This Agreement is made and entered into by TRADExperts and the party executing an Order for the Data (“Subscriber“) as of the date of the Order. This Agreement sets forth the terms and conditions under which TRADExperts will provide Subscriber with access to and use of the Data. Each Order is subject to the terms and conditions of this Agreement.

All updates, modifications, and enhancements to the Data and all Data subsequently purchased by Subscriber under an Order, are subject to the terms and conditions of this Agreement. By executing an Order on The Website, Subscriber agrees to be bound to the terms and conditions herein.

1.          Definitions

“Agreement” refers to this Data Subscription Agreement and future updates, if any.

“The Website” means this web portal operated by TRADExperts located at https://thetradexperts.com.

“Cloud Services” means the cloud computing services offered by Amazon Web Services, Inc. and Google Inc.

“Confidential Information” means any business or personal information of Discloser or its affiliates, whether provided in written, electronic, oral or any other form, that:

(i) is clearly marked or identified as “confidential” or “proprietary” at the time of disclosure;

(ii) Recipient knows or reasonably understands to be the confidential or proprietary information of Discloser or its affiliates; or

(iii) belongs to one of the following categories: all forms of Data provided for the purpose of this Data Subscription Agreement.

“Data” means TRADExperts’s proprietary datasets for the Order, including any revisions, updates, modifications and additional data, made available through The Website.

“Discloser” means the party disclosing, or on whose behalf its Representatives are disclosing the Confidential Information.

“Employee” means any non-terminated personnel of Subscriber or its affiliates, including without limitation full-time, part-time, casual, fixed-term, commission, trainee and probationary employees and contractors, whether active or inactive, authorized by Subscriber to access and use the Data as permitted under this Agreement.

“Ownership Rights” means full rights and licensing for the usage, processing, transfer and storage of Data.

“Order” means the Subscriber’s executed order for a paid Data subscription, as set forth in The Website and subject to the terms and conditions of this Agreement.

“Recipient” means the party receiving, or on whose behalf its Representatives are receiving, Confidential Information.

“Representatives” means, with respect to a party, the directors, officers, employees, subcontractors, and agents (including, without limitation, attorneys, accountants, and auditors) of the party and its affiliates.

“Subscription” means Subscriber’s purchase of Data listed and provided by TRADExperts on The Website under the terms of this Agreement and the Order.

“TRADExperts” means the party that is entering into this Agreement with Subscriber.

2.          Subscription

• Subject to the terms of this Agreement and payment of fees where applicable according to the Order, TRADExperts will make the Data available to Subscriber, and Subscriber will receive the Data as set forth in the Order in accordance with this Agreement. A Subscription, as described in the Order, is Data provided on The Website which is downloaded via Amazon Simple Storage Service (S3) and Google Cloud Storage (GCS) Cloud
• The term of Subscription will be set forth in the
• Subscriber shall pay the applicable fees according to the Order of each The payment date and method shall be as defined by The Website. Subscriber will provide the information required for the Order in accordance with the usage instructions on The Website. The Subscription is subject to TRADExperts’ Data Subscription Agreement and Terms Of Service.

3.           License

• TRADExperts grants Subscriber license to use Data solely for the internal business purposes of Subscriber, on a royalty-free basis with no transfer or sub-licensing.
• Subscriber cannot claim any rights to reproduce beyond the scope of the rights to use the original Data herein and cannot allow any Representatives of Subscriber to claim any
• If Subscriber is a corporate or a legal entity, the Data may be used only by the relevant team of Subscriber’s Representatives and However, Subscriber is fully responsible to TRADExperts for the actions of its Representatives and Employees in connection with usage of the Data.
• Subscriber may disclose, present, or publish samples of the Data for academic or research purposes, but not for sale or commercial purposes. This may be allowed if TRADExperts is provided with a copy of the proposed sample at least fifteen (15) days before the date of such publication.
• TRADExperts may object to a proposed publication of its Data on any grounds such as

• actions not subject to the terms of the license;
• conflicting Confidential Information to the version provided by TRADExperts; or
• personal information that might further identify an individual beyond what was provided in the original Data.
  • Where TRADExperts presents any objection as provided for in this Section, Subscriber will immediately remove from the Data any information that TRADExperts reasonably deems to be objectionable before it can be published by Subscriber.

4.          Restrictions

• Subscriber, its affiliates, Representatives and Employees may not permit any person or entity to:

• resell, transfer, make available, or allow the use of the Data, directly or indirectly, by any person who is not authorized under this Agreement or by any third party;
• make any component of the Data available as a loan, rental, barter, time sharing or similar transactional arrangements;
• share this Subscription with a different entity other than the designated Subscriber;

• export or transfer the Data except in compliance with all applicable data transfer laws, restrictions, and regulations;
• to the extent the Data is provided in a manner that does not identify an individual directly; use the Data to create, generate, or infer any additional information relating to the identity of an individual; or
• remove, overprint, deface, obfuscate, or change any notice of confidentiality, editing restriction, copyright, trademark, logo, legend, or other notices of ownership or rights to the

5.          Termination

• This Agreement shall commence on the Order date and continue until the Subscription has expired or is otherwise canceled or terminated in accordance with the
• Each Order will specify the duration of the initial term for that Subscription. Upon expiration of the initial term, the Subscription will automatically renew for another term, with the same duration as that of the expired term; unless the Subscription is canceled or terminated or unless otherwise stated in that Order.
• Subscriber may cancel or terminate Subscription at any time using the cancellation or termination option through the The Website. TRADExperts will not provide Subscriber any refund of fees, even if the Subscription term has not
• TRADExperts may cancel, terminate or suspend Subscriber’s access to the Subscription if TRADExperts has reason to believe Subscriber is in breach of any obligation or restriction under the
• TRADExperts reserves the right to carry out an audit of its data usage by Subscriber at any time. This will be requested only if there is reason to believe a violation of this Agreement has taken place.

                Subscription will resume after the breach of agreement has been corrected and confirmed accordingly. TRADExperts will not be liable to Subscriber during the suspension period of the Subscription.

6.          Confidentiality

• Each party agrees that Confidential Information shall be maintained without disclosures, except if expressly permitted and stated in the Agreement. Recipient cannot copy or disclose Discloser’s Confidential Information except to its Representatives who need to know the Confidential Information in order to perform under this Agreement.

            Recipient and its Representatives may use Confidential Information only in connection with this Agreement. Recipient will protect Discloser’s Confidential Information with the same level of care it uses to protect its own proprietary Confidential Information. Each party shall promptly inform the other party of any unauthorized disclosure of, or access to, the other party’s Confidential Information.

• The limitations on the disclosure and use of Confidential Information will not apply if the Confidential Information:

• was already known to Recipient, other than under an obligation of confidentiality, at the time of disclosure by Discloser;
• was or becomes available to the public through no fault of Recipient or its Representatives; or
• was lawfully received from a third party who rightfully acquired it and did not obtain or disclose it in violation of any confidentiality agreement.
  • Subscriber will be required by TRADExperts to respond within fifteen (15) days, regarding requests by data subjects for deletion of their personal information. Further confirmation of action taken to expunge the personal data must be communicated to TRADExperts within forty five (45) days.
  • One party’s breach of these confidentiality obligations may cause the other party to suffer irreparable harm for an amount not easily ascertained. The parties agree that, upon any actual breach of a party’s confidentiality obligations, the aggrieved party will be entitled to seek appropriate compensation or relief in addition to whatever remedies it might by awarded by the
  • If Recipient is required by law to provide Discloser’s Confidential Information, Recipient may do so. But first, if legally permissible, Recipient will provide Discloser with prompt notice of the required disclosure so that both Discloser and Recipient may jointly seek to contest or limit such

7.          Ownership

• This Agreement does not grant Subscriber any proprietary rights, implied or otherwise, to the Data provided by TRADExperts and governed by this Data Subscription Agreement. TRADExperts owns all Ownership Rights to the

• If Subscriber provides feedback to TRADExperts, including modifications, suggestions, recommendations, and similar requests towards the use of TRADExperts’ Data, Subscriber hereby grants TRADExperts the freedom to apply the feedback without obligation or restriction of any kind on account of ownership

8.          Disclaimers

• Subscriber agrees and acknowledges that the Data is provided “as is.” Any risk that results from using the Data with gross negligence, willful misconduct, or outside the terms of this Agreement is entirely the Subscriber’s. TRADExperts, its affiliates, employees, agents, and licensors hereby categorically disclaim any losses or liabilities, express or implied; which may arise from the wrongful use of the Data.
• TRADExperts will not accept any responsibility for the consequences resulting from Subscriber’s use of the Such consequences may be based on errors or omissions made through human input, transfer of the Data to or from the wrong source to destinations, the failure of devices or machines storing or processing the Data, etc.
• TRADExperts will not be liable to Subscriber for any damages for lost profits, whether foreseen or unforeseen; resulting from the terms of this Agreement. Under this Data Subscription Agreement, the total liabilities of such damages will not exceed the total amount of fees received by TRADExperts from the Subscriber for a subscription term of up to one (1) year.

9.          Notices

All notices, permissions and approvals herein will be in writing and shall be deemed to have been given:

• when acknowledged and verified by a live phone call with the Subscriber or Representative; or
• when verified by automated receipt or electronic logs if sent by email, provided e-mail will be sufficient for notice of breach, termination or indemnifiable claim.

Notices to Subscriber will be sent to the contact designated in the Subscription’s Order and TRADExperts will rely on that electronic, phone or physical address until Subscriber gives TRADExperts provides alternative contact addresses.

Notices to TRADExperts will be sent to the Legal and Compliance Officer via this email: clo@thetradexperts.com.

10.       Conclusion

• This Data Subscription Agreement supersedes all oral or written negotiations and discussions of the parties. It also constitutes the entire agreement between the parties with respect to the subject matter hereof. No modification, amendment, supplement, or waiver of any of the provisions hereof shall be binding upon any party hereto unless made in writing and signed by a duly authorized representative of each party hereto.

Notwithstanding any language to the contrary therein, no other conditions issued by Subscriber or any third party to TRADExperts in connection with this Agreement to modify, alter or expand the rights, duties or obligations of the parties herein, will be acceptable.

• This Agreement is binding on the parties hereto and their respective successors and permitted It is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.

The parties agree that there are no third-party beneficiaries to this Agreement. The relationship established between the parties by the Agreement is that of independent contractors, and nothing contained in the Agreement shall be construed to:

• give either party the power to direct and/or control the day-to-day activities of the other;
• constitute the parties as partners, joint venture partners, co-owners or otherwise as participants in a joint or common undertaking; or
• allow a party to create or assume any obligation on behalf of the other party for any purpose whatsoever, except as contemplated by the

• The validity, interpretation and enforceability of this Agreement shall be governed by the laws of the State of Wisconsin, United States. The parties hereby submit to the legal jurisdiction of the State and Federal courts located in the State of Wisconsin, United States.

The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are expressly excluded. If any provision hereof shall for any reason be declared as void or illegal, the enforceability of the Agreement or any other provision hereof will not be affected. In addition, the parties agree that such void or illegal provision shall be construed in a manner designed to effectuate its purpose to the fullest extent enforceable under applicable law.

The headings in the Agreement are for reference purposes only, and will not affect the meaning or construction of the terms and conditions. The Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision.

• Except where expressly stated otherwise, all remedies are cumulative and in addition to and not in lieu of any other remedy the party may have at law or in equity. In the event of any litigation of any controversy or dispute arising out of or in connection with the Agreement, its interpretations, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and/or costs.
• Neither party shall be responsible for any delay or failure in performance resulting from acts beyond its reasonable control to the extent that such acts could not have been prevented. These include act of God, act of war or terrorism, riot, epidemic, fire, flood, or act of government.

Last updated on: 31 July, 2023.