Beta terms

Who provides the app

TapeVision is provided by Tapevision Pty Ltd, Australian Company Number 703 534 187, called the provider here. These terms are an agreement between Tapevision Pty Ltd and the person using the app, called the user. These terms apply to public and invitation-only beta versions of TapeVision.

Contact the provider at support@tapevision.app. Company information is available at tapevision.app/legal.

These terms also apply to updates supplied under them and to the provider's accompanying documentation and support. If the app is used on behalf of an organisation, the person accepting these terms must have authority to bind that organisation, and the organisation is the user. Each person operating a connected account must be authorised to do so.

Free during the beta

The app is free during the beta. The public-beta version supplied under these terms does not require a TapeVision account. Later beta versions may introduce an account requirement, subject to the Changes and ending section. Invitation-only builds may require an invited account and a license. Paid plans may follow, and some features may then need an account. Using the beta does not start a paid subscription. Any paid plan requires a separate purchase. These terms do not promise a price or entitlement to features after the beta ends.

Start with the built-in Paper Broker or a broker's paper account to learn the app. Supported live brokerage accounts may also be connected during the beta. Orders sent to a live account use real money. Paper-trading results do not establish how live orders will execute.

Beta software may contain faults that delay, duplicate or prevent orders, or affect their price or quantity. Faults can also cause unintended orders to be sent, including orders the user did not request. Such faults can cause financial loss. The risk notice explains specific operating limits and trading risks.

Right to use

Subject to these terms and any applicable invitation or license requirements, the provider grants the user a non-exclusive licence to use the applicable beta version while it remains available under these terms. This licence does not transfer ownership of the software or its intellectual property. Components from third parties keep their own licences, listed in Settings under About, and nothing in these terms restricts rights granted by those licences or by applicable law.

The user must not resell or sublicense the app, distribute modified copies as the provider's software, bypass licence or access controls, gain unauthorised access to systems or accounts, or interfere with the security or operation of the app or connected services. The app must not be used for unlawful trading, market manipulation or other unlawful purposes. These restrictions apply only to the extent permitted by law and subject to applicable third-party licences.

How a version ends

The default expiry for opening new positions is 90 days after a beta version was built, not after download, installation or first use. This is not a guaranteed period of availability. Subject to applicable law, the provider may end the beta at any time and set an earlier end date for existing beta versions, regardless of when they were downloaded or installed. A beta-wide end date can therefore leave only a few days of use, or less, for a newly downloaded version. The app displays its scheduled end and warnings before expiry; a change to the end date may leave less warning time.

Ending a version or suspending new positions does not itself disable orders that close or reduce positions or the monitoring of stops already set. App-held stops still require the app to be running and awake, connected to the broker and receiving live prices for the relevant session. Broker availability, market conditions and software faults can still prevent an order from being sent or filled.

While running and connected, the app checks the provider's signed update list periodically. The provider can use it to change a version's end date, require a newer version, display a notice or suspend new positions. These powers may be used to address material faults, security problems, broker or data-service changes, legal requirements, or the end of the beta. The provider will give reasonable advance notice where practicable; urgent faults or security problems may require an immediate restriction.

Available updates are offered in the app and are not downloaded or installed without the user's agreement. No particular future release is promised, subject to obligations under applicable law.

Orders and trading decisions

TapeVision is provided as software for information, analysis and order entry. It is not intended to provide financial or investment advice, recommendations, or the provider's opinions on whether to buy, sell or hold a financial product. Its outputs do not replace independent judgement or advice from an appropriately qualified financial adviser.

The app sends instructions to the broker account the user connects, using the user's broker credentials or authorised connection. The provider does not hold the user's brokerage funds or securities. The user chooses the account, trades, quantities and order settings, including the settings of any automated rules enabled in the app.

The user must have authority to connect and operate each broker account and must take reasonable steps to protect the devices, credentials and connections used to access it. If unauthorised access is suspected, the user must promptly take reasonable steps through the broker to secure the account and check its orders and positions. Software checks do not establish that a trade is suitable, authorised by the account holder or certain to be accepted by the broker.

Charts, indicators and calculations display market data, reported facts and calculated results, not the provider's investment opinions. Estimates and model outputs depend on their inputs and assumptions and are not established facts.

All information displayed or generated by the app may be incorrect, incomplete, delayed or out of date. This includes realised and unrealised profit and loss, account balances, buying power, margin figures, positions, open orders, order status, fills and order history, as well as charts, market data, indicators, calculations, research and other outputs, whether obtained from third parties or produced by the app. Errors may arise from source data, software faults, calculations or connection problems. A displayed profit may be a loss, and an order or position may be missing or shown incorrectly. An absent order or position in the app does not confirm that none exists at the broker. Describing information as factual or calculated does not guarantee its accuracy. Check account figures, orders and positions directly with the broker before relying on them for a trading decision. Verify other information material to a trading decision against an appropriate independent source before acting.

Charts, calculations, research, scores, rankings, alerts and automated rules have data and model limitations. Their outputs do not establish that a trade is suitable for the user's circumstances. No particular investment return or execution price is promised. Displaying third-party information or commentary does not mean the provider endorses it.

Backtests, replay and paper-trading results are hypothetical and do not predict future performance. They depend on historical data and modelling assumptions and may not fully reproduce liquidity, fees, slippage, execution delays or other live-market conditions.

The user's broker and data providers have their own terms, which also apply to those services. The user must hold the permissions required for their use of those services and is responsible for charges those providers impose on the user. Connecting a service through the app does not grant additional rights to its data or promise continued connectivity, compatibility or availability of particular features.

Trading risks and order handling

Every trade carries a risk of loss. With margin, short selling or options, a loss can be larger than the money in the account. A stop does not guarantee an exit or a maximum loss. A stop-market order can execute substantially beyond its trigger price or fail to execute. A stop-limit order may not execute at all. Price gaps, trading halts, insufficient liquidity, broker restrictions, and software or connection failures can prevent an exit.

Orders are sent on a best-effort basis. Nothing guarantees that an order arrives, fills, or fills at a given price. A lost internet connection, a broker or market-data outage, delayed or wrong prices, or an error in the app can delay an order, fill it at a worse price, or stop it from being sent at all. Faults can also cause unintended orders to be sent, including orders the user did not request.

Virtual orders are the stops, targets and trailing stops the app holds itself instead of the broker. The broker does not see one until it triggers. On a desktop installation, it triggers only while the app is running on the computer, awake and connected to the broker and to live prices for the relevant session. Quitting the app, shutting the computer down, letting it sleep or losing the connection means the order is not sent and the position is left unprotected by that virtual order.

For a server installation, virtual orders depend on the server running the app being up and connected to the broker and to live prices for the relevant session. A stopped server or a lost connection means the order is not sent and the position is left unprotected by that virtual order.

Verify order and position status directly with the broker. Positions and orders need checking at the broker as well, above all after a restart, a lost connection or an error message. Before resending an uncertain order, check its status directly with the broker to avoid placing a duplicate.

Submission, acknowledgement, acceptance and execution are different stages of an order. A request to cancel or replace an order does not confirm that the request has taken effect; an order may execute before it does. Check the resulting order and position status directly with the broker.

Kill switches, loss limits, margin warnings, alerts and other automated controls may fail to activate, activate incorrectly or react too late. Notifications may be delayed or absent. These tools do not guarantee a maximum loss or enforcement of a limit across the broker account, including activity outside the app. The user remains responsible for monitoring the account and taking action through the broker when necessary.

Support and records

Sending a report or support request does not instruct the provider to monitor an account, cancel an order, close a position or take other trading action. Use the broker directly when trading action is needed. Unless separately agreed or required by applicable law, the provider does not undertake to provide support, respond within a particular time, correct a particular fault or recover data.

Journal entries, profit and loss calculations and exports may be incomplete or unsuitable as accounting or tax records. They do not replace broker statements or records the user is required to keep. The user is responsible for retaining appropriate records and backups. Unless separately agreed or required by law, the provider does not undertake to archive, retain a recoverable copy of or restore data held on the user's installation.

Data

The Privacy notice at tapevision.app/privacy explains the provider's handling of information from the app and website.

Optional screenshots, messages and reports can contain account details, balances, positions or other information visible on screen or supplied by the user. Check the selected attachments and content before sending, and do not include passwords or broker credentials in messages or screenshots.

Accepting these terms does not turn on optional usage statistics or automatic crash reporting. Those have separate choices.

The user must have authority to submit any reports, attachments or other material sent to the provider. The user permits the provider to use voluntarily submitted product suggestions to develop and improve its products without payment for those suggestions. This permission does not transfer ownership of the user's trading records or other submitted material, grant permission to publish private material, or change the handling of personal information described in the Privacy notice.

Liability

Nothing in these terms excludes, restricts or modifies a right, guarantee or remedy that applicable law does not allow to be excluded, restricted or modified, including applicable guarantees and remedies under the Australian Consumer Law. The exclusions and limitations below operate subject to this paragraph.

In this section, protected persons means the provider's directors, officers, employees and contractors, but only in relation to acts or omissions in performing work for the provider in connection with the app. The exclusions and limitations in this section benefit the provider and each protected person, subject in every case to the first paragraph. The provider holds the benefit of these protections on trust for each protected person, who may enforce that benefit to the extent permitted by law.

Order submission and monitoring operate on a best-effort basis under the conditions described in these terms. Except as expressly stated in these terms or required by applicable law, the provider gives no warranty or undertaking about availability, accuracy, reliability or fitness for a particular purpose. The provider does not promise uninterrupted or error-free operation, continuous access to a broker or market-data service, or that an order will be accepted, sent, executed or cancelled at a particular time or price. To the extent permitted by law, implied terms, conditions and warranties are excluded.

To the extent permitted by applicable law, the provider excludes liability to the extent loss results from the user's trading decisions, account selection, credentials, equipment or settings, or from market movements, broker or exchange restrictions, or failures of independent brokers, data providers, networks or other services outside the provider's reasonable control.

To the extent permitted by applicable law, the provider excludes liability for indirect or consequential loss, and for loss of profit, revenue, business, anticipated savings, opportunity or goodwill, arising from use of, or inability to use, the app. The exclusions and limitations in this section apply whether a claim arises in contract, tort (including negligence), statute or otherwise, subject to the non-excludable rights in the first paragraph.

Only for goods or services of a kind not ordinarily acquired for personal, domestic or household use or consumption, and only where section 64A of the Australian Consumer Law permits it and reliance on the limitation is fair and reasonable, liability for a failure to comply with a consumer guarantee is limited as follows. For goods, the provider may choose repair, replacement, equivalent goods, or payment of the reasonable cost of repair, replacement or equivalent goods. For services, the provider may choose to supply the services again or pay the reasonable cost of having them supplied again. This limitation does not apply to the guarantees under sections 51, 52 or 53, or to any liability that section 64A does not permit to be limited.

To the extent permitted by applicable law, compensation is reduced to reflect loss caused or contributed to by the user's acts or omissions and loss that reasonable steps could have avoided. The user must take reasonable steps to limit further loss after discovering a problem, including checking orders and positions directly with the broker.

Law and consumer rights

These terms are governed by the laws of New South Wales, Australia. This choice does not deprive a consumer of protections that cannot be excluded under the law applicable to that consumer, including mandatory protections of the country where the consumer lives.

Subject to any right under applicable law that cannot lawfully be restricted, the provider and the user submit to the exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them for disputes arising out of or in connection with these terms or the app. This clause does not prevent a consumer from bringing proceedings in another court where applicable law gives the consumer a right to do so that cannot lawfully be restricted, or require a consumer to defend proceedings in a court contrary to such a right.

Changes and ending

Editorial corrections that do not change rights or obligations do not require renewed agreement. Changes to rights or obligations apply to a user only after the app has presented the revised terms and the user has agreed to them. A change does not remove rights or claims that arose before it took effect.

The provider may suspend or terminate the user's permission to use the app where reasonably necessary to address a material breach of these terms, unlawful use or a material security threat. Where practicable, the provider will give notice and an opportunity to remedy a breach before termination; urgent risks may require immediate action. The scope and duration of a suspension must be reasonably related to its grounds. The user remains responsible for managing open orders and positions directly with the broker. This paragraph does not change the description of version expiry and suspension of new positions in How a version ends.

A user can stop using the app at any time. Before closing or uninstalling it, check and manage any open positions and orders directly with the broker. Stopping the app stops its monitoring of virtual orders; it does not itself close brokerage positions or cancel orders already accepted by the broker.

If a provision cannot lawfully apply, the remaining provisions continue to apply to the extent permitted by law.

Ending these terms does not affect rights or liabilities already accrued. The provisions concerning intellectual property, submitted suggestions, liability, governing law and the interpretation and enforcement of these terms continue to apply where relevant after use ends. A delay or failure to exercise a right does not by itself waive that right. Nothing in these terms overrides a separate agreement expressly made with the provider or excludes rights or remedies that applicable law does not permit to be excluded.