TERMS OF SERVICE
Last updated February 02, 2026
AGREEMENT TO OUR LEGAL TERMS
This software is developed and offered by Gonzalo Sánchez Pla, acting as an individual and not as a company, resident in Spain ("we," "us," "our").
We operate the website tradecontrolapp.com (the "Site") and provide the software tools, documentation, and related functionality described in these Legal Terms (collectively, the "Services"). The Services are independent from any third-party platforms, marketplaces, brokers, or software, even where the Services integrate with or are distributed through such third parties.
We provide a NinjaTrader add-on designed to assist users with order placement and risk parameter configuration. The software is a technical tool only, does not provide investment advice, trading signals, or automated decision-making, and all trading decisions and executions remain solely under the user’s responsibility, using NinjaTrader and the connected broker.
You can contact us by email at [email protected].
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Gonzalo Sánchez Pla, concerning your access to and use of the Services. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms, conditions, or documents that may be posted on the Services from time to time are hereby expressly incorporated by reference. We reserve the right to modify these Legal Terms at our discretion. Changes will be reflected by updating the “Last updated” date. Where permitted by applicable law, you waive any right to receive specific notice of such changes. It is your responsibility to review these Legal Terms periodically. Continued use of the Services after changes are posted constitutes acceptance of the revised Legal Terms.
The Services are intended solely for Users who are at least eighteen (18) years old. Persons under the age of eighteen (18) are not permitted to access or use the Services.
We recommend that you retain a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. SUBSCRIPTIONS
8. REFUNDS POLICY
9. SOFTWARE
10. PROHIBITED ACTIVITIES
11. PERMITTED PROMOTIONAL USE
12. FEEDBACK AND SUGGESTIONS
13. THIRD-PARTY WEBSITES AND CONTENT
14. ADVERTISERS
15. SERVICES MANAGEMENT
16. PRIVACY POLICY
17. TERM AND TERMINATION
18. MODIFICATIONS AND INTERRUPTIONS
19. GOVERNING LAW
20. DISPUTE RESOLUTION
21. CORRECTIONS
22. DISCLAIMER
23. LIMITATIONS OF LIABILITY
24. INDEMNIFICATION
25. USER DATA
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
27. MISCELLANEOUS
28. CONTACT US
29. RISK DISCLOSURE
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within such jurisdiction or country. Accordingly, persons who access the Services from other locations do so on their own initiative and are solely responsible for compliance with applicable local laws.
The Services consist of software tools provided for technical and educational purposes only. The Services do not provide investment advice, portfolio management, financial recommendations, trading signals, or any regulated financial services. The Services are not intended to constitute, and shall not be interpreted as, investment advice, an offer, solicitation, or recommendation to buy or sell any financial instruments.
“User” means any individual or legal entity that accesses, installs, downloads, registers for, or otherwise uses the Services, whether during a free trial period or under a paid subscription, and whether acting personally or on behalf of an organization.
Users acknowledge that trading and investing involve substantial risk and that all trading decisions are made solely by the User.
The services are not authorized or regulated as a financial institution, investment firm, broker, dealer, advisor, or similar regulated entity under European Union law, United Kingdom law, or United States federal or state law. Users are solely responsible for ensuring that their use of the Services complies with all applicable financial, trading, tax, and regulatory requirements in their respective jurisdictions.
Third-Party Dependencies. The Services require and depend on third-party platforms and services, including supported versions of NinjaTrader, operating systems, brokers, data feeds, and internet connectivity. We do not control and are not responsible for the availability, performance, order execution, pricing, data accuracy, outages, errors, policy changes, or actions of any third-party provider. You are solely responsible for configuring and maintaining a compatible environment.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” and remain our property or the property of our licensors. Except as expressly permitted by these Legal Terms or an applicable license, no rights are granted to the User to use, reproduce, modify, distribute, or otherwise exploit the Content or Marks.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant the User a limited, non-exclusive, non-transferable, and revocable license to access and use the Services in accordance with these Legal Terms.
Subject to the same conditions, the User may download or print copies of Content solely for informational or reference purposes, provided that such use does not involve reproduction, redistribution, public display, or exploitation of the Content or Marks beyond what is expressly permitted by these Legal Terms or an applicable license.
Except as expressly permitted by these Legal Terms, an applicable EULA, or with our prior written consent, no part of the Services, and no Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited.
If you wish to make any use of the Services, Content, or Marks beyond what is expressly permitted, you must obtain our prior written authorization. Any permission granted must clearly identify us as the owners or licensors of the Services, Content, or Marks and must preserve all copyright and proprietary notices.
We reserve all rights not expressly granted to the User in and to the Services, Content, and Marks. Any breach of these intellectual property rights constitutes a material breach of these Legal Terms and may result in immediate termination of access to the Services.
Feedback and Communications
By contacting us or submitting questions, comments, suggestions, ideas, or other non-confidential feedback regarding the Services (“Feedback”), you acknowledge and agree that we may use such Feedback for any lawful purpose, including to improve, modify, or develop the Services, without obligation to provide compensation or attribution.
You retain ownership of any intellectual property rights you may have in your Feedback. However, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and incorporate such Feedback into the Services.
You represent and warrant that any Feedback you provide is lawful, does not infringe any third-party rights, and does not contain confidential or proprietary information.
The Services do not host or allow the publication of user-generated content, and we are not responsible for any content created or published by Users outside the Services.
3. USER REPRESENTATIONS
By using the Services, the User represents and warrants that:
(1) all registration information submitted is true, accurate, current, and complete;
(2) such information will be maintained and promptly updated as necessary;
(3) the User has the legal capacity to enter into these Legal Terms and agrees to comply with them;
(4) the User is not a minor in the jurisdiction in which they reside;
(5) the User will not access or use the Services through automated or non-human means in a manner intended to abuse, circumvent, or interfere with the Services, including through unauthorized bots, scripts, or similar mechanisms;
(6) the User will not use the Services for any unlawful or unauthorized purpose; and
(7) the User’s use of the Services will not violate any applicable law or regulation.
If any information provided by the User is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate access to the Services and to refuse any current or future use of the Services, in whole or in part.
4. USER REGISTRATION
You may be required to register or create an account to access certain features of the Services. The User is responsible for maintaining the confidentiality of all account credentials and for all activities that occur under the User’s account or license.
You are responsible for safeguarding your account credentials, license identifiers, and devices used to access the Services. You agree to promptly notify us if you know or reasonably suspect any unauthorized access, credential compromise, loss or theft of a device, or any other security incident affecting your account or license. You remain responsible for all activity occurring under your account or license to the extent permitted by applicable law.
We reserve the right, in our sole discretion, to remove, modify, reclaim, suspend, or disable any account, username, identifier, or access credential that we determine to be misleading, inappropriate, unlawful, or otherwise in violation of these Legal Terms.
5. PRODUCTS
All products and features are subject to availability. We reserve the right to modify, suspend, or discontinue any product or feature, in whole or in part, at any time and for any reason. Prices and pricing structures are subject to change in accordance with the applicable sales channel.
6. PURCHASES AND PAYMENT
Payments for subscriptions or licenses offered through third-party marketplaces, including the NinjaTrader ecosystem, are processed exclusively by such third parties and are subject to their respective payment terms, billing systems, and policies. We do not directly process, collect, store, or handle user payments made through third-party marketplaces.
Pricing, billing, payment methods, currencies, taxes, refunds, chargebacks, and any payment-related disputes for purchases made through third-party marketplaces are governed solely by the terms and conditions of the applicable marketplace provider.
We do not control and are not responsible for issues caused by such third-party channels, including download failures, update delivery problems, or availability limitations. This includes issues related to marketplace installation flows, update delivery, or platform-side availability.
Where purchases are made directly through the Services, Users agree to provide accurate and up-to-date billing information and authorize us to process payments in accordance with the terms disclosed at the time of purchase.
7. SUBSCRIPTIONS
Billing and Renewal
Paid subscriptions do not begin automatically after a free trial. A paid subscription is activated only if the User explicitly upgrades to a paid plan. No charges will be made unless and until the User completes an explicit upgrade to a paid subscription.
Free Trial
The free trial is offered once per User and does not activate a paid subscription. At the end of the free trial period, access to the Services will be suspended unless the User chooses to upgrade to a paid subscription.
We reserve the right to limit, deny, or terminate free trial access if we determine, in our sole discretion, that a User has attempted to reuse the free trial or circumvent trial limitations, including by creating multiple accounts or using technical workarounds. In such cases, continued access to the Services requires an active paid subscription under the terms then in effect.
Cancellation
Because paid subscriptions are activated only through an explicit User action, no cancellation is required during the free trial period. Once a paid subscription is active, the User may cancel at any time, and the cancellation will take effect at the end of the then-current paid term. If you have any questions or are unsatisfied with the Services, you may contact us at [email protected].
Fee Changes
We may modify subscription fees from time to time. For subscriptions or purchases processed directly by us, any changes to pricing will be communicated in advance and applied in accordance with applicable law prior to becoming effective.
For subscriptions or purchases processed through third-party marketplaces or platforms, including NinjaTrader or similar providers, pricing, billing, and any fee changes are governed by the terms and notification practices of the applicable third-party provider.
8. REFUNDS POLICY
All sales are final and no refunds will be issued, except where required by applicable law. Where legally permitted, for purchases processed directly by us, by purchasing and accessing the Services, the User expressly consents to the immediate performance of the digital services and acknowledges that such consent results in the loss of any applicable right of withdrawal.
For purchases made through third-party marketplaces or platforms, including NinjaTrader or similar providers, refund rights, withdrawal periods, and refund processing are governed solely by the terms, conditions, and policies of the applicable third-party provider.
9. SOFTWARE
The Services include software products, such as software add-ons and related functionality. We grant the User a limited, non-exclusive, revocable, personal, and non-transferable license to install and use the software solely in accordance with these Legal Terms and any applicable license terms.
If the software is accompanied by an end user license agreement ("EULA"), the terms of the applicable EULA shall govern the use of the software. In the event of a conflict between these Legal Terms and the EULA, the EULA shall prevail with respect to the software.
If no separate EULA is provided, the software is licensed, not sold, and may be used by the User in accordance with these Legal Terms and in connection with the Services.
Any software and related documentation are provided “AS IS” and “AS AVAILABLE”, without warranty of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The User assumes all risks arising from the installation, use, or performance of the software.
Any technical support or assistance provided in connection with the Services is offered on a best-effort basis only and does not constitute a warranty, service level agreement (SLA), or guarantee of resolution. We do not guarantee response times, availability, or that any reported issue will be identified, reproduced, or resolved. Providing technical support may require you to supply additional information, including software versions, configuration details, logs, diagnostic data, or information about your system environment. Failure to provide such information may prevent or limit our ability to provide assistance. We are not responsible for issues arising from third-party platforms, configurations, updates, add-ons, hardware, network conditions, or environments outside our control.
We may offer paid technical support services subject to specific terms, scope, pricing, and limitations disclosed at the time of purchase. Any such paid support shall be limited to the expressly defined services, time, or deliverables purchased and shall not constitute a general support obligation, ongoing assistance, or service level agreement unless explicitly stated in writing. Paid technical support does not guarantee resolution of any issue and does not include responsibility for third-party platforms, brokers, data feeds, system configurations, hardware, network conditions, or user environments outside our control. Users who wish to inquire about the availability or scope of paid technical support may contact us at [email protected].
You are responsible for (a) installing and updating the software correctly, (b) keeping your system and NinjaTrader environment reasonably maintained and compatible, (c) maintaining appropriate security controls (including malware protection), (d) verifying settings, order parameters, and risk controls before use, and (e) keeping independent backups of any data you rely on. We are not responsible for failures or damages caused by misconfiguration, incompatible updates, third-party add-ons, hardware or network issues, or compromised devices.
Except as expressly permitted by applicable law or an applicable EULA, the User may not copy, reproduce, modify, distribute, sublicense, rent, lease, sell, or otherwise make the software available to any third party.
10. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose that is unlawful, fraudulent, abusive, or inconsistent with these Legal Terms. Legitimate professional, educational, commercial, or business use of the Services is permitted.
Without limitation, the User agrees not to:
Attempt to gain unauthorized access to the Services, accounts, licensing mechanisms, activation systems, or related infrastructure.
Circumvent, disable, interfere with, or attempt to bypass any security, licensing, technical, or access control measures implemented in the Services.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying structure, or algorithms of the software, except as expressly permitted by applicable law.
Copy, reproduce, modify, distribute, sublicense, rent, lease, sell, or otherwise make the software or any part thereof available to any third party, except as expressly permitted by these Legal Terms or an applicable EULA.
Use automated tools, scripts, bots, or similar mechanisms to access, exploit, abuse, or interfere with the Services in an unauthorized manner, including attempts to manipulate licensing, trials, usage limits, or access restrictions.
Impersonate another person or entity, or misrepresent identity, affiliation, or authorization in connection with the use of the Services.
Use the Services in a manner that infringes intellectual property rights, contractual rights, or other legal rights of any third party.
Use the Services to engage in fraudulent, deceptive, or misleading conduct, including misrepresenting the capabilities, results, or nature of the Services.
Promote, market, or present trading, financial markets, or the use of the Services in a misleading or irresponsible manner, including by suggesting that trading is easy, low-risk, guaranteed, or quickly profitable, or by failing to clearly disclose that trading involves significant risk and typically requires substantial time, experience, and sustained practice.
Encourage or target individuals who lack sufficient knowledge or understanding of trading risks to engage in trading activities without appropriate warnings, educational context, and risk disclosures.
Use the Services in violation of applicable laws or regulations, including financial, consumer protection, data protection, or cybersecurity laws.
Transfer, assign, sublicense, or share access credentials, licenses, or user accounts without authorization.
Use the Services in a manner that materially disrupts, damages, or interferes with the normal operation, integrity, or security of the Services.
Any violation of this section may result in suspension or termination of access to the Services, without prejudice to any other rights or remedies available under applicable law.
11. PERMITTED PROMOTIONAL USE
Users may use the Services in connection with professional activities, including education, mentoring, training, content creation, or public communication, such as courses, tutorials, reviews, demonstrations, or videos published on third-party platforms.
Any such use shall be accurate, responsible, and not misleading, and shall not imply, whether expressly or by implication, that the User is endorsed by, affiliated with, or officially represents the platform unless expressly authorized in writing.
Users remain solely responsible for the content they create or publish outside the Services, including compliance with applicable laws, advertising standards, and disclosure requirements.
12. FEEDBACK AND SUGGESTIONS
By submitting suggestions, ideas, feedback, or other non-confidential information regarding the Services (“Feedback”), you acknowledge and agree that we may use, reproduce, modify, adapt, publish, or otherwise exploit such Feedback for any lawful purpose, without restriction and without compensation to you.
You retain ownership of any intellectual property rights you may have in your Feedback. However, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use such Feedback in connection with the operation, improvement, and development of the Services.
The Services do not host or publish user-generated content. We are not responsible for, and do not endorse, any content created or published by Users outside the Services, including on third-party platforms.
Any personal data provided in connection with Feedback will be processed in accordance with our Privacy Policy.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may include links to third-party websites, platforms, or services, as well as third-party content displayed or made available through the Services, such as banners, promotional materials, integrations, embedded content, or other materials provided by third parties (“Third-Party Websites” and “Third-Party Content”).
We do not control, review, monitor, or guarantee the accuracy, completeness, legality, or reliability of any Third-Party Websites or Third-Party Content, even where such content is displayed within the Services. The inclusion, display, or availability of Third-Party Content does not imply approval, endorsement, affiliation, or sponsorship by us.
Any interaction, transaction, or relationship between the User and a third party, including purchases, subscriptions, or use of third-party services, is solely between the User and the applicable third party and is governed by that third party’s own terms and policies. We assume no responsibility or liability for any Third-Party Websites or Third-Party Content, or for any loss, damage, or harm arising from the use of or reliance on such Third-Party Websites or Third-Party Content.
Users access Third-Party Websites and interact with Third-Party Content at their own risk and are responsible for reviewing the applicable terms, conditions, and privacy policies of any third-party service.
14. ADVERTISERS
We may allow third-party advertisers to display advertisements or promotional materials in certain areas of the Services, such as banners or similar placements. We provide space for such advertisements but do not control, endorse, or assume responsibility for the content, products, or services advertised, and we have no other relationship with advertisers unless expressly stated.
15. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Services for compliance with these Legal Terms;
(2) take appropriate action against any User who, in our sole discretion, violates applicable law or these Legal Terms, including restricting or terminating access to the Services or reporting unlawful activity to the appropriate authorities where required or permitted by law;
(3) refuse, restrict, suspend, or terminate access to the Services, licenses, accounts, or features, in whole or in part, where necessary to enforce these Legal Terms or to protect the security, integrity, or operation of the Services;
(4) take reasonable technical measures to prevent abuse, misuse, interference, or unauthorized access to the Services; and
(5) otherwise manage the Services in a manner designed to protect our rights, property, and legitimate interests and to ensure the proper functioning of the Services.
(6) We may request information reasonably necessary to verify compliance with these Legal Terms, licensing limits, and anti-abuse controls (for example, proof of purchase, license identifiers, or information related to suspected fraud or security incidents). Failure to provide requested information within a reasonable time may result in suspension or termination of access.
(7) We may deactivate licenses, installations, or specific features.
16. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy at: tradecontrolapp.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
The Services are hosted using a globally distributed cloud infrastructure provided by third-party service providers, including content delivery and security services, with data processed in multiple locations as necessary to operate, secure, and deliver the Services efficiently. We do not designate or guarantee a single data processing location.
If you access the Services from a jurisdiction with laws or regulations governing personal data collection, use, or disclosure that differ from those applicable in Spain or the European Union, you acknowledge and agree that your personal data may be transferred to, stored, and processed in jurisdictions outside your place of residence, including locations that may have different data protection standards. Such transfers are conducted in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR), and subject to appropriate safeguards.
17. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while the User accesses or uses the Services.
To the extent permitted by applicable law, and without limiting any other provision of these Legal Terms, we reserve the right, in our sole discretion, to suspend, restrict, or terminate access to the Services, licenses, accounts, or features, in whole or in part, with or without prior notice, where we determine or we consider that exists reasonable suspicion that such action is necessary or appropriate, including in cases of breach of these Legal Terms, violation of applicable law, abuse, misuse, or security-related concerns.
We may restrict or suspend access immediately where we reasonably believe it is necessary to protect the Services, users, or third parties, including in cases involving suspected fraud, attempts to bypass licensing or technical safeguards, malware, spam, security vulnerabilities, or suspected data security incidents.
Upon termination or suspension, the User’s right to access or use the Services will immediately cease. The User may not attempt to circumvent such termination or suspension, including by creating new accounts, using alternative identities, or acting on behalf of third parties.
Termination or suspension does not limit our right to pursue any other remedies available under applicable law, including civil, criminal, or injunctive relief where appropriate.
Where feasible and appropriate, we may provide a brief, reasoned notice before taking such action; however, no notice will be required in urgent situations involving fraud, security incidents, malware, or attempts to bypass technical or licensing safeguards.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify, update, suspend, or discontinue the Services, in whole or in part, at any time and at our discretion. Where required by applicable law, we will provide reasonable notice of material changes. We are under no obligation to maintain, update, or continue providing any particular feature, functionality, or version of the Services.
The Services may be subject to interruptions, delays, errors, or limitations due to maintenance, updates, technical issues, or factors beyond our reasonable control. We do not guarantee uninterrupted availability of the Services. We may, but are not obligated to, provide notices about planned maintenance or known interruptions through the Site, within the software, or by other reasonable means.
To the extent permitted by applicable law, we shall not be liable for any loss, damage, or inconvenience arising from the unavailability, modification, suspension, or discontinuation of the Services, or from the User’s inability to access or use the Services during any such periods.
We may update these Legal Terms from time to time. Where appropriate, we may require you to affirmatively accept the updated Legal Terms (for example, via a checkbox, click-through acceptance, or in-app prompt) before continuing to access or use the Services. If you do not agree to the updated Legal Terms, you must stop using the Services.
19. GOVERNING LAW
These Legal Terms are governed by and construed and interpreted in accordance with the laws of Spain. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If you are a consumer habitually resident in the European Union, you benefit from any mandatory consumer protection provisions of the law of your country of residence. Nothing in these Legal Terms affects your right to bring proceedings before the courts of your place of residence or any other court having jurisdiction under applicable consumer protection laws.
If you are not acting as a consumer, including when you act in a professional, commercial, or technical capacity, whether on your own behalf or on behalf of a company, organization, or other legal entity, you expressly agree that any dispute arising out of or in connection with these Legal Terms shall be subject to the exclusive jurisdiction of the courts of Madrid, Spain.
The same jurisdiction shall apply to any dispute, claim, or action arising from abusive or unlawful use of the Services, to the extent permitted by applicable law.
20. DISPUTE RESOLUTION
If you are a consumer resident in the European Union, you may be entitled to access consumer dispute resolution mechanisms available in your country of residence in accordance with applicable law. We do not participate in any specific alternative dispute resolution scheme unless required by law.
Nothing in these Legal Terms limits or restricts any mandatory rights or remedies available to consumers under applicable law.
21. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice, to the extent permitted by applicable law.
22. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR AVAILABILITY OF THE SERVICES, ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE CONTENT OF ANY THIRD-PARTY WEBSITES OR APPLICATIONS LINKED TO OR FROM THE SERVICES. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY FOR ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, ANY BUGS, DEFECTS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS TRANSMITTED BY ANY THIRD PARTY, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF, OR RELIANCE ON, ANY CONTENT, SOFTWARE, OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES.
SOFTWARE SYSTEMS ARE INHERENTLY COMPLEX AND MAY CONTAIN ERRORS, BUGS, LIMITATIONS, OR VULNERABILITIES. AS A MATTER OF SOFTWARE ENGINEERING PRACTICE, IT IS NOT POSSIBLE TO GUARANTEE THAT ANY SOFTWARE WILL BE COMPLETELY ERROR-FREE, UNINTERRUPTED, TIMELY, SECURE, OR COMPATIBLE WITH ALL SYSTEMS, ENVIRONMENTS, OR CONFIGURATIONS. ACCORDINGLY, WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE WITHOUT FAILURES, DELAYS, OR DEFECTS UNDER ALL CONDITIONS.
THE SERVICES MAY INCLUDE LINKS TO, OR DISPLAY, THIRD-PARTY PRODUCTS, SERVICES, WEBSITES, OR ADVERTISING. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES. ANY INTERACTION WITH THIRD PARTIES IS AT YOUR OWN DISCRETION AND RISK AND IS GOVERNED BY THE APPLICABLE THIRD PARTY’S TERMS AND POLICIES.
We take reasonable measures consistent with generally accepted industry practices to help prevent the introduction of malware or other harmful components into the Services. However, no software or online service can be guaranteed to be entirely free of such elements, and we do not warrant their absence.
23. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, NOR OUR REPRESENTATIVES, CONTRACTORS, EMPLOYEES, DIRECTORS AND AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS, OR ANY OTHER ECONOMIC OR NON-ECONOMIC DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE LEGAL TERMS, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM, CAUSE OF ACTION, OR DISPUTE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL IN ALL CASES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, CALCULATED ON A PRO RATA BASIS, BASED ON THE FEES ATTRIBUTABLE TO THAT PERIOD, AND EXCLUDING ANY PORTION OF FEES PAID IN ADVANCE FOR SERVICES EXTENDING BEYOND THAT PERIOD.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR RESPONSIBILITY IS STRICTLY LIMITED TO THE TECHNICAL OPERATION OF THE SOFTWARE AS PROVIDED. WE DO NOT ASSUME, AND EXPRESSLY DISCLAIM, ANY RESPONSIBILITY OR LIABILITY FOR FINANCIAL OUTCOMES, TRADING RESULTS, PROFITS, LOSSES, OR MARKET PERFORMANCE ARISING FROM OR RELATED TO THE USE OF THE SERVICES.
ANY FINANCIAL RISK, EXPOSURE, OR LOSS RESULTING FROM TRADING ACTIVITIES, INCLUDING BUT NOT LIMITED TO LOSSES CAUSED BY MARKET MOVEMENTS, VOLATILITY, LIQUIDITY CONDITIONS, EXECUTION QUALITY, SERVICE INTEGRATIONS, OR USER DECISIONS, IS BORNE SOLELY AND EXCLUSIVELY BY THE USER. THE SERVICE DOES NOT ASSUME RESPONSIBILITY FOR THE ECONOMIC CONSEQUENCES OF ANY TRADING ACTIVITY CONDUCTED USING THE SERVICES.
CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
NOTHING IN THESE LEGAL TERMS SHALL BE CONSTRUED AS TRANSFERRING OR SHIFTING ANY FINANCIAL RESPONSIBILITY, INVESTMENT RISK, OR MARKET RISK FROM THE USER TO THE SERVICE.
24. INDEMNIFICATION
To the extent permitted by applicable law, the User agrees to defend, indemnify, and hold harmless us, and our officers, agents, and employees, from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:
(1) the User’s use of the Services in violation of these Legal Terms or applicable law;
(2) any breach of these Legal Terms or of the User’s representations and warranties;
(3) any infringement or alleged infringement by the User of any third-party rights, including intellectual property rights; or
(4) any fraudulent, unlawful, or harmful conduct by the User in connection with the Services.
We reserve the right, at our discretion and at the User’s expense, to assume the exclusive defense and control of any matter subject to indemnification. The User agrees to cooperate reasonably with our defense of such claims. We will use reasonable efforts to notify the User of any claim subject to this indemnification upon becoming aware of it.
25. USER DATA
We maintain certain data transmitted by the User for the purpose of operating, maintaining, and improving the Services, as well as data relating to the User’s use of the Services, in accordance with our Privacy Policy.
While we may perform routine backups, the User remains solely responsible for maintaining independent copies of any data submitted to or generated through the Services. To the extent permitted by applicable law, we shall not be liable for any loss, corruption, or unavailability of such data arising from the use of the Services.
Nothing in this section limits or excludes any rights the User may have under applicable data protection or consumer protection laws.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. The User consents to receive electronic communications and agrees that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
The User agrees to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed through the Services.
Nothing in this section limits or waives any rights that cannot be waived under applicable law.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on or in connection with the Services constitute the entire agreement and understanding between you and us and supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral.
Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms shall operate to the fullest extent permitted by applicable law.
We may assign or transfer any or all of our rights and obligations under these Legal Terms at any time. You may not assign or transfer your rights or obligations under these Legal Terms without our prior written consent.
We shall not be responsible or liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, failures of utilities or networks, or other force majeure events.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Nothing in these Legal Terms shall be deemed to create any partnership, joint venture, employment, agency, or fiduciary relationship between you and us.
These Legal Terms shall not be construed against us solely by virtue of having drafted them, to the extent permitted by applicable law.
28. CONTACT US
If you contact us for technical support, please include your NinjaTrader version, add-on version, and a brief description of the issue.
To report suspected unauthorized access or security issues, email [email protected] and include “Security” in the subject line.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Gonzalo Sánchez Pla
Calle de Cabillers 12, 2
46003, Valencia
Spain
29. RISK DISCLOSURE
Risk Disclosure. Trading futures, options, forex, and other financial instruments involves substantial risk of loss and is not suitable for all investors. You may lose more than your initial investment. Past performance is not indicative of future results. Market conditions, leverage, volatility, liquidity, execution quality, and other factors may significantly affect trading outcomes.
The Services provide technical tools only and do not provide investment advice, trading recommendations, or trading signals. Any examples, demonstrations, configurations, calculations, or illustrations provided through the Services are for educational or technical purposes only and do not constitute investment advice, financial advice, or guarantees of performance.
You are solely responsible for evaluating the risks of any trading activity and for determining whether such activity is appropriate for your financial situation, experience, objectives, and risk tolerance. You should consult qualified financial, legal, or tax professionals where appropriate before engaging in trading activities.
No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed or illustrated through the Services.