TradeCaliber — Terms of Service
This is a legal agreement between you and TradeCaliber, Inc. Before you read the full legal text, here is what you are agreeing to in plain English:
- We are not your financial advisor. We are not registered with the SEC or FINRA. Our AI generates analysis, not investment advice. You make your own trading decisions and bear all risk of loss.
- You can lose all of your money. Binary event trading in biotech is extremely high-risk. Past AI performance does not predict future results.
- We connect to your brokerage account but do not control your money. If you link your Interactive Brokers account, trades execute on your account under your authority. We never hold, custody, or transfer your funds.
- If we have a dispute, we will use arbitration, not a courtroom. Section 14 contains a binding arbitration clause and a class-action waiver. You can opt out of arbitration within 30 days of creating your account — instructions are in Section 14.4.
- Our liability to you is capped. If something goes wrong on our end, the most you can recover is what you paid us in the prior 12 months, or $500, whichever is greater. This cap does not apply if we act with gross negligence, willful misconduct, or commit fraud.
- We can change these terms. But we will give you 30 days' notice for material changes, and you can walk away if you disagree.
1. Acceptance of Terms; Eligibility
1.1 Binding Agreement
These Terms of Service (“Terms” or “Agreement”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and TradeCaliber, Inc., a Delaware corporation (“Company,” “TradeCaliber,” “we,” “us,” or “our”). By clicking “I Accept,” creating an account, or otherwise accessing or using the TradeCaliber platform (the “Platform”), you represent and warrant that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference.
1.2 Clickwrap Consent
Your act of clicking “I Accept” or similar affirmative action constitutes your electronic signature enforceable under the federal E-SIGN Act (15 U.S.C. § 7001 et seq.) and applicable state law.
1.3 Age and Legal Capacity
You represent that you are at least eighteen (18) years of age and have the legal capacity to enter into this Agreement.
1.4 Investor Acknowledgment
By using the Platform, you represent that you: (a) have sufficient knowledge and experience in financial and business matters to evaluate the merits and risks of any trading decision, OR have consulted with an advisor who does; (b) understand the risks inherent in trading securities, including options and derivative instruments; (c) understand the specific and heightened risks of trading around binary catalyst events; and (d) are financially able to bear the complete loss of any funds committed to trades identified, analyzed, or facilitated through the Platform.
1.5 Conspicuous Disclosures
BY CREATING AN ACCOUNT, YOU SPECIFICALLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE FOLLOWING:
- Section 5 (Risk Disclosure): Binary event trading carries a substantial risk of total loss.
- Section 6 (Not Investment Advice): The Company is not a registered investment advisor, broker-dealer, or fiduciary.
- Section 11 (Limitation of Liability): Liability is capped as described therein, with exceptions for gross negligence, willful misconduct, and fraud.
- Section 14 (Dispute Resolution): Disputes will be resolved by binding arbitration, subject to a 30-day opt-out right.
1.6 Invite-Only Access
The Platform operates on an invite-only basis. The Company reserves the right to revoke access at any time, for any reason, in its sole discretion.
2. Definitions
“AI Models” means the artificial intelligence and machine learning models used by the Platform, including models provided by Anthropic, PBC.
“Binary Catalyst Event” means a discrete corporate or regulatory event with a substantially binary outcome, including FDA PDUFA dates, clinical trial readouts, Breakthrough Therapy Designations, and similar catalysts.
“Conviction Rating” means a categorical output (A/B/C tier) generated by the AI Models reflecting the Platform’s algorithmic assessment, provided for informational purposes only.
“IBKR” means Interactive Brokers LLC and its affiliates.
“Outputs” means all information, data, analyses, conviction ratings, position sizing suggestions, trade structure suggestions, and other content generated by the Platform.
3. Service Description
3.1 Nature of the Platform
The Platform is an informational and educational technology tool — analogous to a financial calculator, spreadsheet application, or data terminal — that aggregates publicly available data, applies algorithmic processing, and presents outputs for the User’s independent review and analysis.
3.2 Analytical Outputs
The Platform generates: (a) Tier Classifications (A/B/C) — statistical categorizations derived from algorithmic scoring, not recommendations; (b) Position Sizing Models — educational illustrations of risk management principles; (c) Trade Structure Displays — informational representations of options strategies; (d) Backtesting and Historical Analysis — retrospective model application, not indicative of future results.
3.3 AI-Powered Processing
The AI Systems are computational tools that execute pattern recognition and statistical analysis. They do not exercise investment discretion or make investment decisions. Outputs are inherently probabilistic and may contain errors.
3.4 Paper Trading and Live Trading
The Platform provides Paper Trading Mode (simulated, no real funds) and, for eligible Users, Live Trading Mode (real orders to your IBKR account). Paper trading results are hypothetical and do not reflect real execution risk.
4. IBKR Integration
4.1 User-Initiated and User-Controlled
Any connection between the Platform and IBKR is initiated solely by the User and may be terminated at any time.
4.2 No Agency or Authority
TradeCaliber does not have trading authority, discretionary authority, power of attorney, or any form of agency over any User’s brokerage account.
4.3 User Executes All Transactions
All orders submitted through the Platform are submitted solely by the User, at the User’s sole discretion and initiative, after independent evaluation.
4.4 No Transaction-Based Compensation
TradeCaliber does not receive commissions, transaction fees, referral fees, payment for order flow, or any transaction-based compensation from any broker, market maker, exchange, or market participant.
4.5 Independent Brokerage Relationship
Your relationship with IBKR is separate and independent. TradeCaliber is not a party to your brokerage agreement.
4.6 Execution Risk
Trade orders are subject to execution risk including rejection, partial fills, delayed execution, and execution at different prices. The Company is not liable for execution risk.
5. Risk Disclosure
THIS SECTION CONTAINS CRITICAL RISK DISCLOSURES. READ CAREFULLY.
5.1 General Investment Risk
All trading involves substantial risk of loss. You should not trade with money you cannot afford to lose.
5.2 Binary Catalyst Event Risk
Binary events may result in extreme price movements of 50–90% in either direction. Positions may result in total loss of invested capital. Events often occur outside market hours, preventing stop-loss execution.
5.3 Options Risk
Options may expire worthless (100% loss). Implied volatility crush following binary events may cause severe losses even when the directional outcome is correctly anticipated. Small-cap biotech options may have wide bid-ask spreads and limited liquidity.
5.4 AI Model Limitations
AI Models: (a) rely on historical data that may not predict future outcomes; (b) may contain biases, errors, or hallucinations; (c) have no access to non-public information; (d) cannot predict regulatory decisions with certainty; (e) may produce internally inconsistent outputs; (f) are subject to change without notice; (g) do not possess genuine scientific or medical expertise.
5.5 Past Performance
PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. Leaderboard data, backtested results, and historical conviction ratings are not guarantees. Simulated results have inherent limitations including hindsight bias and absence of real execution risk.
5.6 Market and Systemic Risk
Markets are subject to crashes, flash crashes, liquidity crises, interest rate changes, geopolitical events, and pandemics.
5.7 Regulatory Risk
The FDA may take unexpected actions, change policies, impose new requirements, or delay decisions in unpredictable ways.
5.8 Liquidity Risk
Small- and mid-cap biotech securities may have limited volume, wide spreads, and greater price impact.
5.9 Technology Risk
The Platform is subject to outages, bugs, data transmission failures, cybersecurity breaches, and third-party service disruptions.
5.10 Acknowledgment
BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED ALL RISKS AND ARE SOLELY RESPONSIBLE FOR ALL TRADING DECISIONS.
6. Not Investment Advice; No Fiduciary Duty
6.1 Informational Purposes Only
ALL OUTPUTS ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Nothing on the Platform constitutes investment advice, financial advice, or any professional recommendation.
6.2 Not a Registered Investment Adviser
The Company is NOT registered as an investment adviser with the SEC or any state regulator. The Platform is a technology tool, not an advisory service.
6.3 Not a Broker-Dealer
The Company is NOT registered as a broker-dealer with the SEC or FINRA. TradeCaliber does not execute trades, hold customer funds, or custody securities.
6.4 No Fiduciary Duty
The Company owes no fiduciary duty, duty of care, duty of loyalty, or duty of best execution to any User. The relationship is solely that of a technology service provider and user.
6.5 Tier Classifications Are Not Recommendations
Tier classifications represent relative statistical rankings within a computationally generated dataset, not qualitative investment judgments. A higher tier does not mean a trade is more likely to be profitable or less risky.
6.6 Consult Qualified Professionals
Users should consult a qualified, registered investment adviser, broker-dealer, financial planner, tax adviser, and/or attorney before making any investment decision.
7. Regulatory Disclaimers
7.1 SEC Disclaimer
TradeCaliber is NOT registered as an investment adviser under the Investment Advisers Act of 1940. TradeCaliber does not provide “investment advice” as defined under Section 202(a)(11).
7.2 FINRA / Broker-Dealer Disclaimer
TradeCaliber is NOT a FINRA member or registered broker-dealer. No person associated with TradeCaliber is a registered representative or investment adviser representative.
7.3 State Securities Disclaimer
TradeCaliber is not registered under the securities laws of any U.S. state or territory.
7.4 CFTC Disclaimer
TradeCaliber is not registered as a commodity trading advisor, commodity pool operator, or futures commission merchant with the CFTC.
7.5 Regulation Best Interest Disclaimer
TradeCaliber is not subject to Regulation Best Interest and does not owe any “best interest” obligation to any User.
7.6 No Regulatory Review
These Terms, the Platform, and all Outputs have NOT been reviewed, approved, or endorsed by the SEC, FINRA, any state regulator, or any governmental body.
7.7 User’s Regulatory Obligations
You are solely responsible for complying with all applicable securities laws, including insider trading laws, pattern day trader rules, and tax reporting obligations.
8. Account Responsibilities
8.1 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
8.2 Accurate Information
You agree to provide accurate, current, and complete information and to update it as necessary.
8.3 Prohibited Conduct
You agree not to: (a) use the Platform for any unlawful purpose; (b) engage in market manipulation or insider trading; (c) share account credentials; (d) reverse engineer or scrape the Platform; (e) use Outputs to provide advisory services to third parties; (f) attempt to disrupt the Platform’s infrastructure.
9. Public Leaderboard
Leaderboard data reflects historical/simulated performance only, is not indicative of future results, and shall not be relied upon for trading decisions. Any attempt to manipulate leaderboard rankings may result in account termination.
10. Privacy & Data Usage
Your use of the Platform is subject to our Privacy Policy, available at /privacy. By using the Platform, you consent to the collection and use of your information as described therein.
11. Limitation of Liability
11.1 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, TRADING LOSSES, LOSS OF DATA, OR LOSS OF OPPORTUNITY, REGARDLESS OF THEORY OF LIABILITY.
11.2 Liability Cap
THE COMPANY’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (a) FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR (b) FIVE HUNDRED U.S. DOLLARS ($500).
11.3 Exceptions
The limitations in Sections 11.1 and 11.2 do NOT apply to: (a) the Company’s gross negligence or willful misconduct; (b) fraud or intentional misrepresentation; (c) personal injury or death caused by negligence; (d) liability that cannot be limited under applicable law; (e) the Company’s data security obligations to the extent arising from a breach caused by failure to implement commercially reasonable measures.
11.4 Trading Losses
You expressly agree that the Company is not liable for any trading losses, except to the extent directly caused by gross negligence, willful misconduct, or fraud.
11.5 Essential Basis of Bargain
These limitations are an essential element of the bargain and the Platform would not be provided without them.
11.6 Statute of Limitations
Any claim must be filed within one (1) year after the claim arose, or it is permanently barred. This does not apply where mandatory law provides otherwise.
12. Indemnification
12.1 Your Obligation
You agree to defend, indemnify, and hold harmless the Company from claims arising from: (a) your use of the Platform; (b) your trading decisions; (c) your breach of these Terms; (d) your violation of applicable law; (e) any dispute between you and IBKR.
12.2 Conditions
The Company will provide prompt notice, grant reasonable cooperation, and not settle without your consent (not unreasonably withheld).
12.3 Mutual Reasonableness
Your indemnification obligation does not apply to the extent a claim arises from the Company’s gross negligence, willful misconduct, fraud, or breach of these Terms.
13. Intellectual Property
13.1 Ownership
The Platform, algorithms, AI Models, scoring systems, and all IP are the exclusive property of the Company.
13.2 Limited License
You receive a limited, non-exclusive, non-transferable, revocable license to access the Platform for personal, non-commercial purposes. You may not reverse engineer, scrape, redistribute, or use Outputs to build competing products or train AI models.
13.3 Feedback
Feedback you provide is assigned to the Company without restriction or compensation.
14. Dispute Resolution; Binding Arbitration; Class Action Waiver
THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL. READ CAREFULLY.
14.1 Informal Resolution First
Before formal proceedings, both parties agree to attempt informal resolution for sixty (60) days via written notice.
14.2 Binding Arbitration
Disputes shall be resolved by binding individual arbitration administered by the AAA under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator. Location: Wilmington, Delaware, or by videoconference. The Company will pay all AAA filing and arbitrator fees for claims under $25,000, unless the arbitrator determines the claim is frivolous.
14.3 Class Action Waiver
ALL DISPUTES SHALL BE RESOLVED INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION. If this waiver is found unenforceable for a particular claim, only that claim may proceed in court.
14.4 Your Right to Opt Out of Arbitration
You may opt out of arbitration by sending written notice to legal@tradecaliber.com within thirty (30) days of creating your account. Include your full name, account email, and a clear opt-out statement. Opting out will not affect your access to the Platform.
14.5 Mass Arbitration Protocol
If 25 or more similar demands are filed within 90 days, the parties agree to a bellwether protocol where representative claims are arbitrated first.
14.6 Jury Trial Waiver
TO THE EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL.
14.7 Small Claims Court
Either party may bring an individual claim in small claims court.
14.8 Equitable Relief
Either party may seek injunctive relief in court to prevent irreparable harm.
14.9 Governing Law
These Terms are governed by Delaware law. The Federal Arbitration Act governs the arbitration provision.
15. Disclaimers of Warranties
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND RELIABILITY.
16. Force Majeure
The Company is not liable for delays or failures caused by events beyond reasonable control, including: natural disasters, pandemics, war, government actions, market disruptions, exchange trading halts, FDA action delays, government shutdowns, power/internet outages, cyberattacks, and third-party service failures (IBKR, Polygon, Finnhub, FMP, Anthropic, Railway).
17. Termination
17.1 By You
You may terminate at any time by contacting support@tradecaliber.com.
17.2 By the Company
For cause: immediately. Without cause: upon fourteen (14) days’ written notice.
17.3 Effect
Upon termination, your license ceases. You are solely responsible for managing open positions in your IBKR account. Sections 2, 5–7, 11–16 survive termination.
18. Modifications
18.1 Material Changes
For material changes (arbitration, liability, data, fees), we will provide at least thirty (30) days’ advance notice via email, identifying the specific changes.
18.2 Exit Right
If you disagree with a material change, you may terminate before the effective date. The prior Terms govern through termination.
18.3 Non-Material Changes
Non-material changes (formatting, clarifications) take effect upon posting.
19. General Provisions
Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement.
Severability. Invalid provisions are modified to the minimum extent necessary, or severed.
Waiver. Failure to enforce a provision is not a waiver.
Assignment. You may not assign. The Company may assign in connection with a merger or acquisition.
No Third-Party Beneficiaries. Except the Company’s officers and directors for Sections 11 and 12.
20. Contact
TradeCaliber, Inc.
Email: legal@tradecaliber.com
Support: support@tradecaliber.com
Privacy: privacy@tradecaliber.com
BY CLICKING “I ACCEPT” OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF SERVICE.