Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website at prodeskapps.com and the software, applications and services provided by ProDesk Apps ("ProDesk", "we", "us" or "our"), including RiskDesk, OptionsDesk and HedgeDesk (together, the "Service"). The HedgeDesk Terms of Use (EULA) apply specifically to the HedgeDesk application, including its auto-renewable subscription terms.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. The Service

ProDesk builds specialist productivity software that helps traders analyse markets and make better-informed decisions — including risk management, position sizing, options strategy analysis, volatility modelling, scenario analysis and trade journaling. The Service provides tools, calculations, models and visualisations based on inputs and data available to it.

Outputs from the Service are for informational and educational purposes only. Models and calculations rely on assumptions and data that may be incomplete, delayed or inaccurate, and results are not guarantees of any outcome.

2. No financial advice

Nothing in the Service constitutes financial product advice, investment advice, a recommendation, or an offer or solicitation to buy or sell any financial product. We do not consider your personal objectives, financial situation or needs.

You should consider whether the Service is appropriate for you and, where relevant, obtain independent professional advice before making any financial decision. Any decision you make using the Service is made at your own risk and is your sole responsibility.

3. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements and that the information you provide is accurate and current.

4. Accounts and access

Where the Service requires an account or a licence, you agree to:

• Provide accurate registration information and keep it up to date;
• Keep your credentials confidential and secure;
• Be responsible for all activity that occurs under your account; and
• Notify us promptly of any unauthorised use or security breach.

Licences to use our software are personal to you and non-transferable unless we agree otherwise in writing.

5. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in breach of any applicable law or regulation;
• Copy, modify, distribute, sell, sub-licence, reverse-engineer or attempt to derive the source code of the Service, except to the extent permitted by law;
• Circumvent, disable or interfere with security, licensing or access-control features;
• Use automated means to access the Service in a way that imposes an unreasonable load or disrupts its operation;
• Introduce malware or any harmful code; or
• Use the Service to infringe the rights of others.

6. Intellectual property

The Service, including all software, designs, text, graphics, logos, the ProDesk name and marks, and all related intellectual property, is owned by or licensed to ProDesk Apps and is protected by law. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for its intended purpose.

No rights are granted to you other than as expressly set out in these Terms. You must not use our branding without our prior written consent.

7. Third-party data and services

The Service may incorporate or link to data, content or services provided by third parties, including market data. We do not control and are not responsible for third-party content or services, and their availability, accuracy and timeliness are not guaranteed. Your use of any third-party service may be subject to that party's own terms.

8. Your data

You retain ownership of the data and content you input into the Service. You grant us the limited rights necessary to operate and provide the Service to you. Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

You are responsible for maintaining your own records and backups of important data.

9. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement.

We do not warrant that the Service will be uninterrupted, error-free or secure, that defects will be corrected, or that any output, model or calculation will be accurate, complete or suitable for your purposes. Past performance is not indicative of future results, and no result or profit is promised or guaranteed.

10. Limitation of liability

To the maximum extent permitted by law, ProDesk Apps and its officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential or exemplary loss, or for any loss of profits, revenue, trading losses, data or goodwill, arising out of or in connection with your use of, or inability to use, the Service — even if we have been advised of the possibility of such loss.

To the extent our liability cannot be excluded but can be limited, our total aggregate liability arising out of or in connection with the Service is limited, at our option, to re-supplying the relevant part of the Service or paying the cost of having it re-supplied, or to the amount you paid us for the Service in the twelve months before the event giving rise to the liability.

11. Australian consumer rights

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where such rights apply, our liability is limited to the extent permitted by that law. The exclusions and limitations in these Terms apply only to the extent permitted by applicable law.

12. Suspension and termination

We may suspend or terminate your access to the Service at any time if you breach these Terms, if required by law, or to protect the Service or other users. You may stop using the Service at any time. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability and governing law — will survive.

13. Changes to the Service and Terms

We may modify, suspend or discontinue any part of the Service, and we may update these Terms from time to time. When we update these Terms, we will revise the "Last updated" date above. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Governing law

These Terms are governed by the laws of Australia. You submit to the non-exclusive jurisdiction of the courts of Australia and courts competent to hear appeals from them in respect of any dispute arising out of or in connection with these Terms or the Service.

15. Contact

Questions about these Terms can be sent to:

• ProDesk Apps
• Email: hello@prodeskapps.com

See also our Privacy Policy.