Terms of Service
Effective [OWNER/COUNSEL: effective date] · Last updated [OWNER/COUNSEL: date]
These Terms of Service govern your access to and use of Trade Desk Ultimate (T.D.U., the Software), provided by [OWNER/COUNSEL: legal entity name] (the Company). By creating an account, purchasing access, or using the Software, you agree to these Terms. If you do not agree, do not use the Software.
01What T.D.U. is — and is not
T.D.U. is software that helps you operate and monitor your own systematic trading strategies through brokerage accounts you control. T.D.U. is not a broker-dealer, investment adviser, exchange, or money transmitter; it does not hold or custody your funds; and it does not provide investment, financial, tax, or legal advice.
02Eligibility
You must be at least 18 years old and able to form a binding contract. By using the Software you represent that you meet these requirements and that your use complies with the laws that apply to you.
03Your accounts and brokerage connections
You connect your own brokerage accounts using API credentials that remain under your control. You are responsible for safeguarding those credentials and for all activity conducted under your accounts. You may revoke the connection at any time through your broker.
04License and seats
Subject to these Terms and your active subscription, the Company grants you a limited, non-exclusive, non-transferable, revocable license to use the Software for the number of seats you purchased. You may not resell, sublicense, reverse engineer, or circumvent the safeguards of the Software, except to the extent the law permits.
05Acceptable use
You agree not to use the Software for any unlawful purpose, to manipulate any market, to interfere with or disrupt the Software, or to attempt to gain unauthorized access to any system. We may suspend access for conduct that violates these Terms or creates risk for others.
06No advice; your decisions; assumption of risk
The Software does not recommend trades and does not provide advice. You are solely responsible for every decision and for evaluating the suitability and risk of any strategy. Trading involves substantial risk of loss and may not be suitable for you. You assume all risk arising from your use of the Software and from your trading.
07Disclaimers
The Software is provided on an as-is and as-available basis, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Software will be uninterrupted or error-free, or that it will achieve any result.
No guarantee of results. Trading involves substantial risk of loss. The Software does not guarantee any profit or outcome, and its risk controls (stops, position caps, exposure ceilings, and the kill-switch) are designed to reduce, not eliminate, the risk of loss.
Hypothetical and simulated performance (CFTC Rule 4.41). Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading and may have under- or over-compensated for the impact of certain market factors, such as lack of liquidity. Simulated programs are also designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown. Figures shown on our site are illustrative; see the Disclaimer for full results disclosures.
08Limitation of liability
To the maximum extent permitted by law, the Company and its suppliers will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any lost profits or trading losses, arising from or related to your use of the Software. The total liability of the Company for any claim will not exceed the amount you paid for access in the [OWNER/COUNSEL: liability cap period, e.g. prior 12 months] before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so parts of the above may not apply to you.
09Billing, subscriptions, trial, and refunds
Access is sold on a subscription basis and billed through our Merchant of Record, [OWNER/COUNSEL: Lemon Squeezy], which is the seller of record and handles payment and any applicable tax. A free trial of [OWNER/COUNSEL: trial length, e.g. 14 days] may be offered; unless you cancel before it ends, the subscription begins and renews until canceled. Your license is node-locked and is revoked when a subscription is canceled, refunded, or expires — access ends at that point.
Guardrails Guarantee. We separately offer a limited product warranty: if the Software fails to honor the risk limits you configured (max-loss, stop, or kill-switch), you may request a refund as described at checkout. This is a warranty about the Software's conduct only — it is not a guarantee of profit, of avoiding losses, or of any market outcome. See the Disclaimer. Full guarantee terms and any other refund rights are set out at [OWNER/COUNSEL: checkout / Merchant-of-Record terms].
10Intellectual property
The Software, including its design, code, and brand, is owned by the Company and its licensors and is protected by law. You retain ownership of your data, configurations, and strategies, and you grant us only the limited rights needed to provide and support the Software.
11Termination
You may stop using the Software and cancel at any time. We may suspend or terminate access if you breach these Terms or if required by law. On termination your license ends; provisions that by their nature should survive will survive.
12Changes
We may update the Software and these Terms from time to time. Material changes to these Terms will be posted here with an updated effective date, and where required we will provide additional notice. Continued use after changes take effect constitutes acceptance.
13Governing law and disputes
These Terms are governed by the laws of [OWNER/COUNSEL: governing-law jurisdiction], without regard to conflict-of-laws rules. The parties submit to the [OWNER/COUNSEL: courts or arbitration and venue] for any dispute, except where applicable law provides otherwise.
14Contact
Questions about these Terms? Contact us.