Magleby SystemsMagleby SystemsThese terms govern your use of the Magleby Systems website at maglebysystems.com, our application and booking pages, the calls we hold with you, and our client portal (together, the "Services"), provided by Magleby Systems LLC ("Magleby Systems", "we", "us"). By using the Services you agree to these terms and to our Privacy Policy. If you have signed a Service Agreement, Change Order, Maintenance Plan Agreement or Independent Contractor Agreement with us, that document governs the work it covers and controls over these terms wherever they differ.
We build software that executes trading rules our clients already have. We do not design trading strategies, we do not manage money, we do not give investment, financial, tax or legal advice, and we do not make any claim about the profitability of any strategy or system. Nothing on the Services, in a call, or in the portal is a recommendation to buy or sell anything, and nothing is a promise of returns. Trading carries substantial risk, including the loss of your capital. You are solely responsible for every trading decision, for the decision to run any system, for the capital you commit, for supervising the system in live markets, and for all results.
Our only warranty for any system we build is the one in the Service Agreement for that system: that it will conform to the specification recorded on your technical call. That warranty is about conformance, not about trading outcomes.
Our application asks about your trading in general terms so we can tell whether we can help. You agree that your answers are accurate. We may decline any application without giving a reason. Booking a call reserves a time with one of our systems engineers; a booking is not an agreement to build anything, and no work begins, and no price is binding, until a Service Agreement is signed. If you cannot make a call, please reschedule or cancel it through the links we send you.
Our calls with you are recorded and transcribed. By joining a call you consent to the recording. The recording and transcript of your technical call become the specification for your build under your Service Agreement, and we keep them as the record of what was agreed and make them available to you in your portal. If you do not consent to recording, tell us before the call and we will not proceed with a technical call, because we cannot scope a build without the record.
You do not need to reveal the rules, signals or parameters of your strategy to get a price. We scope from the shape of a strategy. A mutual non-disclosure agreement before the call is available on request, and every engagement includes confidentiality terms.
The portal is for our clients and team. An account is created from the email address on your record with us; you cannot sign up independently. You are responsible for your password, your authenticator app, and everything done from your account, and you agree to tell us at once if you believe it has been compromised. Two-factor authentication is required for every account and cannot be turned off. You may trust a browser for a period; sign out everywhere if you lose a device.
What you post in the portal is seen by the team on your project and by our administrators. Do not post anything you do not have the right to share. We may remove content that breaks these terms. We may suspend or close an account that is used in breach of these terms or of an agreement with us, and we will tell you why unless the law prevents it.
The portal is provided as part of our services and is not itself a product we sell; it may change, and features may be added or removed, without notice. We aim to keep it available but do not promise uninterrupted access.
You may sign in with Google or connect a Google Calendar. When you do, you authorize us to use the information Google provides as described in Section 5 of our Privacy Policy and for nothing else, and you can revoke that access at any time. Your use of Google's services is subject to Google's terms. If you connect a GitHub account or give us a GitHub username, you authorize us to invite that account to the repositories your agreement provides for.
By giving us your phone number you agree to receive text messages about your application, appointments, project and account. Message frequency varies and message and data rates may apply. Reply STOP to stop, HELP for help. Stopping texts may mean you miss time-sensitive information about your project; the emails your project requires continue. Marketing email is sent only with your consent and can be stopped with the unsubscribe link in any message. Our Privacy Policy has the full terms.
Prices are quoted on the call and fixed in writing in your agreement. Invoices are issued through our billing provider and are due as the agreement states; late amounts bear interest and collection costs as the agreement provides. If you pay through a financing or buy-now-pay-later provider, your obligations to that provider are your own. Maintenance plans are billed monthly in advance to the card on file and can be changed or cancelled from your portal as the Maintenance Plan Agreement provides. Refunds are available only as your agreement provides; the spec-fidelity guarantee is the only refund right for a build.
Your strategy is yours. Always. We do not trade it, test it for our own account, or give it to anyone.
Your system. Ownership of the code we build for you passes under your Service Agreement: the components that implement your strategy are assigned to you when the completion payment clears, and our general frameworks, integrations and tools are licensed to you for use in your system. Until the completion payment clears, no assignment or license is made.
Our Services. The website, the portal, our documents, our name, and everything on the Services that is not your content or your system are ours or our licensors', and are protected by copyright and trademark law. You may use them only as these terms allow. You may not copy, scrape, reverse-engineer or resell any part of the Services.
Reviews and feedback. If you give us a review, testimonial or feedback, you allow us to quote it, with your first name and last initial unless you agree to more, in our marketing.
You agree not to: use the Services for anything unlawful; try to access accounts, data or systems that are not yours; interfere with the Services or their security; upload malicious code; use the Services to build or run anything that violates a broker's, exchange's or platform's terms or the law; give us credentials that allow withdrawals or more access than a build needs; misrepresent who you are; or solicit or hire our team members or contractors outside our agreements. We may investigate and act on any breach, including by suspending access and, where the law requires, reporting it.
Your system runs on your own servers and connects to your own broker, exchange and data accounts. Those services are governed by their own terms; we are not responsible for their availability, their decisions about your account, or their fees. Our Services use providers for hosting, messaging, signatures, meetings, payments and file storage; we choose them with care but are not responsible for outages or losses they cause beyond what Section 12 provides. Links on our Services to other sites are for convenience; we do not endorse or control them.
EXCEPT FOR THE WARRANTY IN A SIGNED SERVICE AGREEMENT, THE SERVICES AND EVERYTHING ON THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE MAKE NO WARRANTY ABOUT TRADING RESULTS, MARKET OUTCOMES, OR THE PERFORMANCE OF ANY STRATEGY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGLEBY SYSTEMS AND ITS MEMBERS, TEAM AND CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST TRADING PROFITS, TRADING LOSSES, LOST DATA OR LOST OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, HOWEVER CAUSED AND EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANYTHING ARISING OUT OF THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF ONE HUNDRED US DOLLARS AND THE AMOUNTS YOU PAID US FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE IT. WHERE A SIGNED AGREEMENT SETS A DIFFERENT LIMIT FOR THE WORK IT COVERS, THAT LIMIT APPLIES TO THAT WORK. Some jurisdictions do not allow some of these limits; in those places they apply as far as the law allows.
You will defend and indemnify Magleby Systems against claims, losses and reasonable legal costs arising from your breach of these terms, your use of the Services in violation of law or of a third party's rights, the credentials and accounts you give us access to, or your trading.
These terms are governed by the laws of the State of Nevada, without regard to conflict-of-laws rules. Any dispute arising out of or relating to the Services or these terms that we cannot resolve between ourselves will be finally resolved by confidential binding arbitration seated in Las Vegas, Nevada, before a single arbitrator under the commercial rules of a recognized arbitration provider, on an individual basis and not as a class or representative action, and judgment on the award may be entered in any court with jurisdiction. Either party may nonetheless seek injunctive relief in court for misuse of confidential information or intellectual property. Where a signed agreement contains its own dispute clause, that clause governs disputes under that agreement.
These terms, our Privacy Policy, and any agreement you have signed with us are the entire agreement between us about the Services. If any provision is unenforceable, the rest remains in effect. Our not enforcing a provision is not a waiver of it. You may not assign these terms; we may assign them to a successor of our business. We may change these terms by posting the new version here with a new effective date; material changes will be announced to clients by email or in the portal before they take effect, and your continued use after that is acceptance. Notices to us go to support@maglebysystems.com; notices to you go to the email on your record or to your portal.
Magleby Systems LLC
838 Walker Road, Suite 21-2, DE178
Dover, Delaware 19904, United States
support@maglebysystems.com