ErkeScan.com
Terms and Conditions
Last Updated
Welcome to ErkeScan.com, a crypto-market analytics service operated by TR8D3R LLC ("we," "us," or "our"). By accessing or using our website and services (the "Services"), you agree to comply with and be bound by the following Terms and Conditions (these "Terms"). Please read them carefully, including the arbitration agreement and class-action waiver in Section 24, which affect how disputes are resolved.
1. Acceptance of Terms
You accept these Terms and our Privacy Policy by clicking or tapping an “I agree” (or equivalent) control when you create an account, complete a purchase, or activate a subscription, and by accessing or using the Services. Where we present such a control, we retain a record of your acceptance, which may include the version of the Terms accepted, the date and time, and your IP address. If you do not agree, do not create an account, make a purchase, or use the Services. Your continued use of the Services constitutes acceptance of these Terms in their entirety.
Electronic Communications and Signatures. You consent to transact electronically. Your click, tap, or check of an “I agree” control is your electronic signature, with the same legal effect as a handwritten signature under the U.S. E-SIGN Act and applicable UETA. You may request a paper copy of any record by emailing support@erkescan.com, and you may withdraw consent to electronic records by ceasing use of the Services.
2. Eligibility and Capacity
You represent and warrant that you are at least 18 years old (or the age of majority where you reside, if higher) and have the legal capacity to enter into this agreement. The Services are not offered to anyone under 18. We may suspend or terminate accounts under Section 6 if we believe you do not meet these requirements.
3. Sanctions, Export Controls, and Lawful Use
You represent and warrant that you are not located in, ordinarily resident in, organized under the laws of, or a national of any country or region subject to comprehensive U.S. or other applicable sanctions (including embargoes administered by the U.S. Office of Foreign Assets Control (OFAC)), and that you are not on, or 50% or more owned or controlled by any person on, the OFAC Specially Designated Nationals list or any EU, UK, UN, or other applicable restricted-party list. You will not use the Services or make any payment in violation of applicable sanctions, anti-money-laundering, or export-control laws.
We may, but are not obligated to, screen accounts and payments, and we may refuse, restrict, suspend, terminate, or reverse access or any transaction, with or without notice and without liability, to comply with applicable law or to prevent sanctions evasion, fraud, or other prohibited activity. Where applicable law prohibits returning a payment to a restricted person, that payment may be blocked or withheld as required by law.
4. Changes to These Terms
We may update these Terms. For material changes, we will give at least 14 days’ advance notice by email and/or a conspicuous in-product or on-site notice before they take effect. Material changes apply prospectively only and do not affect any dispute that arose before the effective date. If you do not agree to a material change, you may cancel before it takes effect; where permitted by law, continued use after the effective date constitutes acceptance. Non-material changes (clarifications, contact details, corrections) take effect on posting with an updated “Last Updated” date.
Any change to the arbitration agreement, class-action waiver, or jury-trial waiver in Section 24 will not apply to any claim of which we had notice on the effective date, and you may reject such a change by written notice to support@erkescan.com within 30 days, in which case the prior version of Section 24 governs.
5. Description of Services
ErkeScan provides crypto-market analytics and information tools, which may include: a real-time crypto futures screener and charts; customizable and automated alerts and signals (including the Alpha Pulse and premium Signal Alerts categories) delivered via the web app and Telegram; a trading journal that can import your trade history via a read-only exchange API key you provide; an upcoming copytrading feature (Section 8); and optional access to a closed community (Section 9). Performance and track-record information is addressed in Section 14.
Read-only exchange API keys. If you connect a read-only exchange API key, you authorize us to use it solely to import your trade data for analytics. You are responsible for provisioning keys without trading or withdrawal permissions, and you may revoke access at any time from your exchange.
We may add, modify, suspend, or discontinue any feature at any time without prior notice or liability; provided that, where we permanently discontinue a paid Service for which you hold a remaining prepaid term, the pro-rata credit-or-refund remedy in Section 6 applies.
6. Account Registration, Suspension, and Termination
To access certain features you must register for an account. You agree to provide accurate and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
For-cause suspension or termination. We may suspend or terminate your account immediately and without prior notice for cause, including where we reasonably believe you have breached these Terms or engaged in fraud, abuse, market manipulation, unlawful activity, a bad-faith chargeback, or created a security, legal, or operational risk.
Effect of for-cause termination; forfeiture as breach consideration. Where we terminate for cause under this Section — including for scraping, automated collection, resale, redistribution, relay, account- or credential-sharing, or other breach of Section 10 (Acceptable Use) — you forfeit any remaining prepaid portion of your then-current term with no refund, credit, or compensation, and any fees paid or due for that term are retained by us as agreed consideration for the harm caused by, and our enforcement against, your breach, and not as a penalty. This forfeiture applies only to termination for cause; the pro-rata credit-or-refund remedy for no-cause termination in this Section is unaffected. Nothing in this paragraph deprives a consumer of any non-waivable right under the mandatory law of the country in which the consumer resides.
Human review of permanent enforcement decisions. A permanent termination for abuse (for example, confirmed scraping or resale) is not made by automated means alone. Before a permanent termination takes effect, a human reviews the specific evidence attributed to your account and records a stated ground for the decision. You may contest the decision by emailing support@erkescan.com within 30 days, stating your account and the grounds for your objection; a human who was not the original decision-maker will re-review and respond. This does not limit our right to impose an immediate, reversible protective suspension where we reasonably suspect account compromise or an ongoing security risk, which is lifted on successful re-verification of your identity.
No-cause termination; remedy. For a suspension or termination that is not for cause, we will give reasonable advance notice and, where the issue is curable, a reasonable opportunity to cure. If we terminate without cause, or permanently discontinue a paid Service to which you hold a prepaid term, we will, at our option, restore access or provide a credit or refund for the unused, prepaid portion of your then-current term, calculated pro rata. This is your sole and exclusive remedy for a no-cause termination or discontinuation.
7. Subscription, Payment, and Renewal
Subscription Plans. We offer subscription plans (for example, monthly, 3-month, and 12-month terms). The plans, features, and current prices are shown on our website.
Payment Methods. We accept payment through one or more third-party payment processors made available at checkout. Cryptocurrency payments are processed by CryptoCloud (whose checkout may be presented under the TryBit brand). Card payments (for example, Visa and Mastercard), where offered at checkout, are processed by Stripe. We may add, remove, or change payment methods and processors at any time; the available methods and the processor handling your transaction are shown at checkout. By paying, you agree to the applicable processor’s own terms. You are responsible for any network, processing, or currency-conversion fees. We do not store full card numbers; card data is tokenized by the card processor.
Cryptocurrency Payments and Mis-Send Risk. Cryptocurrency transactions are settled on a public blockchain, are subject to network confirmation times and fees beyond our control, and are irreversible once confirmed. You are solely responsible for sending the correct amount, in the correct asset, on the correct network, to the address provided, within any time window or quotation period shown at checkout. We are not responsible for losses or delays from underpayment, overpayment, sending an unsupported or incorrect asset, using the wrong network, or sending to an expired or incorrect address; any recovery is subject to the payment provider’s policies, which we do not control. The fiat-equivalent amount is set at checkout using the provider’s then-current rate, and you bear the risk of price fluctuation between quotation and settlement.
Card Payments — One-Time Per Term. This subsection applies when you pay by card at checkout. By submitting card details you authorize us and our card processor to charge the one-time amount shown at checkout for the term you select. Card payments may require Strong Customer Authentication (for example, 3-D Secure) and may be declined or delayed by your bank, card network, or processor; if a payment cannot be completed, we may suspend or downgrade access until it is resolved.
CARD PAYMENTS ARE ONE-TIME PER TERM AND DO NOT AUTO-RENEW. YOUR CARD IS CHARGED ONCE FOR THE TERM YOU SELECT; WE DO NOT STORE YOUR CARD FOR FUTURE CHARGES OR BILL YOU AGAIN AUTOMATICALLY. YOUR ACCESS CONTINUES FOR THE PAID TERM, AND TO EXTEND IT YOU MUST RENEW MANUALLY BY MAKING A NEW PAYMENT BEFORE OR AFTER IT ENDS.
Because card payments are one-time and do not auto-renew, there is no recurring charge to cancel; your access simply continues until the end of the term you paid for and then lapses unless you renew. We may send you a reminder before your term ends so you can choose to renew, but you are under no obligation to do so and no charge occurs without a new payment you initiate. Cryptocurrency payments are likewise one-time per term and do not auto-renew.
Pricing and Price Changes. The price you paid for a term you have already purchased is fixed for that term; we will not increase the price of a term you have already paid for. Because payments are one-time and do not auto-renew, a price change never affects a term you have already bought — it can only apply to a new purchase you choose to make. We may change prices for new purchases at any time; the current price is always shown on our website and at checkout before you pay, so you see and confirm it each time you renew. Current prices are shown on our website.
Taxes. Prices are exclusive of taxes unless stated. You are responsible for any sales, use, VAT, GST, or similar taxes associated with your purchase, except taxes on our net income. Where we are required to collect such taxes, they will be calculated and added at checkout and shown before you pay. We will provide a receipt or invoice on request.
Fees and Refunds. Except where a refund or other remedy is required by applicable law or by the rules of the payment method you used, subscription fees are non-refundable and are charged in advance for the selected term; we do not provide partial or prorated refunds for unused portions of a billing period. We do not provide refunds for change of mind, dissatisfaction, signal performance, or trading or investment outcomes.
Where we determine in good faith that (i) a billing error such as a duplicate charge, (ii) a failure of paid access to activate, or (iii) a prolonged service outage attributable to us has occurred, we may, in our discretion and as your sole and exclusive remedy, issue a service credit or extend your subscription by an equivalent period in lieu of a monetary refund. Doing so in one instance does not obligate us in any other. For card payments, please contact us before initiating a chargeback so we can resolve the issue. Nothing in these Terms waives any non-waivable statutory consumer-protection right that applies to you (see the EU/EEA and UK consumer subsection below).
Cancellation. Because all payments are one-time and do not auto-renew, there is no recurring charge to cancel and no cancellation step is required: your access simply continues until the end of the term you paid for and then lapses unless you choose to renew. If you no longer wish to use the Services, you may let your term lapse, or close your account at any time through your account settings or by emailing support@erkescan.com — online, without contacting support by phone, and with no step more burdensome than sign-up. Except as required by applicable law, by the rules of your payment method, or under Section 6 (no-cause termination or discontinuation), we do not provide partial or prorated refunds for unused time.
EU/EEA and UK Consumers — Right of Withdrawal. This subsection applies only if you purchase as a consumer resident in the EU/EEA or the UK, and it prevails over the refund provisions above to the extent of any conflict. Under EU/UK consumer law you normally have 14 days to withdraw from a distance purchase of digital content or digital services; our subscriptions provide immediate access. Therefore, at checkout, before purchase completes and before access begins, you will be asked to (i) expressly request that we begin supplying the digital content and services immediately during the 14-day period, and (ii) acknowledge that, as a result, for digital content you lose the right of withdrawal once supply has begun, and for digital services you may withdraw while the service is being supplied but will be charged for the proportion already supplied and lose the right once the service is fully performed. We will confirm your consent and this acknowledgment on a durable medium (for example, the order-confirmation email). If you do not give this consent, we may delay access until the 14-day period ends, or you may withdraw within 14 days for a refund (less, for services already supplied at your request, the proportionate value supplied). For crypto payments, any refund equals the fiat amount charged at checkout and is paid to the originating wallet in cryptocurrency of equivalent value at the time of refund (or by another method you agree to), so that you receive no less than the fiat amount you paid. Nothing here limits any non-waivable statutory consumer right.
Immediate access to digital content; consent and effect on withdrawal. The Services are digital content and digital services supplied immediately on activation. Where you have a statutory right to withdraw or cancel (for example, EU/UK consumers under the Consumer Rights Directive as implemented locally), you expressly request that we begin supplying the Services immediately, before any withdrawal period ends, and you acknowledge that once supply has begun you lose the right to withdraw for the digital content already supplied. At checkout you confirm this request and acknowledgment before payment. This paragraph is subject to the “EU/EEA and UK Consumers — Right of Withdrawal” subsection above, which prevails to the extent of any conflict, including its separate treatment of digital services (for which you may withdraw while the service is being supplied, paying for the proportion already supplied, and lose the right once the service is fully performed). This does not affect any non-waivable right you retain under the mandatory law of the country in which you reside.
8. Copytrading (Upcoming Feature)
NOT YET AVAILABLE. Copytrading is an upcoming feature that is NOT currently available. References to copytrading on our website or in marketing materials describe planned functionality. The terms in this Section take effect only if and when copytrading is made available, and ErkeScan may modify, delay, or never release the feature at its sole discretion.
DESCRIPTION. If launched, copytrading will allow you, at your election, to link your own third-party exchange account to an ErkeScan-designated master account so that trades opened on the master account may be automatically duplicated on your account according to risk settings you select. You will execute all trades on your own exchange using your own funds and your own exchange API credentials. ErkeScan never holds, receives, transmits, or has access to your funds or those of any other user; copytrading transmits only trade signals to your own exchange account, which you fund and control directly. You grant only a limited, automated authorization to replicate the master account’s trades according to the risk parameters you set; ErkeScan does not take custody of your funds, does not act as a broker-dealer, investment adviser, commodity trading advisor, commodity pool operator, or money transmitter, does not operate any pool, does not manage your account, does not act on your individual circumstances, and does not exercise investment discretion tailored to you.
NO ADVICE. Like all other ErkeScan content, copytrading and any duplicated trades are impersonal and informational only and do not constitute personalized financial, investment, or trading advice. Past performance of the master account does not guarantee future results.
YOUR RESPONSIBILITY AND ASSUMPTION OF RISK. You acknowledge and agree that:
- You are solely responsible for funding, configuring, monitoring, and closing positions on your own exchange account
- Duplicated trades carry the full risk of cryptocurrency futures trading, including the risk of total loss, amplified by any leverage you choose
- Technical failures, latency, exchange outages, API errors, slippage, or partial fills may cause duplicated trades to differ materially from the master account or to fail entirely
- You may enable or disable copying at any time, and you are responsible for any positions open at the time you disable it
- You are responsible for safeguarding your exchange API credentials and for any third-party exchange’s terms, fees, and liquidation policies
NO RESPONSIBILITY FOR LOSSES: TR8D3R LLC IS NOT RESPONSIBLE FOR ANY TRADING OR FINANCIAL LOSSES, MISSED OPPORTUNITIES, OR OTHER DAMAGES ARISING FROM THE USE OF COPYTRADING. Software errors, latency, exchange API failures, or incorrect parameters may cause trades to execute, fail to execute, or execute on terms you did not intend. All limitations of liability, disclaimers, and indemnification provisions in these Terms apply fully to copytrading.
FEATURE AVAILABILITY. ErkeScan may suspend, throttle, modify, or terminate the copytrading feature, the master account, or your access to it at any time and for any reason, without prior notice or liability. We are under no obligation to launch, continue, or maintain copytrading or any particular master-account strategy.
9. Closed-Community Access (Optional)
Optional and separate. We may, at our sole discretion, make available to eligible users optional access to a private, closed online community (for example, a private community hosted on a third-party messaging or community platform), provided separately from and in addition to the core subscription.
Eligibility. Eligibility is determined by us in our sole discretion; we may set, change, or withdraw eligibility criteria, pricing, and availability at any time without notice.
Third-party platforms. Community access may be fulfilled through one or more third-party platforms governed by their own terms and privacy practices, over which we have no control; we are not responsible for their availability, conduct, content, moderation, data practices, or continuity.
Payment, and independence from the core subscription. Payment is processed in the same manner as other subscriptions under Section 7 (including its pricing, refund, and cancellation provisions). Community access is provided “as is” and “as available,” may be granted, modified, limited, suspended, or revoked at any time with or without notice, may begin, continue, or end independently of your core subscription, and its suspension, revocation, or unavailability is not a breach and entitles you to no refund, credit, or compensation. All disclaimers, limitations of liability, indemnities, governing-law, and arbitration, class-waiver, and jury-waiver provisions of these Terms apply in full to community access.
10. Acceptable Use
You agree not to use our website or Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair them, or interfere with their security features or with any other party’s use and enjoyment. In addition, you will not, and will not permit others to:
- scrape, crawl, harvest, or use bots or automated means to access or extract data except via interfaces we expressly authorize;
- exceed rate limits or circumvent access, usage, or security controls;
- reverse engineer, decompile, or attempt to derive source code or our proprietary signals, metrics, or models, except where such restriction is prohibited by law;
- resell, redistribute, sublicense, relay, or republish the Services, signals, alerts, or data, or share your account or credentials, without our written permission;
- use the Services to build or train a competing product or dataset; or
- circumvent or attempt to circumvent a suspension, termination, or other enforcement action — including by registering or using another account, identity, or payment method — while an enforcement action against you is in effect.
We may impose and enforce rate limits and use technical measures to detect, prevent, investigate, and attribute abuse, including monitoring access patterns and embedding identifying markers in content delivered to your account. We may terminate access for prohibited activity for cause under Section 6, with the consequences stated there (including forfeiture of the remaining prepaid term).
11. Intellectual Property; User Content; Feedback; Trademarks
Our property. All content and materials on ErkeScan.com, including text, graphics, logos, software, signals, metrics, and models, are the property of TR8D3R LLC or its licensors and are protected by copyright, trademark, and other laws. Except as expressly permitted, you agree not to reproduce, distribute, modify, or create derivative works of our content without our written permission.
User Content. “User Content” means content you submit to the Services. You retain ownership of your User Content and grant TR8D3R LLC a worldwide, non-exclusive, royalty-free, sublicensable (to our hosting and sub-processors) license to host, store, reproduce, and use it, and to modify it only as reasonably necessary for formatting, storage, or transmission, solely to operate, secure, support, and improve the Services. We will not publicly display your User Content as identifiable to you (for example, as a testimonial) without your separate consent. You represent that you have the rights to grant this license and that your content infringes no third-party right. Our Privacy Policy controls for personal information.
Feedback. Any suggestions, ideas, or feedback you provide are non-confidential and non-proprietary to you; you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use them for any purpose without obligation, attribution, or compensation, and you waive any moral rights to the extent permitted by law.
Trademarks and third-party marks. ErkeScan and TR8D3R LLC marks are ours. All other names, logos, and marks (including Binance, Bybit, Telegram, Discord, Visa, Mastercard, and payment-processor brands) belong to their owners and are used for identification only; their use implies no affiliation or endorsement. ErkeScan is not affiliated with, sponsored by, or endorsed by any exchange, messaging platform, card network, or payment processor.
12. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, ACCURATE, RELIABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Informational / Educational Tool — Not Personalized Investment Advice
CRITICAL NOTICE: THE SERVICES, INCLUDING ALL ALERTS, SIGNALS, SCREENER DATA, TRACK RECORDS, AND OTHER CONTENT, ARE PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.
The Services are impersonal and are not tailored to your financial situation, investment objectives, risk tolerance, or individual circumstances, and do not constitute personalized investment, financial, legal, accounting, or tax advice, nor a recommendation, solicitation, or offer to buy, sell, or hold any asset.
TR8D3R LLC is not registered as, and disclaims status as, an investment adviser, broker-dealer, commodity trading advisor (CTA), commodity pool operator (CPO), or futures commission merchant (FCM) with the U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission, the National Futures Association, any state authority, or any non-U.S. authority, and by reason of the foregoing is not required to be so registered. We disseminate impersonal commentary, data, and automated signals of general and regular circulation and rely on all applicable publisher and similar exclusions. No fiduciary, advisory, agency, brokerage, custodial, partnership, or trust relationship is created. You are solely responsible for your own research, due diligence, and trading and investment decisions, which you make at your own risk.
NATURE OF THE SERVICE. You explicitly acknowledge and agree that:
- all alerts, signals, and notifications are generated as general, impersonal information and are not tailored to you;
- no content should be construed as professional or personalized financial advice;
- you should independently evaluate any information before acting on it; and
- the Service is designed to inform and educate, not to direct your individual investment decisions.
CRYPTOCURRENCY MARKET RISKS. The crypto market is highly volatile and can result in significant financial losses. Trading and investing in cryptocurrencies involve substantial risk of loss and are not suitable for every investor. You are solely responsible for evaluating the risks associated with any decision you make.
FUTURES AND LEVERAGED-DERIVATIVES RISK. The instruments tracked, screened, or referenced — including cryptocurrency perpetual futures and other leveraged derivatives — carry a high level of risk. Leverage magnifies gains and losses; you can lose more than your initial margin and may be fully liquidated. These products are complex, are not suitable for everyone, and may be restricted or prohibited in your jurisdiction. You are solely responsible for determining whether you are legally permitted to trade them and whether they are appropriate for you.
PAST PERFORMANCE. Past performance is not indicative of future results. Any historical data, results, or performance shown on our platform is informational only and does not guarantee future outcomes.
PROFESSIONAL ADVICE. We strongly recommend consulting a qualified financial, legal, or tax advisor before making any investment decision. By using our Service, you acknowledge and accept all risks associated with cryptocurrency trading and investment.
14. Performance Figures and Track Records
Any win rate, profitable-trade percentage, profit factor, R-multiple, or other performance figure shown on ErkeScan surfaces reflects the historical outcomes of signals generated by ErkeScan’s own systems, measured over a limited sample and period stated at or near the point of display, and reconciled against publicly available exchange price data.
UNLESS A FIGURE IS EXPRESSLY STATED TO BE INDEPENDENTLY AUDITED, IT HAS NOT BEEN REVIEWED OR VERIFIED BY ANY INDEPENDENT THIRD PARTY.
Figures may be net or gross of trading costs (fees, slippage, funding) as indicated at the point of display. Where any figure is expressly identified as hypothetical, simulated, or backtested, you acknowledge that hypothetical or simulated performance results have inherent limitations: unlike an actual record, simulated results do not represent actual trading and may not reflect factors such as liquidity or slippage; they are prepared with the benefit of hindsight; and no representation is made that any account will or is likely to achieve profits or losses similar to those shown. Performance figures are selected from available data, may not be representative, and are informational only. Past performance does not guarantee or indicate future results, and your individual results will vary.
Testimonials and reviews. Any testimonials or reviews reflect the experience of specific individuals, are not a promise of results, and are not independently verified unless expressly stated. We do not use fabricated, AI-generated, insider, or undisclosed-incentivized reviews. Where a promoter has a material connection to us (for example, an affiliate, referral participant, or compensated promoter), that connection is disclosed clearly and conspicuously.
15. Signal Alerts Disclaimer
AUTOMATED ALERTS DISCLAIMER: OUR SIGNAL ALERTS FEATURE AUTOMATICALLY GENERATES ALERTS BASED ON METRICS FROM CRYPTOCURRENCY EXCHANGES THAT MAY INCLUDE ENTRY PRICE, STOP LOSS (SL), AND TAKE PROFIT (TP) LEVELS. THESE ALERTS ARE GENERATED AUTOMATICALLY FROM EXCHANGE METRICS, ARE IMPERSONAL AND NOT TAILORED TO YOU, AND DO NOT CONSTITUTE PERSONALIZED INVESTMENT ADVICE OR A RECOMMENDATION.
METRICS-BASED INFORMATION. You acknowledge and agree that:
- Signal Alerts are generated automatically based solely on exchange and market metrics;
- these alerts are provided for informational purposes only;
- the alerts do not constitute investment advice or recommendations;
- all alerts are generated by automated systems without human financial analysis tailored to you; and
- the metrics used may be inaccurate, delayed, or subject to technical errors.
NO RESPONSIBILITY FOR TRADING LOSSES: WE ARE NOT RESPONSIBLE FOR ANY TRADING LOSSES, FINANCIAL LOSSES, OR OTHER DAMAGES RESULTING FROM THE USE OF SIGNAL ALERTS. You explicitly acknowledge that:
- any trading decisions based on Signal Alerts are made entirely at your own risk;
- we disclaim all responsibility for losses resulting from automated alert usage;
- the alerts are impersonal informational content, not personalized recommendations; and
- you are solely responsible for any trades you execute based on our alerts.
TECHNICAL LIMITATIONS. Signal Alerts may be subject to technical delays, inaccuracies, or system failures. We make no guarantees about the accuracy, timeliness, or reliability of automated alerts. Exchange APIs and third-party data sources may experience outages or provide incorrect information.
16. Conditional Alert Delivery and Timing Disclaimers
CRITICAL ALERT FREQUENCY DISCLAIMER: YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT ALERTS ARE SENT ONLY WHEN OUR INTERNAL PROPRIETARY METRICS AND CONDITIONS ARE MET. THERE IS NO GUARANTEE, EXPECTATION, OR OBLIGATION FOR ALERTS TO BE SENT AT ANY SPECIFIC FREQUENCY OR TIME INTERVAL.
NO REGULAR ALERT EXPECTATIONS. You understand and agree that:
- alerts are NOT sent on a regular, predictable, or scheduled basis;
- there may be extended periods (hours, days, weeks, or longer) with NO ALERTS sent;
- the absence of alerts does not indicate system failure or service interruption;
- alert frequency depends entirely on market conditions and our internal metrics; and
- you have NO RIGHT to expect alerts at any specific frequency.
MARKET-DEPENDENT GENERATION. Market conditions, volatility, and trading volume directly affect whether our internal metrics are triggered; during slow market periods, few or no alerts may be generated, while active periods may generate more.
INTERNAL METRICS DEPENDENCY. Alerts are generated only when our proprietary internal metrics and conditions are satisfied; these metrics are confidential and subject to our sole discretion, and we may modify, update, or change them at any time without notice.
NO SERVICE LEVEL AGREEMENTS: WE MAKE NO COMMITMENTS, PROMISES, OR GUARANTEES REGARDING THE FREQUENCY, TIMING, NUMBER, MINIMUM, MAXIMUM, RESPONSE TIME, OR CONSISTENCY OF ALERT DELIVERY.
PERIODS OF NO ALERTS. Extended periods without alerts are normal and expected; lack of alerts does not constitute service failure or breach of these Terms; and, except as provided in the Fees and Refunds and service-credit provisions of Section 7, you are not entitled to refunds, credits, or compensation for periods without alerts. Subscription fees remain due regardless of alert frequency or absence.
17. Custom Screener Alerts — Conditional Delivery
Our custom screener alerts are subject to the same conditional-delivery terms as Signal Alerts.
SCREENER ALERT FREQUENCY DISCLAIMER: CUSTOM SCREENER ALERTS ARE SENT ONLY WHEN OUR INTERNAL PROPRIETARY SCREENING CRITERIA AND METRICS ARE SATISFIED. THERE IS NO GUARANTEE THAT CUSTOM ALERTS WILL BE GENERATED AT ANY SPECIFIC FREQUENCY OR TIME.
SCREENING CRITERIA DEPENDENCY. Custom alerts depend on our internal screening algorithms and criteria, which are proprietary and may be modified without notice; alerts are generated only when tokens or conditions meet our internal thresholds; market conditions may not trigger our criteria for extended periods; and the absence of custom alerts is normal and does not indicate a service issue.
NO MINIMUM GUARANTEES. We do not guarantee any minimum number of custom screener alerts; there may be extended periods without any; slow market conditions may result in few or none; our criteria may become more selective without notice; and, except as provided in the Fees and Refunds and service-credit provisions of Section 7, you are not entitled to compensation for periods without custom alerts.
18. Limitation of Liability
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, or any other liability that applicable law does not permit to be limited; where such liability applies, it is limited to the maximum extent the law allows.
SUBJECT TO THE PARAGRAPH ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, TR8D3R LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
- ANY CONTENT OBTAINED FROM THE SERVICES;
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
- ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE DATA OR CONTENT PROVIDED THROUGH THE SERVICES;
- ANY DECISIONS MADE OR ACTIONS TAKEN BY YOU IN RELIANCE ON THE SERVICES;
- ANY TRADING LOSSES OR FINANCIAL LOSSES OF ANY KIND;
- ANY USE OF SIGNAL ALERTS, COPYTRADING, OR AUTOMATED SIGNALS;
- ANY RELIANCE ON THE INFORMATIONAL CONTENT PROVIDED BY THE SERVICE;
- ANY BUGS, VIRUSES, OR THE LIKE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES;
- ANY CRYPTOCURRENCY MARKET VOLATILITY OR PRICE MOVEMENTS;
- ANY EXCHANGE OUTAGES, API FAILURES, OR THIRD-PARTY SERVICE INTERRUPTIONS;
- THE FREQUENCY, TIMING, OR ABSENCE OF ALERTS OR NOTIFICATIONS, OR ANY MISSED TRADING OPPORTUNITIES; OR
- ANY CHANGES TO INTERNAL METRICS OR SCREENING CRITERIA.
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TOTAL LIABILITY CAP: SUBJECT TO THE NON-EXCLUDABLE-LIABILITY PARAGRAPH ABOVE, OUR TOTAL AGGREGATE LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO TR8D3R LLC (INCLUDING THROUGH ERKESCAN.COM) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
JURISDICTIONAL LIMITATIONS. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
19. User Responsibility and Sole Liability
SOLE RESPONSIBILITY. You acknowledge and agree that you are solely and entirely responsible for all trading decisions and investment choices; any financial losses resulting from cryptocurrency trading; evaluating the risks associated with any decision; conducting your own research and due diligence; seeking professional advice before making investment decisions; and any consequences resulting from your use of our informational content.
INDEPENDENT DECISION-MAKING. All content is impersonal and informational only; it is not tailored to you and is not a substitute for your own judgment or independent professional advice, and you are solely responsible for any decision you make in reliance on it. Any trading or investment decisions you make are entirely independent of our Service and made at your sole discretion and risk. We do not influence, recommend, or endorse any specific trading decision.
20. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TR8D3R LLC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, AND LICENSORS (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY THIRD-PARTY CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR CONNECTED WITH:
- your breach of these Terms;
- your violation of any law or any third party’s rights (including intellectual-property, publicity, confidentiality, property, or privacy rights);
- your misuse of the Services, or your trading or activities, that gives rise to a third-party claim;
- content or data you submit; or
- any violation by you of Section 3 (Sanctions, Export Controls, and Lawful Use).
This indemnity does not apply to the extent a claim arises from the Indemnified Parties’ own gross negligence, willful misconduct, or fraud, and nothing requires you to indemnify any Indemnified Party for your own losses or for a dispute between you and TR8D3R LLC. If you are a consumer, this indemnity applies only to the extent the third-party claim results from your own breach, violation of law, or wrongful act or omission, and nothing limits your non-waivable consumer rights. We may, at our own expense, assume the exclusive defense and control of any matter subject to indemnification, in which event you will cooperate with us. This obligation survives these Terms and your use of the Services.
21. Accuracy and Reliability Disclaimers
NO GUARANTEES. We make no representations or warranties about the accuracy, completeness, timeliness, or reliability of any information, alerts, signals, or content provided through our Services. All information is provided on a best-effort basis for informational purposes only.
THIRD-PARTY DATA. Our Services rely on third-party APIs, exchanges, and data sources that may experience outages or delays or provide inaccurate information. We are not responsible for any errors, omissions, or delays in third-party data or for any actions taken in reliance on such data.
TECHNICAL LIMITATIONS. Our automated systems, including Signal Alerts, may experience technical failures, delays, or inaccuracies. We do not guarantee the availability, functionality, or accuracy of any automated feature.
22. Risk Warnings
CRYPTOCURRENCY TRADING RISKS. Cryptocurrency trading involves substantial risk and is not suitable for all investors. Risks include but are not limited to:
- extreme price volatility
- potential total loss of investment
- regulatory changes
- market manipulation
- technical failures
- liquidity issues
- cybersecurity threats
INFORMATIONAL CONTENT RISKS. Our content is general and impersonal and is not a substitute for independent professional advice or your own due diligence. Using general informational content for actual trading decisions carries significant risk, and you do so at your own risk.
AUTOMATED ALERT RISKS. Automated alerts may be based on incomplete, delayed, or inaccurate data. Relying on automated informational alerts for trading decisions carries significant risk.
23. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict-of-law provisions. Your use of the Services may also be subject to other local, state, national, or international laws, with which you are solely responsible for complying. Nothing in this Section deprives a consumer of the protection of mandatory provisions of the law of the country in which the consumer resides.
24. Dispute Resolution; Arbitration; Class-Action Waiver
Informal resolution first. Before commencing any arbitration or court proceeding, you and TR8D3R LLC agree to first try to resolve the dispute informally. You must send a written Notice of Dispute to support@erkescan.com describing the dispute and the relief sought; the parties will then negotiate in good faith for at least 60 days. This informal process is a condition precedent to filing, and the limitations period is tolled while it is pending.
Binding arbitration. Except for the carve-outs below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (where applicable). This arbitration agreement is governed by the Federal Arbitration Act and evidences a transaction involving interstate and international commerce; Florida law governs the substance of any dispute. The arbitration shall be conducted in English by a single arbitrator, and may be held in the county where you reside, by telephone or videoconference, or in St. Petersburg, Florida. We will pay all AAA administrative and arbitrator fees that the AAA Consumer Arbitration Rules require us to bear, and will not seek to recover them from you except as those Rules permit. An arbitration award may be entered in any court of competent jurisdiction.
Carve-outs. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the infringement or misuse of intellectual property or confidential information.
Delegation. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court (not an arbitrator) shall decide any challenge to the Class-Action Waiver below.
CLASS-ACTION AND JURY WAIVER: YOU AND TR8D3R LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND TR8D3R LLC WAIVE ANY RIGHT TO A JURY TRIAL.
Non-severability of the Class-Action Waiver. If the Class-Action Waiver is found unenforceable as to a particular claim or request for relief, then that claim or request shall be severed and proceed in a court of competent jurisdiction in Florida rather than in arbitration, and shall never proceed on a class or representative basis in arbitration; the remainder of this Section shall remain in full force.
Coordinated or mass arbitration. If 25 or more similar arbitration demands are filed by or with the assistance of the same or coordinated counsel, the parties agree the demands will be administered in staged batches of up to 50, with a limited number of bellwether cases selected and resolved first, fees becoming due as each batch commences, and the limitations period tolled for demands not yet in an active batch. This provision applies equally to both parties. If this batching mechanism is found unenforceable or unconscionable as applied, the affected demands proceed individually under the AAA rules rather than the arbitration agreement failing, and any demand that has remained outside an active batch for more than 180 days may, at the claimant’s election, proceed individually.
30-day opt-out. You may opt out of this arbitration agreement and the Class-Action Waiver by emailing support@erkescan.com with your name and account email and a statement that you opt out, within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms. A valid prior opt-out remains effective and is not undone by later amendments.
25. Force Majeure
We are not liable for any delay or failure to perform resulting from events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, government or regulatory action, labor disputes, failures or interruptions of the internet, hosting, exchanges, blockchains, telecommunications, or other third-party services, cyberattacks, or pandemics. If a force-majeure event affecting a paid Service continues for more than 30 days, either party may terminate the affected subscription, and we will credit or refund any unused, prepaid fees for that Service on a pro-rata basis.
26. Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, on notice to you. These Terms bind and benefit the parties and their permitted successors and assigns.
27. Notices
We may provide notices to you electronically, by email to your account address or by in-product or on-site notice, and you consent to receiving notices electronically. Notices to us must be sent to TR8D3R LLC, 7901 4th St N STE 300, St. Petersburg, FL 33702, or to support@erkescan.com.
28. Copyright Complaints (DMCA)
If you believe content available through the Services infringes your copyright, you may send a notice under the U.S. Digital Millennium Copyright Act to our designated agent at support@erkescan.com (subject line “DMCA Notice”) including: identification of the copyrighted work; identification of the allegedly infringing material and its location; your contact information; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and you are authorized to act; and your physical or electronic signature. We may remove or disable access to allegedly infringing material and terminate repeat infringers.
29. Severability
If any provision of these Terms is found invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.
30. Waiver
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision. Any waiver is effective only if in writing and signed by a duly authorized representative of TR8D3R LLC, and no waiver of any breach or default shall be deemed a waiver of any subsequent breach or default.
31. Third-Party Beneficiaries; Survival; Headings; Controlling Language
The disclaimers, limitations of liability, and indemnities in these Terms are for the benefit of, and may be enforced by, the Indemnified Parties. Provisions that by their nature should survive termination (including payment obligations, disclaimers, limitations of liability, indemnification, intellectual property, dispute resolution, and governing law) survive. Headings are for convenience only. To the extent permitted by applicable law, the English-language version of these Terms controls; this does not deprive a consumer of any protection afforded by mandatory provisions of the law of the consumer’s country, including in the consumer’s own language.
32. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and TR8D3R LLC regarding the use of our Services — which include the screener, alerts, Signal Alerts, the trading journal, optional closed-community access, and other features — and supersede any prior agreements relating to the same subject matter. No modification is effective unless made in accordance with Section 4.
33. Contact Information
If you have any questions about these Terms, please contact us at TR8D3R LLC, 7901 4th St N STE 300, St. Petersburg, FL 33702, or by email at support@erkescan.com.
FINAL NOTICE: BY USING ERKESCAN.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT ALL SERVICES ARE PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, ARE IMPERSONAL AND NOT PERSONALIZED ADVICE, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY TRADING OR INVESTMENT DECISIONS YOU MAKE.
