Algo is available only to: (a) registered users (“Users”); (b) individuals who are 18 years of age or older and who can enter into legally binding contracts under the applicable laws of the jurisdiction in which they reside or are domiciled; and (c) businesses who can enter into legally binding contracts under the applicable laws of the jurisdiction in which they are incorporated or conduct business, and their officers or agents who are authorized to enter into such contracts on their behalf. Alpaca may refuse to provide the Services or access to Algo to anyone or any entity at any time, in our sole discretion.
All data on Alpaca’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON ALPACA’S SERVERS MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN ALPACA’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. ALPACA DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON ALPACA’S SERVERS.
When creating your account, you must provide current, accurate and complete information, and you must keep this information current, accurate and complete. You must comply with all procedures related to the creation and maintenance of your account that may be designated by Alpaca from time to time on the Algo platform. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. If you sign in to Algo using a social networking account, you understand and agree that you are responsible for keeping your social networking account secure. You must notify Alpaca immediately of any breach of security or unauthorized use of your account, and follow any reasonable instructions issued by Alpaca. Alpaca will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Services by changing the settings in your profile page. By providing Alpaca your email address you consent to our using the email address to send you notices related to the Services, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services, special offers and our email newsletter.
A Social Networking Account (“SNA”) such as Facebook or Google+ is a internet representation of you and is secured by a unique username and password. By signing in with your SNA to use the Services, you authorize us to retrieve and/or send such information as is necessary to complete the sign in process. This may include storing a unique authorization code, an “ID Token” that is necessary for your SNA to connect with the Services. To revoke this access, you must modify your SNA settings by taking the appropriate steps as set forth by your SNA provider. Alpaca makes no guarantee that we will continue to offer connections to your SNA or that the connection will be free from errors.
You acknowledge and agree that you will not:
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Alpaca under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Alpaca does not waive any rights to use similar or related ideas previously known to Alpaca, or developed by its employees, or obtained from sources other than you.
Alpaca cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
We may make available software to access the Services via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Alpaca does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Alpaca hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Algo account on one mobile device owned or leased solely by you, as permitted by the features of the Services.
You may not: (a) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (c) make any copies of the Mobile Software; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (e) delete the copyright and other proprietary rights notices on the Mobile Software.
The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”):
The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software“). You acknowledge that the Agreement is between you and Alpaca only, and not with Google Inc. (“Google“). Your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service. Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software. Alpaca, and not Google, is solely responsible for its Google-Sourced Software. Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement. You acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Alpaca’s Google-Sourced Software.
Alpaca provides you only with trading technology and can provide no investment, financial, regulatory, tax or legal advice. The Services are not investment advice and any observations concerning any security, investment strategy or trading instructions provided in the Services are not a recommendation to buy, sell or hold such investment or security or to make any other investment decisions. We offer no advice regarding the nature, potential value, risk or suitability of any particular investment strategy, transaction, security or investment.
Our Services are meant as an aid to assist you in your research and build of your financial organization. If investment, trading or other professional advice is required, the services of a competent, licensed professional should be sought. No employee, agent or representative of Alpaca is authorized to provide any such advice of any nature, and any such advice, if given, is in violation of Alpaca’s policies, is unauthorized and may not be relied upon.
Any use of the Services and any decisions made in reliance on the Services, including any trading or investment decisions or strategies, are made at your own risk. The use and interpretation of the Services require skill and judgment, and you must at all times exercise your own judgment in the use of the Services. The quality of any investment strategy you design or trading algorithm you build and of any information you receive in connection with such strategy or algorithm through your use of the Services depends on the adequacy of publicly available market data inputs that are chosen by you. You must carefully review the data inputs that you choose to design your trading strategies and build trading algorithms. Further, you must thoroughly review, test and vet the algorithm you build in order to experience how your algorithm will actually perform in a live environment. You understand that past performance is not a guarantee of future results.
All orders and/or execution trading services you use in connection with the Services are provided by independent broker-dealers and not by Alpaca. Therefore, you must have an existing brokerage account with a broker-dealer or establish one in order to use the Services to enter orders for the purchasing, and selling of investments and/or the implementing of any investment strategy or trading algorithm. Alpaca is not a broker-dealer, nor are we affiliated with any broker-dealer; further, we do not endorse or recommend the services of any broker-dealer. Not all broker-dealers can link with Alpaca, you understand that this limitation is not an endorsement or recommendation of any broker-dealers; the broker-dealers we link with are determined by whether that broker-dealer gives us access to their API. It is the sole responsibility of the broker-dealer where you maintain an account to provide its services to you and you understand and agree that we are not liable for any damages or costs of any type whatsoever in connection with those services including without limitation, trading losses and trading fees.
You understand that the Services provide a complex tool that may execute trades in high volume and without regard to the cost to execute a trade, and that although your algorithm may indicate a profit, the cost of execution may in aggregate, amount to a loss. You agree that Alpaca is not liable for any losses you may incur in using the Services, whether due to the actual trades or due to order processing costs. We make no representation as to the practicality or feasibility of monitoring your algorithms and you knowingly and expressly agree to accept all risks in connection with your use of the Services. You understand that trading is inherently risky, whether in currencies, securities or other financial product and that trading with algorithms can multiply that risk further.
You understand that Algo has known risks that you must consider when making real money trades using this application and you understand that you assume all risks by using Algo and agree that Alpaca will not be liable for any damages, whether direct or indirect, as a result of your use of Algo. By using Algo, you understand and agree that Alpaca does not warrant or guarantee that Algo will have consistent or reliable integration or connection with your broker. YOU MUST UNDERSTAND AND ACCEPT THE RISKS ASSOCIATED WITH ALGO’S KNOWN ISSUES. ALGO’S API INTEGRTATION WITH THE BROKER MAY NOT ALWAYS BE RELIABLE, THIS MEANS FOR EXAMPLE, THAT WE MAY NOT BE ABLE TO TRACK YOUR POSITION RELIABLY AND ONE SUCH RESULT IS THAT THE ESTIMATION OF THE VALUE OF YOUR POSITION MAY NOT BE ACCURATE. IF YOU WANT TO EXECUTE A MANUAL TRADE, YOU MUST CONTACT YOUR BROKER DIRECTLY. ALGO MAY SHOW SUCH FEATURES IN ITS INTERFACE HOWEVER, YOU UNDERSTAND THAT WE MAKE NO GUARANTEE OF ANY FUNCATIONALITY IN THE MANUAL CONTROLS AND THAT IT IS YOUR SOLE RESPONSIBILITY TO TRACK AND DIRECT YOUR TRADES WITH YOUR BROKER.
It is your responsibility to understand your own risk tolerance, the amount of risk you are taking by using the Services, and to make your own decisions about if and how to use the Services according to your risk tolerance and you understand and agree to the terms as set forth in our Risk Disclosure, located at https://www.alpaca.ai/risk-disclosure/
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALPACA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL ALPACA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALPACA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ALPACA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ALPACA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Alpaca makes no representations that the Services are appropriate or available for use in locations outside the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.