Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the PacaTrader platform, website, software, and all related services (collectively, the "Service") operated by PacaTrader ("PacaTrader," "we," "us," or "our").

By accessing or using the Service — including by creating an account, connecting an Alpaca account, initiating a subscription, or simply browsing the platform — you ("User," "you") agree to be legally bound by these Terms and our Privacy Policy and Risk Disclosure, which are incorporated by reference.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

PacaTrader is a self-directed software dashboard and tooling layer designed for users who hold their own Alpaca brokerage account. The Service provides interfaces for:

• Viewing and managing an Alpaca account dashboard, balances, positions, and orders
• Submitting self-directed trades, options orders, and multi-leg spread orders through Alpaca's API
• Accessing options chain data, order review workflows, watchlists, and trading controls
• Creating, reviewing, and running user-defined automation rules and strategy events
• Monitoring account activity, notifications, and safety controls

PacaTrader does not execute trades on your behalf. Every order action originates from your explicit, self-directed input or from automation rules you create, configure, enable, and remain responsible for.

3. Not a Financial Service Provider

PacaTrader is a software tool. It is not a broker-dealer, investment adviser, financial planner, commodity trading adviser, portfolio manager, money manager, signal provider, copy-trading service, or any other form of regulated financial service.

PacaTrader does not:

• Provide investment advice, trade recommendations, or financial guidance of any kind
• Recommend specific securities, options contracts, strategies, timing, position sizes, or risk levels
• Manage assets on your behalf
• Generate or distribute trading signals
• Operate a managed account, copy-trading service, or discretionary trading program
• Guarantee any trading outcome, return, or account performance

All trading decisions — including what to buy, sell, hold, close, or automate — are made solely by you. You are solely responsible for evaluating the suitability of any trade for your own situation, risk tolerance, and financial circumstances.

Nothing in the Service, on the website, or in any communication from PacaTrader constitutes investment advice, a solicitation, or a recommendation to engage in any transaction.

4. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) to use the Service. By using the Service, you represent and warrant that:

• You are of legal age to enter into a binding contract
• You have the legal capacity to agree to these Terms
• You are not prohibited from using the Service under any applicable law
• Your use of the Service complies with all laws applicable to you, including those of your country of residence

PacaTrader reserves the right to verify eligibility at any time and to terminate accounts that do not meet these requirements.

5. Account Registration & Security

To access core features of the Service, you must register an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Keep your login credentials strictly confidential
• Not share your account with any other person
• Notify us immediately at the contact information below of any unauthorized access or suspected breach

You are solely responsible for all activity that occurs under your account, whether or not you authorized it. PacaTrader will not be liable for any loss or damage arising from unauthorized use of your account where you failed to maintain the confidentiality of your credentials.

PacaTrader may, at its sole discretion, refuse registration, suspend, or terminate any account.

6. Subscriptions, Billing & Refunds

Subscription Plans. Access to certain features of the Service requires a paid subscription. Subscription details, pricing, and features are described on the Subscription page and may be updated from time to time.

Billing. By subscribing, you authorize PacaTrader (via its payment processor, Stripe) to charge your payment method on a recurring basis at the applicable plan rate until you cancel. You are responsible for all charges incurred under your account.

Cancellation. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to paid features through the end of the paid period.

No Refunds. All fees are non-refundable except as required by applicable law or as expressly stated by PacaTrader in writing. Partial-period refunds are not provided.

Price Changes. PacaTrader reserves the right to change subscription pricing at any time. We will provide reasonable notice of any price change. Continued use of the Service after a price change constitutes your acceptance of the new pricing.

Failed Payments. If payment fails, your access to paid features may be suspended or terminated. PacaTrader is not liable for any trading disruption, missed orders, or losses arising from subscription lapse or payment failure.

Taxes. You are responsible for all applicable taxes associated with your subscription. Prices displayed may not include applicable taxes.

7. User Responsibilities

You are solely responsible for:

• Your Alpaca account, including its credentials, settings, margin levels, and trading permissions
• All orders submitted through the Service, whether placed manually or triggered by automations you created
• Reviewing every order before submission and confirming it reflects your intent
• Maintaining adequate account funding and risk controls in your Alpaca account
• Configuring, testing, monitoring, and disabling your automation rules
• Understanding the tools, workflows, and order types you use
• Complying with all applicable securities laws, exchange rules, and regulations in your jurisdiction
• Any tax obligations arising from your trading activity

PacaTrader provides software tools. The judgment, decisions, risk management, and ultimate responsibility for every action taken through those tools remain entirely yours.

8. Alpaca Integration & Third-Party Brokerage

PacaTrader is an independent software layer that interfaces with Alpaca Securities LLC or Alpaca Crypto LLC (collectively, "Alpaca") through Alpaca's publicly available API. PacaTrader is not affiliated with, endorsed by, or sponsored by Alpaca.

You acknowledge and agree that:

• Brokerage and custodial services are provided exclusively by Alpaca, not PacaTrader
• Your Alpaca account, funds, and positions are governed by Alpaca's own terms, agreements, and regulatory obligations
• PacaTrader does not hold, control, custody, or have ownership of any of your funds or securities
• PacaTrader cannot guarantee the availability, accuracy, or reliability of Alpaca's API or platform
• Any API outage, rate limit, error, or change implemented by Alpaca may affect or disrupt the Service without notice
• You are responsible for directly maintaining access to your Alpaca account independent of PacaTrader

When you connect your Alpaca account via API key or OAuth, you grant PacaTrader permission to communicate with Alpaca's API on your behalf as authorized by the permissions you configure. You may revoke this authorization at any time by disconnecting your Alpaca account within the Service or directly within Alpaca's platform.

PacaTrader is not responsible for Alpaca's actions, errors, outages, regulatory changes, account restrictions, or decisions regarding your brokerage account.

9. User-Created Automations

The Service allows you to create, configure, enable, and run automation rules ("Automations") that can submit orders to Alpaca based on conditions you define. You understand and agree that:

• All Automations are created, configured, and controlled entirely by you
• PacaTrader does not create, suggest, validate, approve, or manage your Automation logic
• Automations can submit real orders to your live brokerage account without additional manual confirmation
• Incorrect rules, logic errors, misconfigured parameters, unexpected market conditions, API delays, connectivity issues, software bugs, or other factors may cause Automations to behave unexpectedly or result in unintended orders and financial losses
• You are solely responsible for the design, testing, monitoring, and performance of every Automation you create
• You must monitor your Automations actively and disable them immediately if they are not behaving as intended
• PacaTrader's safety controls and limits are software tools to assist you — they do not guarantee against losses and do not substitute for your own oversight

PacaTrader shall have no liability whatsoever for losses, costs, or damages of any kind arising from Automations you create or enable, including losses caused by bugs, misconfiguration, unexpected market behavior, or any other cause.

10. Prohibited Conduct

You agree not to use the Service to:

• Violate any applicable law, regulation, or exchange rule
• Engage in market manipulation, spoofing, layering, wash trading, or any other illegal trading practice
• Attempt to gain unauthorized access to any part of the Service or any other system
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service
• Scrape, harvest, or extract data from the Service in an automated manner without written permission
• Introduce malware, viruses, or other harmful code into the Service
• Impersonate any person or entity or misrepresent your affiliation
• Use the Service in any manner that could damage, disable, or impair its functioning
• Share your account credentials or allow others to access the Service through your account
• Use the Service in jurisdictions where it is prohibited

Violation of these prohibitions may result in immediate termination of your account and may expose you to civil or criminal liability.

11. Intellectual Property

All content, software, interfaces, designs, graphics, logos, text, and other materials comprising the Service are owned by or licensed to PacaTrader and are protected by applicable intellectual property laws. No ownership interest is transferred to you by these Terms or your use of the Service.

Subject to these Terms and payment of applicable fees, PacaTrader grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal, non-commercial trading activity.

You may not copy, modify, distribute, sell, sublicense, or create derivative works of any part of the Service without prior written consent from PacaTrader.

You retain ownership of any data you input into the Service (such as your trading rules or preferences). By submitting such data, you grant PacaTrader a limited license to use it solely to operate and improve the Service.

12. Disclaimer of Warranties

Market data, quotes, and account information displayed in the Service are provided for informational purposes only and may be delayed, inaccurate, or incomplete. You should not rely solely on information displayed in PacaTrader for trading decisions.

PacaTrader does not warrant that the Service meets your requirements or that its use will achieve any particular result.

13. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full. In such cases, PacaTrader's liability is limited to the maximum extent permitted by applicable law.

Specific acknowledgment: You expressly acknowledge that PacaTrader shall not be liable for any trading losses, margin calls, account deficits, or financial harm of any kind arising from your use of the Service, including losses caused by system downtime, order transmission errors, Alpaca API failures, Automation malfunctions, or data inaccuracies.

14. Indemnification

You agree to defend, indemnify, and hold harmless PacaTrader and its officers, directors, employees, contractors, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any applicable law, regulation, or exchange rule
• Any Automation you created, configured, or enabled
• Any order you submitted or caused to be submitted through the Service
• Your Alpaca account, trading activity, or positions
• Any dispute between you and any third party, including Alpaca
• Your infringement of any intellectual property or other right of any person or entity

PacaTrader reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with PacaTrader's defense of any such claim.

15. Third-Party Services & Links

The Service integrates with or links to third-party services, including Alpaca, Stripe, and market data providers. These third-party services are governed by their own terms and privacy policies. PacaTrader does not control and is not responsible for any third-party service, its availability, accuracy, content, or practices.

Your use of any third-party service is at your own risk. PacaTrader makes no representations or warranties about any third-party service and disclaims all liability arising from your use of them.

16. Termination

Termination by you. You may cancel your account at any time through account settings. Cancellation of a subscription does not entitle you to a refund for any unused portion of the billing period.

Termination by PacaTrader. PacaTrader may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, including if PacaTrader believes you have violated these Terms, if required by law, or for any business reason.

Effect of termination. Upon termination: (a) your license to use the Service ends immediately; (b) PacaTrader may delete your account data in accordance with the Privacy Policy; (c) provisions of these Terms that by their nature should survive (including Sections 3, 12, 13, 14, 17, and 18) will survive. Termination does not relieve you of any obligations incurred prior to termination.

No liability for termination. PacaTrader shall not be liable to you or any third party for any termination of your account or access to the Service, including any trading disruption resulting from account termination.

17. Dispute Resolution & Arbitration

Informal resolution. Before initiating formal proceedings, you agree to contact PacaTrader and attempt to resolve any dispute informally for at least 30 days.

Binding arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your use thereof — including questions of arbitrability — shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in the state of Delaware (or remotely if mutually agreed), and shall be conducted in English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class action waiver. YOU AND PACATRADER EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against PacaTrader.

Exceptions. Either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims relating to infringement of PacaTrader's intellectual property rights may be brought in court.

Opt-out. You may opt out of the arbitration agreement by notifying PacaTrader in writing within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.

18. Governing Law

These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Subject to the arbitration agreement above, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any disputes not subject to arbitration.

19. Changes to These Terms

PacaTrader reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date above and, where appropriate, notify you by email or in-app notification.

Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Service and cancel your account.

We encourage you to review these Terms periodically.

20. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and Risk Disclosure, constitute the entire agreement between you and PacaTrader regarding the Service and supersede all prior agreements or understandings.

Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

No waiver. PacaTrader's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer your rights under these Terms without PacaTrader's prior written consent. PacaTrader may assign its rights without restriction.

Force majeure. PacaTrader shall not be liable for any failure or delay resulting from circumstances beyond its reasonable control, including API outages, natural disasters, acts of government, or internet infrastructure failures.

No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.

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