or beta, such as order entry from the chart, are Beta Features under Section 17 and are provided as is.
17. Beta and coming-soon features
Some features, brokers or integrations may be labelled beta, preview, early access, experimental or coming soon, or may otherwise be provided before general release ("Beta Features"). Beta Features may be incomplete, contain more errors than other features, change without notice, or be discontinued at any time. BETA FEATURES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR COMMITMENT, AND YOU USE THEM ENTIRELY AT YOUR OWN RISK. A listing of a broker, integration or feature as coming soon or on our roadmap is not a promise that it will be released, on any timeline or at all, and you should not purchase a plan in reliance on it.
18. Intellectual property
The Services, including all software, code, designs, interfaces, text, graphics, logos, trade names, Quanify Strategies and their logic, signals, statistics and documentation, and all intellectual property rights in them, are owned by Quanify or its licensors and are protected by law. "Quanify" and our logos are our trademarks, and you may not use them without our prior written permission.
Subject to these Terms and payment of applicable fees, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your own trading during your subscription. We reserve all rights not expressly granted. This license ends automatically when your access ends.
19. Your content and strategies
You keep ownership of the strategies, webhook messages, settings, notes and other material you create or submit through the Services ("Your Content"). You grant Quanify a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display and adapt Your Content as needed to operate, secure, support and improve the Services and to comply with law. We may also create and use aggregated or de-identified data derived from use of the Services, which does not identify you, for any lawful purpose.
You represent that you have all rights needed to submit Your Content and to grant this license, and that Your Content and its use in the Services will not violate any law or anyone's rights. You are solely responsible for Your Content and for any orders it generates. We are not obligated to review, store or back up Your Content, and we may remove any of it that we believe violates these Terms.
20. Feedback
If you send us ideas, suggestions, bug reports or other feedback about the Services, you grant Quanify a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable and sublicensable license to use, modify and exploit that feedback for any purpose, without any obligation or compensation to you. You agree not to send feedback that you consider confidential or proprietary.
21. P&L cards and sharing
The Services may let you create images or links showing your trading results, username or other account details ("P&L Cards"). You decide whether to create and share a P&L Card, and you are solely responsible for what you share, where you share it and how you describe it. Anything you share publicly may be seen, copied and redistributed by others, and we cannot recall it.
P&L Cards show figures calculated by the Services, which may be estimates or may include simulated or paper results, and are not verified statements of actual performance. You agree not to alter a P&L Card, not to present simulated or paper results as live results, and not to use a P&L Card to solicit others to follow your trading or to market any trading service. If you share a P&L Card publicly or with us, you grant Quanify a non-exclusive, royalty-free license to display and reshare that P&L Card as shared, including your username as it appears on it, on our websites and social channels. You can ask us to stop future use by emailing [email protected].
22. Copyright and content notices
We respect intellectual property rights and respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. To report content in the Services that you believe infringes your copyright, email [email protected] with the subject line "Copyright notice" and include: your physical or electronic signature; identification of the copyrighted work; identification of the allegedly infringing material and where it is located in the Services; your contact information; a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf. If your content was removed, you may send a counter-notice with the information the law requires to the same address. We may terminate the accounts of repeat infringers. You may use the same address to report other content you believe is unlawful or violates these Terms.
23. Privacy and electronic communications
Our Privacy Policy explains how we collect, use and share personal information. By using the Services, you consent to that processing as described there.
You consent to receive communications from us electronically, including by email to the address on your account, in-app notices and posts on our websites. You agree that all agreements, notices, disclosures, receipts and other communications we provide electronically satisfy any legal requirement that they be in writing. Transactional and service messages, such as verification codes, security alerts, billing notices and changes to these Terms, are part of the Services and you cannot opt out of them while you have an account. You are responsible for keeping your email address current and for checking it; a notice is effective when we send it to the address on your account, whether or not you read it.
24. Suspension and termination
You may stop using the Services and cancel your subscription at any time as described in Section 12. You may ask us to delete your account by emailing [email protected].
We may suspend, limit or terminate your access to all or part of the Services, disarm your strategies, pause copy relationships, or close your account, at any time and with or without notice, if we believe that you have breached these Terms, that your use creates risk or possible legal exposure for Quanify, other users, brokers or third parties, that your account has been compromised, that you have filed an improper chargeback, that we are required to do so by law, a regulator, a broker or a court, or that we are discontinuing the Services or a feature. We may also terminate your access for any other reason on reasonable notice. If we terminate for a reason other than your breach, we will not charge you for any further billing period. Terminations for breach are without refund.
Suspension, disarming or termination does not close any open positions or cancel any working orders on your brokerage accounts. You are solely responsible for managing them directly at your broker.
When your access ends, your license to use the Services ends, and we may delete your account data in accordance with our Privacy Policy and our retention practices. Sections that by their nature should survive termination survive it, as described in Section 32.
25. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL STRATEGIES, SIGNALS, MARKET DATA, CHARTING TOOLS, DATA, CONTENT AND RESULTS ARE PROVIDED "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. QUANIFY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS (INCLUDING MARKET DATA PROVIDERS) AND SERVICE PROVIDERS (THE "QUANIFY PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, THE QUANIFY PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS; THAT ANY ORDER WILL BE TRANSMITTED, EXECUTED OR EXECUTED AT ANY PARTICULAR PRICE, SIZE OR TIME; THAT FOLLOWER ACCOUNTS WILL MATCH A LEADER ACCOUNT; THAT ANY MARKET DATA, CHART, DATA, P&L OR RESULT WILL BE ACCURATE, COMPLETE, TIMELY OR AVAILABLE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES WILL WORK WITH ANY BROKER, PROP FIRM OR THIRD-PARTY SERVICE; OR THAT USE OF THE SERVICES OR ANY STRATEGY WILL BE PROFITABLE OR WILL NOT RESULT IN LOSS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM QUANIFY OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. In that case, any warranty that cannot be excluded is limited to the shortest duration and narrowest scope the law allows.
26. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- IN NO EVENT WILL THE QUANIFY PARTIES BE LIABLE FOR ANY TRADING LOSSES; LOSS OF PROFITS, REVENUE, OPPORTUNITY, GOODWILL OR DATA; PROP FIRM EVALUATION OR ACCOUNT LOSSES, RESETS, FORFEITED PROFITS OR DENIED PAYOUTS; COST OF SUBSTITUTE SERVICES; OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING ANY OF THE MATTERS DESCRIBED IN SECTION 10 AND ANY ERROR, DELAY, INTERRUPTION OR UNAVAILABILITY OF MARKET DATA OR CHARTING TOOLS.
- NO MARKET DATA PROVIDER OR ITS LICENSORS WILL HAVE ANY LIABILITY TO YOU ARISING OUT OF OR RELATING TO MARKET DATA OR YOUR USE OF IT.
- THE TOTAL AGGREGATE LIABILITY OF THE QUANIFY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU ACTUALLY PAID TO QUANIFY FOR THE SERVICES DURING THE ONE (1) MONTH IMMEDIATELY BEFORE THE EVENT THAT FIRST GAVE RISE TO THE LIABILITY, AND (B) FIFTY U.S. DOLLARS (US $50).
- THESE LIMITATIONS APPLY TO EVERY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF A QUANIFY PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
If you are dissatisfied with the Services or these Terms, your sole and exclusive remedy is to stop using the Services and cancel your subscription. These limitations do not limit liability that cannot be limited under applicable law, such as liability for our fraud, gross negligence or willful misconduct, or for death or personal injury caused by our negligence, where the law does not allow it to be limited. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of these limitations may not apply to you; in that case, our liability is limited to the fullest extent the law allows. The limitations in this Section are an essential basis of the bargain between you and Quanify.
27. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Quanify Parties from and against all claims, demands, actions, investigations, losses, damages, liabilities, fines, penalties, costs and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Services; (b) any order placed on, or position held in, any account connected to your Quanify account; (c) Your Content, your strategies, your webhooks and your settings; (d) your breach of these Terms or of any representation you made in them, including any claim by a Market Data provider arising from your use of Market Data; (e) your violation of any law, exchange rule, broker agreement or prop firm rule; (f) any P&L Card or other material you share; or (g) any dispute between you and a broker, prop firm or other third party, including any person whose account you connected. We may assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you will cooperate with us. You may not settle any such matter without our prior written consent.
28. Dispute resolution and binding arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND QUANIFY TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, AND IT WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
28.1 Informal resolution first
Before starting arbitration or a small claims case, the party with a dispute must send the other a written notice describing the dispute, the relief sought, and the sender's name, account email and contact details. Notices to Quanify go to [email protected] with the subject line "Notice of Dispute." Notices to you go to the email address on your account. For 60 days after the notice is received, the parties will try in good faith to resolve the dispute, including, if either party asks, by an individual telephone or video conference in which you personally participate. This process is a condition to starting arbitration, and any limitations period is tolled while it is under way.
28.2 Agreement to arbitrate
Except as stated in Sections 28.6 and 28.7, you and Quanify agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services, any order or trade, any fees, or the relationship between you and Quanify, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before or after you accepted these Terms (a "Dispute"), will be resolved exclusively by final and binding individual arbitration. The arbitrator, and not any court, has exclusive authority to decide all questions about the interpretation, applicability, enforceability, scope or formation of this arbitration agreement, except that a court decides questions about Sections 28.4 and 28.8 and whether a claim may proceed in small claims court. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. sections 1 and following.
28.3 Rules, location and fees
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and any applicable supplementary rules, including its Mass Arbitration Supplementary Rules where they apply, as modified by this Section. The rules are available at adr.org. A single arbitrator will decide the Dispute. Unless the parties agree otherwise, the arbitration will be conducted by video conference or on written submissions; if an in-person hearing is required, it will take place in the county where you live or in Maricopa County, Arizona, at your choice. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules, and for claims that are not frivolous Quanify will pay any portion of those fees that the rules assign to the business. Each party bears its own attorneys' fees and costs unless the arbitrator awards them under applicable law or finds that a claim or defense was frivolous or brought for an improper purpose. The arbitrator may award the same individual relief a court could award, subject to these Terms, including the limitations in Sections 26 and 29. The arbitrator's award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.
28.4 Class action and representative action waiver
YOU AND QUANIFY MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may award relief, including declaratory or injunctive relief, only in favor of the individual party seeking it and only to the extent needed to provide relief for that party's individual claim. If a court finally decides that applicable law prevents enforcement of this Section 28.4 as to a particular claim or request for relief, that claim or request (and only that one) must be severed and brought in the courts described in Section 30, and it will be stayed until the individual arbitrable claims are resolved.
28.5 Jury trial waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND QUANIFY EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE, INCLUDING ANY DISPUTE THAT PROCEEDS IN COURT FOR ANY REASON.
28.6 Small claims
Either party may instead bring an individual claim in small claims court (including the small claims division of an Arizona justice court) in the county where you live or in Maricopa County, Arizona, if the claim qualifies and stays in that court on an individual basis.
28.7 Intellectual property and injunctive relief
Either party may bring an action in court for injunctive or other equitable relief to stop the infringement, misappropriation or misuse of its intellectual property, its confidential information or Market Data (including any breach of Section 16), or unauthorized access to or interference with the Services, without first going through the informal resolution or arbitration process.
28.8 Mass filings
If 25 or more demands for arbitration raising similar claims are filed against Quanify by or with the help of the same or coordinated counsel or organizations, the AAA's Mass Arbitration Supplementary Rules will apply, and the parties agree that the demands may be administered in batches as provided in those rules. Any statute of limitations on the claims in a demand is tolled while the demand is awaiting administration under this Section.
28.9 30-day right to opt out
You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept a version of these Terms that contains this arbitration agreement, with the subject line "Arbitration Opt-Out" and a message stating your name, the email address on your Quanify account and that you opt out of arbitration. Opting out affects only this Section 28 and has no effect on any other part of these Terms, including the jury trial waiver to the extent permitted by law, the governing law and venue provisions, and the time limit on claims. If you opt out, Disputes will be resolved in the courts described in Section 30.
28.10 Severability of this Section
Except as stated in Section 28.4, if any part of this Section 28 is found to be unenforceable, that part will be severed and the rest of this Section will remain in effect. This Section 28 survives the termination of these Terms and of your account.
29. Time limit on claims
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE STARTED, BY SENDING A NOTICE OF DISPUTE UNDER SECTION 28.1 OR, IF SECTION 28 DOES NOT APPLY, BY FILING IN COURT, WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE. OTHERWISE IT IS PERMANENTLY BARRED. If applicable law does not allow a limitations period this short, the shortest period the law allows applies.
30. Governing law and venue
These Terms and any Dispute are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules, except that Section 28 is governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any Dispute that is not subject to arbitration, including if you opt out of arbitration, you and Quanify consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona, and waive any objection based on inconvenient forum. Nothing in this Section deprives you of the protection of any mandatory consumer protection law of the place where you live that cannot be waived by contract.
31. Force majeure
Quanify is not liable for any delay or failure to perform, or for any loss arising from it, caused by events beyond our reasonable control, including acts of God, natural disasters, fire, flood, pandemic, war, terrorism, civil unrest, labor disputes, government action, sanctions, changes in law or regulation, failures or outages of the internet, power, telecommunications, cloud hosting or database providers, cyberattacks, denial-of-service attacks, and the acts, omissions, outages, API changes or failures of any broker, exchange, clearing firm, market data provider, TradingView, payment processor or other Third-Party Service.
32. General terms
Entire agreement
These Terms, together with the Privacy Policy, the Risk Disclosure and any additional terms described in Section 1, are the entire agreement between you and Quanify about the Services and replace all prior or contemporaneous agreements, proposals and communications on that subject, including any statements in marketing materials, Discord or support messages.
Severability
If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permitted and modified to the minimum extent needed to make it enforceable, and the remaining provisions will stay in full effect, subject to Section 28.4.
Assignment
You may not assign or transfer these Terms or your account, by law or otherwise, without our prior written consent, and any attempt to do so is void. We may assign or transfer these Terms, in whole or in part, without your consent, including to an affiliate or in connection with a merger, acquisition, reorganization or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.
No waiver
Our failure or delay in enforcing any provision of these Terms is not a waiver of that provision or of our right to enforce it later. Any waiver must be in writing and signed by an authorized representative of Quanify.
Survival
Every provision that by its nature should survive termination or expiration survives, including Sections 5, 6, 8, 9, 10, 13, 16, 18 through 21, and 25 through 32, and any obligation to pay fees accrued before termination.
Relationship of the parties
You and Quanify are independent contracting parties. These Terms do not create any partnership, joint venture, agency, employment, advisory or fiduciary relationship. There are no third-party beneficiaries of these Terms, except the Quanify Parties under Sections 25 through 27, Market Data providers and their licensors as described in Section 16, and Apple as described in Section 15.
Interpretation
Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against the drafter. If we provide a translation of these Terms, the English version controls.
California users
Under California Civil Code section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
33. Notices and contact
Questions about these Terms, legal notices, notices of dispute, arbitration opt-outs, copyright notices and requests to cancel or close your account can be sent to:
Quanify LLC, Arizona, United States. Email: [email protected].
Notices to Quanify are effective when received at that email address. Notices to you are effective when sent to the email address on your account or posted in the Services.