Terms of Use
TradingView added a brand-new rule banning any 'commercial use' of invite-only scripts starting November 1, 2026, with TradingView able to immediately ban accounts and wipe content at its sole discretion if it decides you broke the rule. It also expanded its anti-solicitation rule to cover promoting competitors anywhere on your profile or content, again enforced at TradingView's 'sole and absolute discretion.' The rest of the diff is just section renumbering caused by inserting the new rule.
You can no longer promote competitors anywhere on your profile or content
Previously the rule only banned unauthorized 'soliciting.' Now it specifically bans linking to or promoting a competitor's product or service in your profile, charts, scripts, or any other content you post. This is a new, broader restriction on what you're allowed to post.
“including advertising, promoting, or otherwise directing users to the products or services of a direct competitor of TradingView through TradingView, whether via links or references in your user profile, published charts, scripts, or other user-generated content”
What you can do — Check your profile, charts, scripts, and other published content for any links or mentions of competing products and remove them to avoid a ban.
TradingView now has explicit 'sole and absolute discretion' to ban your account for soliciting
The ban penalty for unauthorized soliciting now explicitly says it's applied at TradingView's 'sole and absolute discretion,' giving the company more unchecked power to decide when to suspend or permanently ban your account for this violation.
“at TradingView's sole and absolute discretion temporary or permanent bans of the account found in violation”
New ban on 'commercial use' of invite-only scripts, defined very broadly
Starting with this update, if you publish or use an invite-only script and accept any payment, tip, or donation for it, use it for a business, or use it to promote a paid product, course, or referral program, you're now breaking the rules. The definition covers a lot of common creator activities, even indirect ones done through someone acting on your behalf.
“Invite-only scripts published on TradingView may be used for non-commercial purposes only. Commercial use of any invite-only script is prohibited.”
What you can do — If you monetize an invite-only script in any way, switch it to the official Marketplace through the Creator Program, or stop monetizing it, before November 1, 2026.
Immediate account ban and content wipe for script rule violations, decided solely by TradingView
If TradingView decides (based only on its own judgment) that you broke the new commercial-use rule after November 1, 2026, it can immediately block your account, delete all your scripts, publications, and profile content, with no notice or appeal process described.
“TradingView may, in its sole discretion and with immediate effect, block or terminate that user's access to TradingView and to all invite-only scripts published by or accessible to that user, remove any or all of that user's scripts, publications, and profile content”
What you can do — Make sure any invite-only scripts you publish or use comply with the new non-commercial rule before November 1, 2026 to avoid losing your account and content without warning.
| 1 | 1 | ## |
| 2 | 2 | |
| 3 | 3 | 1\. Changes to the terms of use |
| 4 | 4 | |
| 5 | Except as described in Section 27.8, we may change these Terms of Use at any time. If you continue to use TradingView after we post changes to these Terms of Use, you are signifying your acceptance of the new terms. You will always have access to our Terms of Use and will be able to check it at any time. By reloading this page, you will have the most up-to-date version available to TradingView users. | |
| 5 | Except as described in Section 28.8, we may change these Terms of Use at any time. If you continue to use TradingView after we post changes to these Terms of Use, you are signifying your acceptance of the new terms. You will always have access to our Terms of Use and will be able to check it at any time. By reloading this page, you will have the most up-to-date version available to TradingView users. | |
| 6 | 6 | |
| 7 | 7 | ## |
| 8 | 8 | |
| 9 | 9 | 2\. Changes to TradingView |
| 10 | 10 | |
| 11 | 11 | We may discontinue or change any service or feature on TradingView at any time without notice. We do not guarantee backward compatibility of our services and Application Programming Interface (API) in this case. |
| 49 | 49 | ## |
| 50 | 50 | |
| 51 | 51 | 5\. Third-party sites and advertisers |
| 52 | 52 | |
| 53 | 53 | TradingView may include links to third-party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You agree that TradingView shall not be held liable for any trading activities or other activities that occur on any website you access through links on TradingView. We provide these links as a convenience, and do not endorse the content or services offered by these other sites. Any dealings that you have with advertisers found on TradingView are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. |
| 54 | 54 | |
| 55 | Unauthorized soliciting on TradingView is strictly prohibited and may result in penalties, including, but not limited to, temporary or permanent bans of the account found in violation, and any appropriate and available legal action for monetary and other damages. | |
| 55 | Unauthorized soliciting on TradingView is strictly prohibited, including advertising, promoting, or otherwise directing users to the products or services of a direct competitor of TradingView through TradingView, whether via links or references in your user profile, published charts, scripts, or other user-generated content, and may result in penalties, including, but not limited to, at TradingView's sole and absolute discretion temporary or permanent bans of the account found in violation, and any appropriate and available legal action for monetary and other damages. | |
± CHANGEDAnti-solicitation rule expanded to cover promoting competitors The rule against unauthorized soliciting now explicitly bans advertising, promoting, or linking to a direct competitor's products or services anywhere on TradingView — including in your profile, charts, scripts, or other content. It also now says bans are issued 'at TradingView's sole and absolute discretion.' | ||
| 56 | 56 | |
| 57 | 57 | ## |
| 58 | 58 | |
| 59 | 59 | 6\. Disclaimer of warranties |
| 60 | 60 | |
| 61 | 61 | TRADINGVIEW WEBSITE AND SERVICES AND ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE AND SERVICES ARE PROVIDED BY TRADINGVIEW ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRADINGVIEW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THAT ANY OF THE INFORMATION AVAILABLE THROUGH OUR SERVICES OR ON TRADINGVIEW IS ACCURATE, RELIABLE, CURRENT, COMPLETE OR APPROPRIATE FOR YOUR NEEDS. TRADINGVIEW DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME TRADINGVIEW MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS TERMS OF USE. TRADINGVIEW DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND TRADINGVIEW DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. |
| 236 | 236 | We may remove your script without notice if we reasonably believe that you are in violation of these Terms of Use. |
| 237 | 237 | |
| 238 | 238 | You can publish the script under any license. If you do not include the license in the comment section of a script, you agree that your script is licensed under the [Mozilla Public License 2.0](https://www.mozilla.org/en-US/MPL/2.0/). |
| 239 | 239 | |
| 240 | 240 | ## |
| 241 | 241 | |
| 242 | 23\. Publications - no recommendation or advice status | |
| 242 | 23\. Prohibition on commercial use of invite-only scripts | |
| 243 | 243 | |
| 244 | Invite-only scripts published on TradingView may be used for non-commercial purposes only. Commercial use of any invite-only script is prohibited. For purposes of this Section 23, "Commercial Use" means any use where, in connection with the invite-only script, any of the following applies: | |
+ ADDEDNew section bans commercial use of invite-only scripts A brand-new Section 23 says invite-only scripts can only be used for personal, non-commercial purposes. It defines 'Commercial Use' very broadly (charging any fee, tips, or donations; publishing on behalf of a business; or using your script, page, or profile to advertise paid products, courses, or referral programs). Starting November 1, 2026, if TradingView decides you violated this, it can immediately block or terminate your account, remove all your scripts and profile content, with no advance notice. Scripts meant for commercial use must instead go through the official paid Marketplace/Creator Program. | ||
| 245 | ||
| 246 | 1. a fee, subscription, donation, or other payment or benefit of monetary value (including tips, gifts, or cryptocurrency) is charged or requested for access to or use of the script; | |
| 247 | 2. the script is published, distributed, or used as, or on behalf of, a company, partnership, trust, or other business or legal entity, or otherwise in the course of a trade or business (including as a sole proprietor), rather than purely in a personal, non-commercial capacity; or | |
| 248 | 3. the script, its publication page or description, or a user's profile is used to advertise or direct users to a paid product or service, or otherwise to generate a commission, referral fee, or other benefit, including a paid signal service, paid community, paid course, or brokerage or exchange referral program. | |
| 249 | ||
| 250 | This Section 23 applies whether the Commercial Use is undertaken directly or indirectly, including by or through any affiliate, employee, agent, or co-publisher acting on behalf of the publisher or user. TradingView will decide, acting reasonably and based on the information available to it, whether a use constitutes Commercial Use. | |
| 251 | ||
| 252 | If TradingView determines that a user has made Commercial Use of an invite-only script, or has otherwise violated this Section 23 following 1 November 2026, TradingView may, in its sole discretion and with immediate effect, block or terminate that user's access to TradingView and to all invite-only scripts published by or accessible to that user, remove any or all of that user's scripts, publications, and profile content, and take any other action available to it under these Terms of Use, including suspension or termination of the user's account under Section 18. | |
| 253 | ||
| 254 | Scripts available for Commercial Use are only permitted to be distributed via the [Marketplace](https://tradingview.com/scripts/marketplace/). You can apply through the [Creator Program](https://tradingview.com/creator-program/). | |
| 255 | ||
| 256 | ## | |
| 257 | ||
| 258 | 24\. Publications - no recommendation or advice status | |
| 259 | ||
| 244 | 260 | The information and publications are not meant to be, and do not constitute, financial, investment, trading, or other types of advice or recommendations supplied or endorsed by TradingView. |
| 245 | 261 | |
| 246 | 262 | Any statement of view (which may be subject to change without notice) is the author's personal opinion, and the author makes no representations or warranties as to the accuracy or completeness of any information or analysis provided. |
| 247 | 263 | |
| 248 | 264 | The authors and TradingView are not liable for any losses incurred as a result of any investment made on the basis of any perceived recommendation, forecast, or other information presented here. |
| 249 | 265 | |
| 250 | 266 | The contents of these publications should not be interpreted as an express or implicit promise, guarantee, or indication by TradingView that customers will profit or that losses in connection with them can or will be limited if they rely on the information provided. |
| 251 | 267 | |
| 252 | 268 | ## |
| 253 | 269 | |
| 254 | 24\. TradingView referral program rules | |
| 270 | 25\. TradingView referral program rules | |
| 255 | 271 | |
| 256 | 272 | 1. Who is eligible to be a referrer? Any TradingView account holder can become a referrer. |
| 257 | 273 | |
| 258 | 274 | 2. Who is eligible to become a referee? Your friends or social media followers may be eligible to be referees. To receive rewards for referring someone who orders a paid plan on TradingView, your referee must be a new TradingView user and can't have more than one account. In addition, your referee must create an account via your shared link and make a purchase on the website. Note that the bonus can only be given for purchases made on the website, not in the apps. |
| 259 | 275 | |
| 260 | 276 | 3. How can I use my referral link? TradingView wants you to share your referral link and earn TradingView rewards, but you agree that you will not: |
| 277 | 293 | 6. How do I spend TradingView earnings? TradingView earnings are subject to a 15-day hold before they can be used. You are able to spend TradingView earnings by purchasing a new subscription or extending an existing one. Please note that TradingView earnings can't be used to pay for exchange market data and earnings can't be used for purchases in the apps. |
| 278 | 294 | |
| 279 | 295 | 7. Termination and changes. TradingView reserves the right to change, end, or pause, in whole or in part, any referral program, as well as any referrer's or referee's ability to participate in any referral program or receive TradingView earnings at any time for any reason, including suspected fraud (including by either the referrer and/or referee), abuse, or any violation of these Rules. |
| 280 | 296 | |
| 281 | 297 | ## |
| 282 | 298 | |
| 283 | 25\. AI Features | |
| 299 | 26\. AI Features | |
| 284 | 300 | |
| 285 | 301 | TradingView may make available features powered by artificial intelligence, including automated screening and conversational assistance tools ("AI Features"). Access to AI Features may require a separate paid subscription or add-on and may be subject to usage limits. TradingView may modify, suspend, limit, or discontinue any AI Feature, in whole or in part, at any time. |
| 286 | 302 | |
| 287 | 303 | AI Features generate content automatically using machine-learning models. Output may be inaccurate, incomplete, outdated, or unsuitable for your purposes, and may not reflect real-time market conditions. You are solely responsible for evaluating and verifying any AI-generated output before relying on it. AI Features and their output are provided "as is" and "as available", without warranties of any kind to the maximum extent permitted by law. They do not constitute, and must not be relied upon as, investment, financial, trading, legal, tax, or other professional advice. To operate AI Features, your prompts, queries, and related usage data may be transmitted to and processed by third-party AI infrastructure and model providers. Such processing is carried out in accordance with our Privacy Policy. You should not submit sensitive personal data through AI Features. |
| 288 | 304 | |
| 289 | 305 | You may use AI Features only for your own lawful, personal, non-automated use of the platform. You must not misuse AI Features, including by attempting to circumvent usage limits, extract or reverse-engineer underlying models, generate unlawful or infringing content, or use output to develop competing products or services. |
| 290 | 306 | |
| 291 | 307 | ## |
| 292 | 308 | |
| 293 | 26\. Limitation of liability | |
| 309 | 27\. Limitation of liability | |
| 294 | 310 | |
| 295 | 311 | YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRADINGVIEW AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF TRADINGVIEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: |
| 296 | 312 | |
| 297 | 313 | - THE USE OR INABILITY TO USE THE SERVICE OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; |
| 298 | 314 | - ANY CHANGES MADE TO THE SERVICE, PRICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; |
| 299 | 315 | - THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER-GENERATED CONTENT; |
| 303 | 319 | - AND ANY OTHER MATTER RELATING TO THE SERVICE. |
| 304 | 320 | |
| 305 | 321 | TradingView may update these Rules at any time. |
| 306 | 322 | |
| 307 | 323 | ## |
| 308 | 324 | |
| 309 | 27\. Arbitration Agreement | |
| 325 | 28\. Arbitration Agreement | |
± CHANGEDSections renumbered after new Section 23 was inserted Because a brand-new section was added, all the sections after it shifted numbers (old 23 'Publications' is now 24, old 24 'Referral program' is now 25, old 25 'AI Features' is now 26, old 26 'Limitation of liability' is now 27, old 27 'Arbitration Agreement' is now 28), and internal cross-references were updated to match. No wording in these sections changed. | ||
| 310 | 326 | |
| 311 | 327 | 1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and TradingView agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the TradingView website located at [www.tradingview.com](https://www.tradingview.com/) (and all associated sites linked to it) and/or of the TradingView services, any communications you receive, and/or the Terms of Use and prior versions of the Terms of Use (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (1) you and TradingView may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or TradingView may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, "Dispute" will also include disputes that arise from or involve facts occurring before the existence of this or any prior versions of the Terms of Use, unless those disputes were noticed prior to this Terms of Use, as well as claims that may arise after the termination of these Terms of Use. |
| 312 | 328 | |
| 313 | 329 | 2. Waiver of Jury Trial. YOU AND TRADINGVIEW HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and TradingView are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled "Applicability of Arbitration Agreement" above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. |
| 314 | 3. Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under subsection 27.5 below entitled "Batch Arbitration." Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, "Waiver of Class and Other Non-Individualized Relief", are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and TradingView agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in New York. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or TradingView from participating in a class-wide or mass settlement of claims. | |
| 315 | 4. Rules and Forum. The Terms of Use evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. Section 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. The arbitration will be administered by the National Arbitration & Mediation ("NAM") in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the "NAM Comprehensive Rules") in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the "NAM Mass Filing Rules"; together with the NAM Comprehensive Rules, the "NAM Rules"), and as modified by this Arbitration Agreement. The NAM Rules are currently available at [https://www.namadr.com/resources/rules-fees-forms/](https://www.namadr.com/resources/rules-fees-forms/). A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Demand"). The Demand must include: (1) the name, telephone number, mailing address, and email address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; and (4) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to TradingView should be sent by email to legal@tradingview.com or regular mail to our offices located at 23rd Floor, 1330 Avenue Of The Americas, New York, NY, 10019. TradingView will provide the Demand to your email address on file. Unless you and TradingView otherwise agree, or the Batch Arbitration process discussed in subsection 27.5 is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the "Fee Schedules"), unless otherwise stated in this Agreement to Arbitrate. The arbitration will be conducted in the English language by a single arbitrator. The arbitrator will be either a retired judge or an attorney and will be selected by the parties from the NAM's roster of consumer dispute arbitrators, provided that if the Batch Arbitration process is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment. If we are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules. | |
| 330 | 3. Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under subsection 28.5 below entitled "Batch Arbitration." Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, "Waiver of Class and Other Non-Individualized Relief", are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and TradingView agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in New York. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or TradingView from participating in a class-wide or mass settlement of claims. | |
| 331 | 4. Rules and Forum. The Terms of Use evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. Section 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. The arbitration will be administered by the National Arbitration & Mediation ("NAM") in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the "NAM Comprehensive Rules") in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the "NAM Mass Filing Rules"; together with the NAM Comprehensive Rules, the "NAM Rules"), and as modified by this Arbitration Agreement. The NAM Rules are currently available at [https://www.namadr.com/resources/rules-fees-forms/](https://www.namadr.com/resources/rules-fees-forms/). A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Demand"). The Demand must include: (1) the name, telephone number, mailing address, and email address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; and (4) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to TradingView should be sent by email to legal@tradingview.com or regular mail to our offices located at 23rd Floor, 1330 Avenue Of The Americas, New York, NY, 10019. TradingView will provide the Demand to your email address on file. Unless you and TradingView otherwise agree, or the Batch Arbitration process discussed in subsection 28.5 is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the "Fee Schedules"), unless otherwise stated in this Agreement to Arbitrate. The arbitration will be conducted in the English language by a single arbitrator. The arbitrator will be either a retired judge or an attorney and will be selected by the parties from the NAM's roster of consumer dispute arbitrators, provided that if the Batch Arbitration process is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment. If we are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules. | |
| 316 | 332 | |
| 317 | 333 | 5. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled "Waiver of Class and Other Non-Individualized Relief," including any claim that all or part of the subsection entitled "Waiver of Class and Other Non-Individualized Relief" is unenforceable, illegal, void or voidable, or that such subsection entitled "Waiver of Class and Other Non-Individualized Relief" has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction. |
| 318 | 334 | 6. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and TradingView agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against TradingView by or with the assistance of the same law firm, group of law firms, or organizations ("Claimant's Counsel"), within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled ("Batch Arbitration"). NAM shall administer all batches concurrently, to the extent possible. All parties agree that Demands are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the "Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by TradingView. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process. |
| 319 | 335 | 7. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: legal@tradingview.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your TradingView account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or TradingView's rights. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future. |
| 320 | 8. Invalidity, Expiration. Except as provided in the subsection entitled "Waiver of Class or Other Non-Individualized Relief," if any part or parts of this Arbitration Agreement (other than subsection 27.5) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if subsection 27.5 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in New York. You further agree that any Dispute that you have with TradingView as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. | |
| 336 | 8. Invalidity, Expiration. Except as provided in the subsection entitled "Waiver of Class or Other Non-Individualized Relief," if any part or parts of this Arbitration Agreement (other than subsection 28.5) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if subsection 28.5 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in New York. You further agree that any Dispute that you have with TradingView as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. | |
| 321 | 337 | 9. Modification. You and we agree that TradingView retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted at [https://www.tradingview.com/policies/](https://www.tradingview.com/policies/) and you should check for updates regularly. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if TradingView makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the TradingView website and/or services following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms of Use with an arbitration agreement and you did not validly opt of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. TradingView will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms of Use. |
| 322 | 338 | |
| 323 | 339 | 10. Governing Courts. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in New York (except for small claims court actions which may be brought in the county where you reside). |
| 324 | 340 | 11. Governing Law. Dispute Resolution (Rest of the world). These Terms of Use and your use of the TradingView website located at [www.tradingview.com](https://www.tradingview.com/) (and all associated sites linked to it) or TradingView services are governed by the laws of New York, excluding its conflicts-of-law rules. If you are resident in a member state of the EEA or a country in which this Arbitration Agreement is prohibited by local law, this section does not apply to you, and the Terms of Use, your use of the TradingView services and any Dispute between us will be exclusively governed by U.S. state or foreign law, e.g. English law, and exclusively decided in the courts of England and Wales, except to the extent prohibited by law. If you are an individual consumer, you may be entitled to invoke the mandatory consumer protection laws of your country of residence, and/or to bring legal proceedings in the courts of that country. If TradingView needs to enforce its rights against you as an individual consumer in the EEA, we will do so only in your country of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. |