1. Who may use the App

You must be at least 18 years old, or the age of majority where you live if that is higher, and legally able to enter into this agreement. You may not use the App where its use is prohibited by law, or if you are a person or live in a country subject to sanctions administered by Canada, the United States, the United Kingdom, the European Union or the United Nations, or a person designated on any applicable sanctions list.

2. What the App does

The App displays statistics published by BJF on bjftradinggroup.com about price differences (“events” or “opportunities”) detected by BJF’s own monitoring system between a fast price feed and the quotes of certain brokers. The statistics include counts, differences in pips, durations, distributions by time and trading session, and lists of individual past events, filtered by the parameters you choose. Broker names may be anonymised.
The App is an information tool only. It does not execute trades, does not connect to your brokerage or trading accounts, does not hold or transfer any funds, and does not ask for your account credentials.

3. No investment advice

Nothing in the App or these Terms is investment, financial, tax, legal or other professional advice, a recommendation, or an offer or solicitation to buy or sell any asset. The opportunities shown are the mechanical result of comparing third-party prices. They do not take into account your personal situation, objectives or risk tolerance. You alone decide whether to trade, and you are solely responsible for every decision you make. Please read the Risk Disclosure, which forms part of these Terms.

4. Data and its limits

The statistics are produced by BJF’s monitoring system from market data supplied by third parties (liquidity providers, data feeds and brokers) that BJF does not control. We do not guarantee that any data is accurate, complete, current or available, or that it is representative of any particular broker, account type, server or time. Data may be delayed, incomplete, corrected or removed, and the methodology may change. Any broker names or labels are used only to identify the source of data; all trademarks belong to their owners, and no affiliation with or endorsement by any broker is implied. Your use of any broker or trading platform is governed solely by its own terms.

5. License

Subject to these Terms, BJF grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, free-of-charge license to install and use the App on devices that you own or control, for your own personal, non-commercial purposes. On Apple devices, this use must also comply with the Usage Rules in the Apple Media Services Terms and Conditions.
You may not: (a) copy, modify, translate or create derivative works of the App; (b) decompile, reverse engineer or disassemble the App, except to the extent that applicable law expressly permits this despite this restriction; (c) rent, lease, sell, sublicense, distribute or make the App available to others; (d) remove or alter any proprietary notices; (e) use the App or its output to build a competing product or service, or to resell or redistribute its data; (f) use the App in any way that breaks the law, or that places an unreasonable load on BJF’s systems (for example by automated scraping).
The App, including its code, design, texts and trademarks, is owned by BJF and its licensors and is protected by copyright and other laws. All rights not expressly granted to you are reserved. Open-source components included in the App are licensed under their own licenses, which are listed in the App under Settings → Legal → Open-source licenses.

6. Your responsibilities

Before relying on any information from the App, you are responsible for independently checking, among other things: current prices, spreads and execution conditions at your broker; commissions, swaps and other costs; your broker’s terms, including any rules on latency arbitrage, high-frequency or similar trading styles; your account limits; and the tax and legal consequences of trading in your jurisdiction.

7. Promotional content

The App may show links to other BJF products and websites. These products are offered under their own separate terms. Opening a link takes you outside the App.

8. Updates and availability

We may update, change, suspend or discontinue the App, or any feature, instrument or data source, at any time without notice or liability. We are not obliged to provide maintenance, support or updates. Some updates may be required to continue using the App.

9. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL DATA AND INFORMATION IN IT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BJF DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, QUIET ENJOYMENT AND NON-INFRINGEMENT. BJF DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY EVENT OR OPPORTUNITY SHOWN WILL OCCUR AGAIN, CAN ACTUALLY BE EXECUTED OR WILL BE PROFITABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BJF, ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY TRADING OR INVESTMENT LOSSES, LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATED TO THE APP, ANY DATA OR CALCULATION IN IT, ANY DECISION YOU MAKE OR ACTION YOU TAKE BASED ON IT, OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE), EVEN IF BJF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BJF’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP, AND (B) ONE HUNDRED CANADIAN DOLLARS (CAD 100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liability. In those jurisdictions, the exclusions and limitations above apply only to the extent permitted by law, and nothing in these Terms limits any rights you have as a consumer that cannot lawfully be waived.

11. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless BJF and its affiliates, directors, officers, employees and contractors from any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of your use of the App, your trading activity, or your breach of these Terms or of any law or third-party right.

12. Termination

These Terms apply until terminated. Your rights under them end automatically, without notice, if you fail to comply with them. You may end them at any time by deleting the App. Sections 3, 4 and 9 to 16 survive termination.

13. Changes to these Terms

We may change these Terms from time to time. We will show the updated Terms in the App, and where the changes are material we will ask you to accept them again before you continue using the App. If you do not accept the updated Terms, you must stop using the App.

14. Governing law and disputes

Governing law. These Terms, and any dispute arising out of or in connection with them or the App (including non-contractual disputes), are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Notice of dispute. Before starting any proceeding, the claiming party must send the other a written notice describing the claim, the facts relied on and the relief sought (to BJF at the address in section 17). The parties will try in good faith to resolve the dispute within thirty (30) days of that notice.
Arbitration. Except as stated below, any dispute arising out of or in connection with these Terms or the App will be finally resolved by arbitration seated in Toronto, Ontario, Canada, before a single arbitrator under the Arbitration Rules of the ADR Institute of Canada, Inc. (ADRIC) in force at the time, in English. The arbitrator may conduct the proceeding by videoconference or on documents alone. The award is final and binding and may be enforced in any court of competent jurisdiction.
Exceptions. (a) Either party may instead bring a claim of up to CAD 10,000 (excluding interest and costs) in a small claims court in Ontario or in the defendant’s place of residence. (b) BJF may apply to any competent court for injunctive or other equitable relief in respect of any breach of section 5 or any infringement of its intellectual property. (c) Nothing in this section deprives you of any right to bring proceedings in the courts of your place of residence, or of any other protection, conferred on you by mandatory consumer law that cannot lawfully be excluded. If the arbitration clause is held unenforceable for a dispute, that dispute is subject to the exclusive jurisdiction of the courts of Ontario sitting in Toronto.
Time limit for claims. To the extent permitted by applicable law, any claim arising out of or in connection with these Terms or the App must be commenced within twelve (12) months after the claimant first knew or ought reasonably to have known of the facts giving rise to it, failing which it is permanently barred.
No class proceedings. To the fullest extent permitted by applicable law, disputes will be resolved on an individual basis only, and each party waives any right to bring or participate in a class, collective or representative proceeding and any right to a jury trial. This waiver does not apply where it is unenforceable under mandatory law applicable to you.

15. App store terms

Apple. If you downloaded the App from the Apple App Store: (a) these Terms are between you and BJF only, not with Apple Inc. (“Apple”), and BJF, not Apple, is solely responsible for the App and its content; (b) the license in section 5 is limited to use on Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may also be accessed by other accounts associated with you via Family Sharing; (c) Apple has no obligation to provide any maintenance or support for the App; (d) if the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are BJF’s responsibility, subject to these Terms; (e) BJF, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation; (f) in the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, BJF, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim; (g) you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (h) you must comply with applicable third-party terms of agreement when using the App; (i) Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
Google. If you downloaded the App from Google Play, you also agree to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the App.

16. General

These Terms, together with the Risk Disclosure and the Privacy Policy, are the entire agreement between you and BJF about the App and replace any prior understandings about it. They do not cover any other BJF product or any custom development work, which are governed by their own agreements. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will stay in effect. Our failure to enforce any right is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. These Terms are written in English. Any translation is provided for convenience only, and the English version prevails in case of any conflict.

17. Contact

Not advice

The App is an information tool. It is not investment, financial, tax or legal advice and is not a recommendation to buy or sell anything. BJF Trading Group Inc. (2202934 Ontario Inc.) is not a registered investment adviser, dealer, broker or exchange in any jurisdiction.

You can lose money

Why an “opportunity” may not be real

A price difference shown in the App is a historical measurement. It often could not have been captured in practice, and similar events may not happen again. Common reasons:

• Execution. The statistics do not include order transmission time, broker processing time, requotes, rejections, partial fills or slippage. A difference that lasted a few hundred milliseconds may be gone before an order arrives.
• Costs. Spreads, commissions, swaps and other fees are not deducted. “Theoretical pips” is a sum of maximum differences, an upper bound, not a profit figure.
• Data limits. The data comes from specific feeds, servers and account types at specific times. Your broker, server, account type or connection may show different prices.
• Broker rules. Many brokers restrict or prohibit latency arbitrage and similar strategies. They may delay execution, widen spreads, cancel trades, refuse withdrawals of profits or close accounts. Check your broker’s terms before trading.
• Changing conditions. Brokers update their price feeds and execution systems. Patterns seen in the past, such as the “best window”, can disappear at any time.
• Technical and counterparty risk. Platforms can fail, connections can drop, and brokers can suffer outages, change rules or become insolvent.
• Legal restrictions. Access to forex and CFD trading, leverage and some instruments is restricted or prohibited in some countries.

Your responsibility

Always verify prices, costs and execution conditions with your broker before trading. Check the tax treatment and legality of trading where you live. All trading decisions and their consequences are your own.