Terms of Service

1. Introduction

Welcome to MarketByOrder (the "Service"), a day trading simulator allowing users to experience trading using historical data from CME provided by Databento. By using the Service, you agree to these Terms of Service ("Terms"). If you do not agree, please refrain from using the Service.

2. Eligibility

You must be at least 18 years old to use this Service. By using the Service, you confirm that you meet this requirement.

3. Educational Purpose

The Service is intended solely for educational purposes. It allows users to make simulated trades using historical market data but does not involve any real financial transactions, assets, or monetary rewards. This Service is not a substitute for professional financial advice and should not be relied upon for real trading decisions.

4. User Responsibilities

• Use the Service only for personal, non-commercial purposes.
• Do not attempt to manipulate or alter the data, algorithms, or any feature of the Service.
• Keep your login credentials secure, as you are responsible for all activity on your account.

5. Data Provided by Third Parties

The data available through the Service is provided by Databento and sourced from CME. MarketByOrder does not control the accuracy or completeness of this data and is not responsible for any errors, omissions, or inaccuracies.

6. Limitations of Liability

• No Financial Advice: MarketByOrder does not provide financial advice. The Service is solely for simulated trading and educational purposes.
• No Guarantees: The Service is provided "as is" without warranties of any kind. MarketByOrder does not guarantee data accuracy or uninterrupted service.
• Limitation of Liability: To the maximum extent permitted by law, MarketByOrder shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Service.

7. Intellectual Property

All software, data, and other intellectual property available through the Service are the exclusive property of MarketByOrder and its licensors. You agree not to copy, modify, distribute, or create derivative works of the Service or its content without express written permission.

8. Prohibited Activities

• Do not engage in any unlawful activity while using the Service.
• Do not use automated systems (such as bots) to interact with the Service.
• Do not attempt to gain unauthorized access to the Service or interfere with its functionality.

9. Changes to Terms of Service

MarketByOrder reserves the right to modify these Terms at any time. Any changes will be posted on this page with an updated "Effective Date." Your continued use of the Service after changes are posted constitutes your acceptance of the modified Terms.

10. Termination

MarketByOrder may terminate or suspend your access to the Service at any time, without notice or liability, for any reason, including breach of these Terms.

11. Contact Information

For questions about these Terms, please contact geoff@marketbyorder.com.

12. Data Access and Restrictions

MarketByOrder provides access to historical market data through different features with varying restrictions:

• Streamed Replay Data: This refers to actively replayed market data displayed on the Depth of Market (DOM) and other trading interfaces. Access to streamed replay data is subject to subscription tier limitations.
• Footprint Charts: Access to footprint chart data is restricted to data within the past 30 days, regardless of subscription tier. THIS LIMITATION IS TEMPORARY.

13. Fair Use Policy

While MarketByOrder aims to provide generous access to historical market data for educational purposes, the Service is subject to a fair use policy. Typical usage includes streaming up to several hours of data per day. Excessive use — such as continuous or automated streaming of 10 or more hours per day across multiple days per week — may place an unreasonable burden on system resources and is not permitted.

MarketByOrder reserves the right to investigate excessive usage patterns and may take actions such as rate limiting, temporary suspension, or account termination if usage violates this Fair Use Policy.

14. Open Source Acknowledgements

This Service uses open-source components, including icons from the Lucide project licensed under the ISC License. Copyright (c) for portions of Lucide are held by Cole Bemis 2013-2022 as part of Feather (MIT), and all other copyright (c) for Lucide are held by Lucide Contributors 2022.