Terms of Use
These Terms of Use ("Terms") are an agreement between you and TellHawk ("TellHawk", "we", "us"). They apply to tellhawk.com, the beta application form, the TellHawk research application at app.tellhawk.com, and the emails and other features we provide with them (together, the "Service").
Research only, not investment advice. TellHawk provides data and research tools for information and education. It does not tell you what to buy, sell or hold, and it does not know your circumstances. Data can be wrong or late, and backtested results are hypothetical. You are responsible for your own investment decisions.
1. Accepting these Terms
By using the Service, submitting a beta application or creating an account, you agree to these Terms and to our Privacy Policy, which explains how we handle personal information. If you do not agree, do not use the Service. If you use the Service on behalf of an organisation, you confirm that you are authorised to accept these Terms for it.
2. Eligibility
You must be at least 18 years old, or the age of majority where you live if that is higher, and able to form a binding contract. You may not use the Service where doing so would break the law that applies to you.
3. Research only, not investment advice
- Everything in the Service is general information provided for research and education. Nothing in it is investment, financial, legal, tax or accounting advice, or an offer, solicitation or recommendation to buy, sell or hold any security, derivative, currency or other financial product, or to follow any strategy.
- Scores, rankings, screens, signals, grades, regime labels, reports and similar outputs describe what the data shows. They are the same for every user and are not tailored to your financial situation, objectives or risk tolerance.
- TellHawk is not registered as a dealer, adviser, portfolio manager, broker-dealer or investment adviser with any securities regulator in Canada, the United States or elsewhere. Using the Service does not create an advisory, fiduciary or client relationship between you and TellHawk.
- TellHawk does not place trades, hold money or securities, or connect to your brokerage accounts.
- You alone are responsible for your investment decisions and their results. All investing involves risk, including the loss of the money you invest. Before acting, consider getting advice from a qualified, registered professional who knows your circumstances.
4. Hypothetical and backtested results
Backtests, replays, simulations and other model results shown in the Service are hypothetical. They are calculated by applying rules to historical data, with the benefit of hindsight, and do not reflect actual trading. They may not fully account for trading costs, taxes, slippage, liquidity, market impact or the effect of real money on decisions, and they depend on the quality and completeness of the underlying data. Past performance, whether actual or simulated, does not guarantee future results. A strategy that passes every test can still lose money.
5. Market data and third-party information
The Service draws on public records and third-party market data. We work to keep it accurate, but data can be incomplete, delayed, revised by its source or affected by errors in collection or calculation, and nothing in the Service is real time. We do not guarantee the accuracy, completeness or timeliness of any data, and we are not responsible for decisions made using it. Check anything important against the original source. The sources we use are listed, with the credit each asks for, on the Data sources page in the app. Naming a source does not mean it endorses TellHawk. Some data is provided under third-party licence terms, which may limit how you can use it.
6. Forward-looking information
Some content, such as economic calendars, estimates, projections, regime labels and model outputs, relates to the future. Such information is based on assumptions and data available at the time, is uncertain, and may prove wrong. Actual outcomes may differ materially. We have no obligation to update it.
7. Accounts and access
- Access to the app is by invitation. You sign in with your email address and a one-time code sent to it.
- Your account is personal to you. Do not share your access, let others use your account, or sign in on behalf of someone else. You are responsible for activity under your account and for keeping your email account secure.
- Give us accurate information and keep your email address up to date.
- Tell us promptly at hello@tellhawk.com if you believe someone has used your account without permission.
8. The beta programme
- Free during the beta. The beta is invite-only and free of charge. It is planned to run for about eight weeks; we may shorten or extend it. We will not charge you for the beta.
- Pre-release software. Beta features are still being developed. They may change, be limited or be removed at any time, may contain errors, and may behave differently from a finished product. Saved items such as strategies or settings may occasionally need to be reset.
- No service commitment. We do not commit to any level of availability, uptime, performance or support response time during the beta.
- What we ask in return. The beta is offered in exchange for helping us improve TellHawk. With your agreement, we record how the product is used, and we may ask you for feedback and short surveys, as described in our Privacy Policy.
- After the beta. When the beta ends, we may offer continued access on a free or paid plan. Some tools available free during the beta may be part of a paid plan afterwards.
9. Paid plans, billing and cancellation
The Service is currently free. When we introduce paid plans, these terms apply to them:
- Notice. We will tell you at least 30 days before any feature you use moves to a paid plan. You will never be charged unless you choose a paid plan and provide payment details.
- Prices and taxes. Prices are shown before you buy, in the currency stated, and do not include applicable taxes, which are added where required.
- Automatic renewal. Subscriptions renew automatically at the end of each billing period (monthly or yearly) at the then-current price until you cancel.
- Cancellation. You can cancel at any time from your account. Cancellation takes effect at the end of the current billing period, and you keep access until then.
- Refunds. Except where the law requires otherwise or we say so at the time of purchase, fees already paid are not refundable, including for partly used periods.
- Price changes. We will give you at least 30 days' notice of a price increase before it applies to your next renewal, so that you can cancel first.
- Payment processing. Payments are processed by Stripe under its own terms. If a payment fails, we may move your account to the free plan until it is resolved.
- Plan contents. We may change the features included in each plan. If a change materially reduces a paid plan you have already paid for, we will tell you, and you may cancel and receive a pro-rated refund for the unused part of the period.
10. Your licence to use the Service
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to access and use the Service for your own personal, non-commercial research and education. All rights not expressly granted to you are reserved.
11. Acceptable use
You agree not to:
- copy, sell, resell, license, redistribute, publish or broadcast data or content from the Service, or make it available to others, except for brief excerpts in personal, non-commercial discussion that credit TellHawk and the original source;
- use scrapers, crawlers, bots or other automated means to access, extract or download data from the Service, or download it in bulk, except through features we provide for that purpose;
- use the Service or its data to build or improve a competing product or database, or to train or develop machine-learning or artificial-intelligence models;
- reverse engineer, decompile, disassemble or try to obtain the source code of the Service, except to the extent the law allows despite this restriction;
- get around or interfere with security, sign-in, plan limits, rate limits or other technical controls, or use the Service in a way that could damage, overload or impair it;
- probe or test the Service for vulnerabilities without our written permission (please report suspected vulnerabilities to hello@tellhawk.com);
- upload malware, or send content that is unlawful, infringing, or that contains other people's personal information without their permission;
- use the Service to break any law, including securities laws, or to manipulate any market; or
- suggest that TellHawk endorses you or your products, or misrepresent your relationship with us.
12. Your content and feedback
- Your content. You keep ownership of what you submit, such as bug reports, screenshots, strategies you share with our team, survey answers and other messages. You give TellHawk a worldwide, royalty-free licence to use, copy, store and adapt that content to operate, support and improve the Service. We store and delete it as described in our Privacy Policy.
- Feedback. If you send us ideas, suggestions or other feedback about the Service, we may use them for any purpose, without restriction and without any obligation or payment to you. This permission continues after your account ends.
- Testimonials. We will only quote you publicly with your separate, explicit permission, which you can withdraw at any time. Withdrawal applies from then on.
- You confirm that you have the right to share what you submit, and that it does not include anyone else's confidential or personal information without their permission.
13. Our intellectual property
The Service, including its software, design, text, scores, rankings, reports, compilations of data and the TellHawk name and logo, is owned by TellHawk or its licensors and protected by intellectual property laws. Underlying data remains the property of its original publishers. These Terms do not give you any right to use our name, logo or trademarks.
14. Third-party services and links
The Service relies on third-party providers, for example for sign-in, email delivery and payments, and links to third-party websites such as news publishers and official data sources. We do not control those services or websites and are not responsible for their content, availability or practices. Your use of them may be subject to their own terms.
15. Disclaimer of warranties
To the fullest extent permitted by law, the Service and all data and content in it are provided "as is" and "as available", without warranties or conditions of any kind, whether express, implied or statutory, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, accuracy, timeliness, title and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free, or that any data is accurate or complete.
Some jurisdictions do not allow certain warranties to be excluded, so some of these exclusions may not apply to you.
16. Limitation of liability
To the fullest extent permitted by law, TellHawk and its owners, employees, contractors and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, trading or investment losses, loss of data or loss of goodwill, arising out of or relating to the Service or these Terms, however caused and even if we were told they were possible.
To the fullest extent permitted by law, our total liability for all claims arising out of or relating to the Service or these Terms is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the event giving rise to the claim and (b) US$100.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including any rights you have as a consumer that cannot be waived.
17. Indemnity
To the extent permitted by law, you agree to indemnify and hold harmless TellHawk and its owners, employees and contractors from claims, losses and reasonable costs, including legal fees, brought by a third party and arising from your breach of these Terms, your misuse of the Service, or your violation of any law or the rights of others.
18. Suspension and termination
- You may stop using the Service at any time, and you may ask us to delete your account as described in our Privacy Policy.
- We may suspend or end your access, with or without notice, if you breach these Terms, if we need to for security or legal reasons, if your payment fails, or when the beta ends. We may also discontinue the Service or any part of it. If we discontinue a paid plan you have already paid for, we will refund the unused part of the period.
- When your access ends, your licence to use the Service ends. Sections that by their nature should continue, including sections 3 to 6 and 12 to 21, continue to apply.
19. Changes to the Service and these Terms
We may change the Service and these Terms from time to time. We will post the updated Terms with a new date. If a change is material, we will tell you in advance by email or in the app and, where appropriate, ask you to accept the new Terms before you continue. If you do not agree to a change, stop using the Service and, if you have a paid plan, cancel it. Changes do not apply to disputes that arose before they took effect.
20. Governing law and disputes
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. Subject to the next sentence, the courts of the Province of Ontario have exclusive jurisdiction over any dispute arising out of or relating to the Service or these Terms, and you and we submit to their jurisdiction. If you are a consumer, nothing in these Terms takes away the protection of mandatory laws of the place where you live or your right to bring a claim in its courts where that law gives you one.
Before starting a legal claim, please contact us at hello@tellhawk.com so that we can try to resolve the issue informally. Most concerns can be resolved this way.
21. General
- Entire agreement. These Terms, our Privacy Policy and any terms shown to you when you buy a paid plan are the entire agreement between you and TellHawk about the Service and replace any earlier terms.
- Severability. If any part of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent allowed and the rest will remain in effect.
- No waiver. If we do not enforce a right, that is not a waiver of it.
- Assignment. You may not transfer your rights or obligations under these Terms. We may transfer ours in connection with a reorganisation, merger or sale of the Service, with notice to you.
- Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as outages of internet, hosting or data providers.
- Notices. We may send you notices by email to the address on your account or by posting them in the Service.
- Language. You and we have asked that these Terms and related documents be written in English.
22. Contact us
Questions about these Terms: hello@tellhawk.com. Privacy questions and requests: privacy@tellhawk.com. Our mailing address is available on request.