Terms and Conditions

Welcome to ErkeScan.com, a crypto-market analytics service operated by TR8D3R LLC ("we," "us," or "our"). These Terms and Conditions (the "Terms") govern the website and services (the "Services") subject to the acceptance and change-notice procedures in Sections 1 and 4. Please read them carefully, including the arbitration agreement and class-action waiver in Section 24, which affect how disputes are resolved.

Review notice — September 30, 2026: this revision clarifies service descriptions, connection permissions, trading controls and existing mandatory rights. Publication or reading this website does not start a bot, grant a new trading authorization or establish acceptance by existing customers. Material changes remain subject to the advance-notice procedure in Section 4. This correction notice does not expand existing trading authority, fees or liability caps. New trading authorization or additional fees require separate affirmative agreement before activation.

1. Acceptance of Terms

You accept the applicable Terms through the agreement controls presented when registering, purchasing or separately authorizing a feature, subject to applicable law. Copies of the current Terms and Privacy Policy are available on this website. Copy trading requires separate feature authorization; reviewing these Terms or continuing from a document-review page does not activate trading or replace that authorization. If you do not agree, do not register, purchase or authorize the feature. Continued use constitutes acceptance only to the extent permitted by applicable law and the notice provisions in Section 4.

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 screening and charts, custom alerts, Vertex and Helix trading plans and Telegram notifications, a trading journal, and eligibility-controlled automated copy trading where separately released (Section 8). The journal connects Bybit through a read-only API key or Hyperliquid through a wallet address. Features and strategy availability depend on the release and access shown in your account. Performance information is addressed in Section 14.

Read-only exchange API keys. A journal connection authorizes retrieval of trading data for analytics, not trading. Provision a Bybit journal key without trading or withdrawal permissions. Copy trading is a separate connection requiring a dedicated Bybit Read-Write key with Contracts Orders and Positions permissions, without withdrawal or transfer rights or unrelated permissions. The absence of withdrawal permission does not prevent the key from trading or exposing your exchange balance to losses.

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 if you purchase as a consumer resident in the EU/EEA or UK, and prevails over conflicting refund provisions. Any statutory withdrawal right remains unless and until the legally required conditions for an exception are satisfied. Immediate supply alone is not a waiver: any required express request for early supply, acknowledgment of the effect on withdrawal and confirmation on a durable medium must be obtained in the applicable transaction. For digital services, where law permits a proportionate charge for performance requested during the withdrawal period, only the legally permitted amount may be charged; rights are lost on full performance only when the required conditions are met. A crypto refund, where due, is based on the fiat amount charged and paid by a method agreed with you without reducing a mandatory entitlement. Nothing limits non-waivable consumer rights.

8. Automated Copy Trading — Eligibility, Authorization and Risks

Availability. Automated copy trading is available only where the relevant strategy release, account eligibility and onboarding controls permit it. A strategy page, subscription or reference in these Terms does not establish access to copy trading or to every strategy. In particular, these Terms do not announce a public Helix release.

Standing trading authorization. After you affirmatively accept the separate connection and risk agreement controls and start an eligible strategy, you authorize ErkeScan automation to submit, amend, cancel and close orders and manage positions on your dedicated Bybit account under the strategy and risk settings you select. You do not manually approve each trade. Funds remain at your exchange; ErkeScan does not receive deposits or hold your exchange funds, but trading-enabled API access can affect positions and cause losses. This description of functionality does not determine its regulatory classification.

Risk and execution. Leverage magnifies losses. Risk sizing is a planned allocation based on available USDT at entry and the distance to the signal stop; it is not a guaranteed loss limit. Gaps, liquidation, fees, funding, latency, partial fills, rejected orders, API errors and outages can cause different execution, missed protection or losses beyond the plan. Historical strategy results are not your account results and do not guarantee profit. You remain responsible for monitoring your exchange account, its margin and your legal eligibility.

Pause, logout and deletion. Pause stops new entries; the bot continues managing existing positions. Logging out does not stop the bot. Normal connection deletion is permitted only after positions, orders and their final state are settled as required by the controls shown in the app. Deletion disables the saved credential; it does not itself close an exchange position. Revoking or changing the key at Bybit prevents further API management and does not automatically close positions or cancel outstanding exchange orders. If access fails, verify and manage anything remaining directly on Bybit.

Fees and conflicts. Exchange trading fees, funding and liquidation costs apply independently of the ErkeScan access fee. ErkeScan or its affiliates may receive Bybit broker or referral remuneration connected with customer trading or referrals. This creates a financial conflict because compensation may depend on participation or activity. Any applicable remuneration arrangement and material change will be disclosed before you agree to it. An additional fee applies only if disclosed and agreed before activation.

Limitations and mandatory rights. To the maximum extent permitted by law and subject to Section 18 and all non-waivable rights, ErkeScan does not guarantee execution price, timing, availability, protection of a position, or profitability and excludes liability for trading outcomes and losses arising from risks and third-party failures described here. No provision excludes liability that cannot lawfully be excluded. Changes or discontinuation remain subject to Sections 4, 6 and 7, including applicable prepaid-access remedies.

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

General market commentary, screener data and historical strategy information are impersonal content. Automated copy trading additionally places and manages orders under Section 8 and is not merely educational content.

General market content is impersonal, does not account for your financial situation, objectives or risk tolerance, and does not replace individualized professional financial, legal, accounting or tax advice. Trading plans may identify instruments, direction and levels; automated execution is governed by the separate authorization in Section 8.

TR8D3R LLC is a Florida limited liability company (Florida document number L22000007182). General market information and trading plans are not tailored to your personal financial circumstances. Automated copy trading, where offered, involves the standing trading authorization described in Section 8 and must not be treated as mere educational content. The legal classification and any authorization, registration or territorial restrictions depend on the actual service and applicable law; these Terms do not establish an exemption from regulatory requirements.

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
• general market content informs your decisions; automated trading is separately authorized under Section 8.

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 PRESENT STRATEGY PLANS AND MARKET CONDITIONS AND MAY INCLUDE ENTRY PRICE, STOP LOSS (SL), AND TAKE PROFIT (TP) LEVELS. THESE ALERTS REFLECT STRATEGY RULES AND AVAILABLE MARKET INFORMATION, ARE IMPERSONAL AND NOT TAILORED TO YOU, AND DO NOT ASSESS WHETHER A TRADE IS SUITABLE FOR YOUR PERSONAL CIRCUMSTANCES.

METRICS-BASED INFORMATION. You acknowledge and agree that:

• Signal Alerts reflect the strategy rules and available market information; their generation and execution remain subject to technical limitations;
• these alerts are provided for informational purposes only;
• the alerts do not replace advice tailored to your individual circumstances;
• strategy plans are not based on an assessment of your personal financial circumstances; and
• the metrics used may be inaccurate, delayed, or subject to technical errors.

TRADING-LOSS LIMITATIONS: TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT TO SECTION 18 AND MANDATORY RIGHTS, WE EXCLUDE LIABILITY FOR TRADING OUTCOMES ARISING FROM THE USE OF SIGNAL ALERTS. You acknowledge that:

• any trading decisions based on Signal Alerts are made entirely at your own risk;
• liability for losses remains subject to Section 18 and mandatory rights;
• 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 alone does not establish a 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 qualifying signals can occur. Their absence alone is not evidence of a service failure, but this does not excuse an actual outage or a failure to deliver a paid feature. Applicable rights and the access, refund and service-credit provisions in Sections 6 and 7 remain unaffected.

17. Custom Screener Alerts — Conditional Delivery

Custom screener alerts evaluate the conditions you configure within the supported product rules. Delivery depends on those conditions, available market data, your notification connection and operational limits. No particular event frequency is guaranteed; this does not excuse an actual outage or eliminate the remedies in Sections 6 and 7.

SCREENER ALERT FREQUENCY DISCLAIMER: CUSTOM SCREENER ALERTS DEPEND ON YOUR CONFIGURED CONDITIONS AND THE SUPPORTED SCREENING RULES. THERE IS NO GUARANTEE THAT CUSTOM ALERTS WILL BE GENERATED AT ANY SPECIFIC FREQUENCY OR TIME.

SCREENING CRITERIA DEPENDENCY. Custom alerts depend on the conditions and metrics you select, supported evaluation rules and available market data. We may change supported capabilities subject to the notice and paid-access provisions of these Terms. Conditions may remain unmet for extended periods; this alone does not establish a service issue.

NO MINIMUM GUARANTEES. We do not guarantee a minimum number of condition-triggered alerts. A period in which your configured conditions are not met does not itself create a right to compensation. This does not waive remedies for an actual failure to provide the paid service or any mandatory consumer right.

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:

1. YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES;
2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
3. ANY CONTENT OBTAINED FROM THE SERVICES;
4. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
5. ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE DATA OR CONTENT PROVIDED THROUGH THE SERVICES;
6. ANY DECISIONS MADE OR ACTIONS TAKEN BY YOU IN RELIANCE ON THE SERVICES;
7. ANY TRADING LOSSES OR FINANCIAL LOSSES OF ANY KIND;
8. ANY USE OF SIGNAL ALERTS, COPYTRADING, OR AUTOMATED SIGNALS;
9. ANY RELIANCE ON THE INFORMATIONAL CONTENT PROVIDED BY THE SERVICE;
10. ANY BUGS, VIRUSES, OR THE LIKE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY;
11. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES;
12. ANY CRYPTOCURRENCY MARKET VOLATILITY OR PRICE MOVEMENTS;
13. ANY EXCHANGE OUTAGES, API FAILURES, OR THIRD-PARTY SERVICE INTERRUPTIONS;
14. THE FREQUENCY, TIMING, OR ABSENCE OF ALERTS OR NOTIFICATIONS, OR ANY MISSED TRADING OPPORTUNITIES; OR
15. 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 Choices, Trading Authorization and Responsibility

YOUR RESPONSIBILITIES. You are responsible for choosing whether to trade, selecting an eligible strategy and settings, funding and monitoring your exchange account, evaluating risks and seeking professional advice where needed. Enabled copy trading executes and manages orders under your standing authorization in Section 8. These responsibilities do not transfer every technical or legal duty to you or exclude liability that cannot lawfully be excluded; Section 18 and mandatory rights govern.

INDEPENDENT DECISION-MAKING. You choose whether to use the information, which eligible strategy to connect and the risk settings offered to you. Trading plans can inform specific decisions, and enabled automation can execute and manage trades without individual confirmation under Section 8. You remain responsible for your choices and monitoring; this does not waive non-excludable duties or mandatory rights.

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:

1. your breach of these Terms;
2. your violation of any law or any third party’s rights (including intellectual-property, publicity, confidentiality, property, or privacy rights);
3. your misuse of the Services, or your trading or activities, that gives rise to a third-party claim;
4. content or data you submit; or
5. 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: ACCEPTANCE AND CHANGES ARE GOVERNED BY SECTIONS 1 AND 4. GENERAL MARKET CONTENT IS IMPERSONAL AND DOES NOT REPLACE PROFESSIONAL ADVICE. AUTOMATED COPY TRADING REQUIRES THE SEPARATE AUTHORIZATION AND RISK ACKNOWLEDGMENTS DESCRIBED IN SECTION 8. RESPONSIBILITY AND LIABILITY REMAIN SUBJECT TO MANDATORY LAW AND SECTION 18.