IBKR Mobile Beta Testing Agreement

You are about to access certain proprietary software, applications, including IBKR Mobile, and/or products of Interactive Brokers LLC (“IBKR”), (each, a “Product” and collectively, “Products”). 

By downloading the IBKR Mobile app, You agree to the following terms and conditions (“Agreement”):

  1. Overview.  You acknowledge that the Product is being provided in a beta (i.e., test) form that may not be at the level of functionality and performance of the final, generally available product offering and that the results of Your use of the Product is, therefore, confidential and at Your own risk.

  1. General Terms of Use.  You represent, covenant and agree with IBKR as follows:
    1. The Product shall only be used by You and only for testing purposes and providing feedback to IBKR;
    2. You represent that the credentials You are (and will in the future be) entering to access and use the Products were directly issued by IBKR to You, and You agree not to share the credentials with anyone;
    3. You shall not reverse assemble, reverse compile, reverse engineer, or otherwise attempt to derive the source code of the Product; further, You agree to take all reasonable efforts to ensure that no other party takes any such actions in connection with the Product provided to You or access the Product;
    4. You assume all risk in using the Product, including, without limitation, all risk of personal injury or injury to any of Your property;
    5. You acknowledge and agree that You have voluntarily chosen to use the Product with the understanding that IBKR has made no warranties or representations whatsoever regarding the Product or its reliability, safety, or compatibility with the uses proposed by You;
    6. If the Product is tampered with, lost, stolen or otherwise becomes out of Your control, You shall promptly notify IBKR; and
    7. You agree to promptly provide IBKR with any information regarding flaws, errors, bugs, or any other problem encountered with the Product by contacting IBKR at mobilefeedback@ibkr.com.  You shall provide IBKR with comments and feedback regarding the Product in a reasonable time after discovering the basis for such comments and/or feedback.

  1. Non-Disclosure.  You acknowledge and agree that the Product, all documentation provided by IBKR in connection with the Product, and the results of the testing by You contains proprietary information, including trade secrets, know-how and confidential information, that is the exclusive property of IBKR, and You hereby acknowledge that the disclosure of such proprietary information may result in IBKR sustaining substantial and irreparable harm.  Therefore, You agree to use such proprietary information only for the purposes contemplated under this Agreement, and that You shall maintain such proprietary information in confidence.

  1. Non-Disparagement.  You agree that You will make no disparaging statements or comments, in any manner, regardless of forum, concerning the Product, the results of the testing of the Product, IBKR, its officers, directors, employees and agents, and/or its business operations and methods.

  1. License.  You hereby acknowledge that this Agreement only gives You a limited, non-exclusive, nontransferable, nonsublicensable license to use the Product for the limited purposes set forth herein.  You hereby acknowledge that IBKR retains all right, title and interest in and to the Product.  You agree to only access and use the Product with the login credentials specifically assigned to You, and IBKR may terminate Your access to the Product and deactivate Your credentials at any time without notice.

  1. Use of Information.  IBKR may, and You hereby authorize it to, use and disclose information that You provide regarding the Products, including any feedback and suggestions for changes or improvements.  You hereby assign all rights in any ideas, inventions and other information that You provide.  If You do not want IBKR to own these, then You should not provide them.

  1. Waiver and Release.  In consideration of IBKR’s agreement and permission for You to use the Product prior to its being made commercially available, You hereby waive, release and forever discharge IBKR from any and all losses, damages, costs or injuries which are directly or indirectly related to, caused by, or arise out of Your use of the Product, or any related matter, whether or not due to any act or omission on IBKR’s part, including, but not limited to, any loss of data, or loss of life or injuries and/or claimed injuries to persons or property that may be sustained.

  1. Warranties Disclaimed and Limitation of Liability.  IT IS UNDERSTOOD BY YOU THAT THE PRODUCT AND THE INFORMATION REGARDING THE PRODUCT ARE PROVIDED ON AN "AS IS" BASIS, THAT THE PRODUCT MAY NOT HAVE BEEN FULLY TESTED, AND THAT THE PRODUCT MAY CONTAIN SUBSTANTIAL DEFECTS. YOU AGREE THAT ANY USE OF THE PRODUCT AND THE INFORMATION REGARDING THE PRODUCT IS SOLELY AT YOUR OWN RISK.  IBKR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IBKR DOES NOT WARRANT OR REPRESENT THAT THE PRODUCT WILL BE OPERATIONAL DURING THE PERIOD OF TIME THAT YOU HAVE AGREED TO TEST THE PRODUCT, OR THAT THE USE OF THE PRODUCT WILL BE AVAILABLE TO YOU FOLLOWING THE TESTING PERIOD.  ADDITIONALLY, IT IS UNDERSTOOD AND ACKNOWLEDGED BY YOU THAT SUBSTANTIAL PROBLEMS MAY OCCUR IN CONNECTION WITH THE UNDERSIGNED’S USE OF THE PRODUCT WHICH ARE BEYOND IBKR’S CONTROL AND FOR WHICH THE UNDERSIGNED SHALL HAVE NO CLAIM AGAINST IBKR, INCLUDING, BUT NOT LIMITED TO, LIMITATIONS OF THE INTERNET AND COMMUNICATIONS SYSTEMS.  IN NO EVENT SHALL IBKR’S TOTAL LIABILITY UNDER THIS AGREEMENT, WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEED $100, AND IN NO EVENT SHALL IBKR BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE PRODUCT, EVEN IF IBKR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Termination of Testing.  IBKR may terminate this Agreement at any time with notice and without any liability.  Upon any termination of this Agreement, You shall immediately discontinue use of the Product, and shall within three (3) days return to IBKR the Product and any documentation or other information printed or downloaded, or provided by IBKR.  You may terminate this Agreement by returning all IBKR’s materials in an undamaged condition and ceasing all access and use of the Products.  All terms of this Agreement that, by their nature, should be considered to survive termination, shall survive termination, including without limitation Sections  2, 3, 4, 6, 7 and 8-10 shall survive the termination of this Agreement.  You shall remain responsible for the Product and use of Your credentials.  IBKR may, in its sole discretion, permit You to continue to use the Product, provided You agree in writing to IBKR’s then-current terms of service.

  1. Miscellaneous Terms.
    1. This Agreement and all Exhibits hereto contain the entire agreement between You and IBKR with respect to the Product.  This Agreement may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought. 
    2. This Agreement is personal to You, and may not be assigned without IBKR's express written consent.
    3. This Agreement in no way authorizes You to use IBKR’s name, trademarks, copyrightable material, or the fact of the beta test for any reason.
    4. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such reformation shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under any circumstances.
    5. This Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to principles of conflicts of law.  Any dispute relating to this Agreement shall be resolved pursuant to the dispute resolution clauses contained in the customer agreement between You and IBKR.
    6. In the event of a breach or threatened breach by You of the provisions this Agreement, You hereby agree that IBKR will suffer irreparable harm for which there is no adequate remedy at law and, without limiting whatever other rights and remedies IBKR may have under this Agreement, You hereby consent to the issuance of an injunction in IBKR’s favor enjoining any breach of this Agreement by any court of competent jurisdiction.  Nothing herein shall be construed as prohibiting IBKR from pursuing any other remedies available to IBKR for such breach or threatened breach, including the recovery of damages from You.  Further, You hereby agree to pay IBKR for any and all fees and costs, including reasonable attorneys’ fees, incurred by IBKR in enforcing the provisions of this Agreement.
    7. You acknowledge that the laws and regulations of the United States restrict the export and re-export of certain software and technology.  You shall not, either directly or indirectly, export, re-export or disclose to any foreign national all or part of the Confidential Information disclosed to You by IBKR or do any other act with respect to such Confidential Information prohibited by any laws or regulations.  You shall indemnify and hold IBKR harmless from and against all liability and costs arising from breach of this section.
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IBKR Beta Testing Agreement