Effective Date: May 31, 2025
Please read these Terms of Use (“Terms”) carefully before using any services provided by BluSky Trading Company LLC, doing business as BluSky or BluSky.pro (“BluSky”, “Company”, “we”, “our”, or “us”). These Terms govern your access to and use of BluSky’s websites, services, products, features, and content (collectively, the “Services”).
By accessing, registering for, browsing, or using the Services, you agree to be bound by these Terms and any policies referenced herein, including the Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.
If you are using the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.
1. Eligibility & Account Registration
1.1. Age Requirement: You must be at least 18 years of age to use the Services. By registering, you represent that you meet this requirement.
1.2. Account Creation: You may be required to create an account. You agree to provide accurate, complete, and current information and to keep such information updated.
1.3. Account Security: You are solely responsible for maintaining the confidentiality of your account credentials. You may not share your login or create multiple accounts using different email addresses.
1.4. Transfer Prohibited: Accounts may not be transferred without prior written consent from BluSky.
2. Services and Educational Use Only
2.1. Educational Nature: All Services, including performance-based trading programs, contests, simulations, and educational tools, are for educational purposes only. No real money is traded or exchanged.
2.2. No Investment Advice: The Services are not intended to provide investment, tax, or legal advice. You are solely responsible for your own trading decisions.
2.3. Performance Disclaimer:
Past simulated performance is not indicative of future results.
No representation is made that any account will achieve profits or losses similar to those shown.
2.4. CFTC Rule 4.41 Compliance: Hypothetical or simulated trading results have inherent limitations. Unlike actual performance records, simulated results do not represent real trading and may differ due to market factors such as liquidity or slippage.
3. Refunds and Billing Policy
3.1. No Refunds Policy: All subscription sales are final and non-refundable.
3.2. Exception Window: Refunds may be considered within 48 hours of purchase with a written, reasonable justification. If granted, a 50% fee will be deducted to cover merchant processing fees.
3.3. Abandoned Accounts: Evaluation, BluLive, SimFunded, or brokerage accounts inactive for 30 consecutive days may be closed at our discretion.
4. Prohibited Conduct
You agree not to engage in the following conduct:
Abuse, harassment, or hate speech toward staff or other users
Spamming, unauthorized promotions, or system manipulation
Attempting to circumvent account limits or using multiple emails
Posting defamatory, offensive, or illegal content
Sharing BluSky correspondence or proprietary material without authorization
Violation of this section may result in account termination without refund.
5. Content and Intellectual Property
5.1. Ownership: All materials and content provided through the Services, including text, graphics, software, and documentation, are owned by BluSky or its licensors and are protected by copyright and intellectual property laws.
5.2. License to BluSky: By submitting content (e.g., statistics, comments, performance data), you grant BluSky a worldwide, royalty-free, perpetual, sublicensable, and irrevocable license to use, display, reproduce, and distribute that content, subject to our Privacy Policy.
5.3. Leaderboard Display: You acknowledge that your username and contest statistics may be publicly displayed on leaderboards and similar features.
6. Service Availability and Modification
BluSky reserves the right to:
Modify or discontinue any aspect of the Services at any time
Limit access to users in certain jurisdictions
Impose new fees or modify existing pricing (with prior notice)
Deny service to any user at our sole discretion
7. Third-Party Content and Services
BluSky is not responsible for third-party content, links, services, or claims. Your interactions with third parties, including purchases or disputes, are solely between you and that third party. We disclaim any liability related to such interactions.
8. Legal Disclaimers and Limitation of Liability
8.1. As-Is Basis: The Services are provided “as is” and “as available,” with no warranties of any kind. BluSky disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
8.2. Limitation of Liability:
To the maximum extent allowed by law, BluSky’s liability is limited to the greater of:
(a) $100;
(b) the amount you paid in the 12 months prior to the claim; or
(c) zero if no payments were made.
BluSky shall not be liable for indirect, incidental, special, or consequential damages, including loss of data, profits, or goodwill.
9. Indemnification
You agree to indemnify, defend, and hold harmless BluSky, its officers, agents, partners, employees, and affiliates from any and all claims, liabilities, losses, and expenses (including legal fees) arising out of your use of the Services, your User Submissions, or your violation of these Terms.
10. Dispute Resolution and Governing Law
10.1. Arbitration: All disputes arising from these Terms or use of the Services shall be resolved via binding arbitration in Pinellas County, Florida, pursuant to the laws of the State of Florida, without regard to conflicts of law.
10.2. Waiver of Class Actions: You and BluSky agree to resolve disputes only on an individual basis. Class action lawsuits and class arbitrations are not permitted.
10.3. Equitable Relief: BluSky reserves the right to seek injunctive or equitable relief in a court of competent jurisdiction.
11. Termination and Suspension
We may suspend or terminate your account and access to the Services at any time, with or without cause, and without prior notice. This includes but is not limited to breaches of these Terms or inappropriate behavior.
Upon termination, your right to use the Services will cease immediately. You may lose access to your content and data.
12. Miscellaneous
These Terms constitute the entire agreement between you and BluSky.
If any part of these Terms is found unenforceable, the remainder will still apply.
No waiver of rights is valid unless in writing.
You may not assign your rights or obligations under these Terms without written consent.
13. Contact Information
BluSky Trading Company, LLC
Clearwater, Florida, USA
📧 [email protected]