Legal
Common terms
The terms that apply to every TARS™ INTEL subscription, at every tier.
1 · Application
These Common Terms apply to every subscription to TARS™ INTEL. They are read together with the terms for the applicable tier. Where a tier term conflicts with these Common Terms, the tier term prevails to the extent of the inconsistency.
"Provider" means (ABN ). "Subscriber" means the person or entity subscribing. "Platform" means TARS™ INTEL and all intelligence delivered through it.
2 · Subscription and access
CLAUSE 2.1Access is granted on payment and continues while fees are paid and these Terms are complied with.
CLAUSE 2.2Account credentials are personal to the Subscriber and must not be shared, transferred or made available to any other person. Access is licensed per named subscriber, not per organisation, unless a written contract states otherwise.
Nature of the service
CLAUSE 3.1The Platform provides market intelligence. It does not provide personal financial advice, investment advice, or a recommendation to acquire or dispose of any financial product or digital asset.
CLAUSE 3.2The Provider does not consider the Subscriber's objectives, financial situation or needs. No advisory, fiduciary or agency relationship is created by these Terms or by the Subscriber's use of the Platform.
CLAUSE 3.3All decisions taken by the Subscriber are taken independently and at the Subscriber's sole risk. Past performance, whether of the Platform, of any setup category, or of any recorded call, is not a guide to future performance.
4 · Fees
Fees for each tier are set out in the applicable tier terms. All fees are in United States dollars and exclude tax. Fees may be revised on thirty days' written notice; a revision does not affect the fee for an annual contract already in force.
5 · Availability
CLAUSE 5.1The Platform is provided on a commercially reasonable availability basis. The Provider does not warrant uninterrupted or error-free operation.
CLAUSE 5.2The Platform depends on third-party market data sources. The Provider does not warrant the accuracy, completeness or timeliness of third-party data and is not liable for any fault, delay or interruption originating with a data source or infrastructure provider.
CLAUSE 5.3Scheduled maintenance will be notified where practicable.
6 · Permitted use
The Subscriber may use the Platform for its own internal decision-making. The Subscriber must not:
- redistribute, resell, sublicense or publish any output;
- create any derivative product, index, signal or service from any output;
- reverse-engineer, decompile or attempt to derive the methodology underlying any output;
- use automated means to extract output beyond ordinary use of the interfaces provided;
- share, transfer or make available account credentials or API keys; or
- use the Platform in breach of any law applicable to the Subscriber.
7 · Confidentiality
All Platform output, methodology, and documentation is confidential information of the Provider. The Subscriber must keep it confidential, use it only as permitted, and not disclose it to any third party without written consent. This obligation survives termination.
8 · Liability
CLAUSE 8.1To the maximum extent permitted by law, the Provider's total aggregate liability arising from or in connection with the Platform is limited to the fees paid by the Subscriber in the twelve months preceding the event giving rise to the liability.
CLAUSE 8.2The Provider is not liable for any trading loss, lost profit, lost opportunity, or indirect or consequential loss however arising.
CLAUSE 8.3Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where liability can be limited, it is limited to resupply of the service or payment of the cost of resupply.
Service monitoring and variation
CLAUSE 9.1The Provider monitors Platform and API usage on a continuous basis for service integrity, capacity management, and compliance with these Terms. Monitoring is automated and forms part of ordinary service operation.
CLAUSE 9.2Where usage is inconsistent with the Permitted Use, with the attestations given at subscription, or with the Subscriber's stated purpose, the Provider may vary, rate-limit, suspend or terminate access on written notice. The Provider is not required to observe a fixed review interval before exercising this right.
CLAUSE 9.3Rate limiting applied for capacity or integrity reasons is a service-quality measure and does not of itself constitute notice of breach.
CLAUSE 9.4Telemetry collected for this purpose is retained for days and is described in the Privacy Policy.
Intellectual property
CLAUSE 10.1The Platform, the scoring engine, the methodology, the metric architecture, the setup taxonomy, the Override layer and all derived intelligence are the exclusive property of the Provider. Nothing in these Terms transfers, licenses or assigns any right, title or interest in that material.
CLAUSE 10.2The engine is executed exclusively on Provider-controlled infrastructure. The Subscriber receives derived outputs only. No part of the engine is delivered to, executed on, or made available to the Subscriber's systems at any tier.
CLAUSE 10.3The Subscriber must not reverse-engineer, decompile, reconstruct, or attempt to derive the methodology underlying any output, whether by inspection, statistical inference, systematic sampling, or otherwise.
CLAUSE 10.4The Subscriber must not redistribute, resell, sublicense, publish or make available to any third party any output, in original or modified form, nor create any derivative product, index, signal or service from it.
11 · Termination
CLAUSE 11.1The Subscriber may cancel at any time. Cancellation takes effect at the end of the paid period.
CLAUSE 11.2The Provider may terminate immediately on written notice where the Subscriber breaches clause 6, clause 7, or clause 10, or where an attestation given was untrue when given.
CLAUSE 11.3On termination, access ceases and the Subscriber must destroy all output in its possession. Clauses 7, 8 and 10 survive.
12 · General
These Terms are governed by the law of , and the parties submit to the non-exclusive jurisdiction of its courts. The Provider may amend these Terms on thirty days' notice. If a provision is unenforceable it is severed without affecting the remainder.