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Terms of Use (Updated: 10/23/2026 Effective: 11/9/2026)

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you ("you") and Trade Automation Toolbox, LLC ("Company," "we," "us," or "our"), concerning your access to and use of the tradeautomationtoolbox.com website as well as any other media form, media channel, mobile website, or desktop software application related, linked, or otherwise connected thereto (collectively, the "Site" and "Software"). You agree that by accessing the Site or using the Software, you have read, understood, and agreed to be bound by all of these Terms of Use, our Privacy Policy, and our Risk Disclosure Statement & Short Options / 0DTE Multi-Broker Addendum. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND THE SOFTWARE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Modifications to Terms & Affirmative Assent for Material Changes: The Company reserves the right to amend these Terms of Use, Privacy Policy, or Risk Disclosure Statement & Short Options / 0DTE Multi-Broker Addendum. For non-material revisions (such as typographical corrections, minor clarifications, or updated corporate contact channels), the Company will update the "Last updated" date. For any material amendments (including modifications affecting trading risk allocations, broker margin severance, arbitration and dispute resolution, fee schedules, warranty disclaimers, or data protection rights), the Company shall provide you with at least fourteen (14) days' advance notice via the primary email associated with your account and/or a prominent in-app notification. Your continued access to live automated trading execution following the effective date of any material change requires your affirmative assent (via in-app modal clickwrap or account portal confirmation). If you do not agree to a material amendment, your sole and exclusive remedy is to decline the updated terms and terminate your account with a pro-rata refund as set forth in Section 6.2.

The information provided on the Site 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 which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site or Software under any circumstances.

Reading and affirmatively accepting the combined Risk Disclosure Statement & Short Options / 0DTE Multi-Broker Addendum provided at tradeautomationtoolbox.com/risk is an express mandatory condition precedent to accessing or using the Software and Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and Software are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or Software and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Software, the Content, and the Marks.

3. USER REPRESENTATIONS

By using the Site or Software, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, and at minimum over the age of 18 years old; (5) you will not access the Site or Software through automated or non-human means, whether through a bot, script, or otherwise, except as expressly authorized by the Software interface; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site or Software will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

User Security & Local Credential Safeguards: You acknowledge and agree that Trade Automation Toolbox operates locally on your hardware. You affirmatively represent, warrant, and covenant that you shall: (a) Maintain robust physical and cyber security over any computer, virtual machine (VM), or network hardware where the Software is installed or executed; (b) Utilize updated operating system security patches, reputable anti-malware software, and full-disk volume encryption (e.g., Microsoft BitLocker or Apple FileVault); (c) Maintain exclusive, confidential custody over your master account passwords, encryption keys, and local database files; (d) Safeguard all third-party brokerage API credentials, tokens, account identifiers, and secret keys, and never store or transmit them in unencrypted or publicly accessible environments; and (e) Never run or host the Software on untrusted, unpatched, compromised, or publicly shared computing environments. The Company shall have zero liability for unauthorized trades, security breaches, credential theft, or compromised local databases resulting from your failure to maintain adequate endpoint or hardware security.

5. FEES AND PAYMENT

We accept payments through third-party payment processors, including Stripe. You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

6. PAID SUBSCRIPTIONS AND FREE TRIAL

6.1. General Non-Refundable Policy. Except as expressly provided in Section 6.2 or Section 17 or required by applicable consumer protection laws, all subscription purchases are final and non-refundable.

6.2. Material Contract Amendment Termination & Pro-Rata Refund Remedy. If the Company enacts a material adverse modification to these Terms of Use, Privacy Policy, or Risk Disclosure Statement & Short Options / 0DTE Multi-Broker Addendum, and you affirmatively reject or decline such amended terms within the fourteen (14) day advance notice window, your access to live automated trading execution shall terminate, and you may request a pro-rata refund of any prepaid, unearned subscription fees for the remaining unused days of your current billing period by contacting support@tradeautomationtoolbox.com within thirty (30) days of your notice of rejection.

We may offer a free trial to new users who register on the Site. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial.

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable subscription. The length of your billing cycle will depend on the type of subscription you choose when you subscribed to the service.

6.3. Subscription Plans, Usage Limits & Mandatory Usage Reporting.

(a) Usage Limits. Each subscription plan or license tier entitles you to use the Software within the usage limits stated on the Site or in your account portal at the time of purchase, which may include limits on the number of trades or orders, contracts or quantity, symbols or underlyings, connected brokers, brokerage accounts, or installations ("Usage Limits"). Usage Limits form part of the fee schedule, and any change to Usage Limits that adversely affects a current paid subscription is a material amendment subject to Section 1 and Section 6.2.

(b) Mandatory Usage Reporting. To measure and enforce Usage Limits, the Software automatically transmits summary usage information to the Company's servers ("Usage Data"). Usage Data consists of: (i) counts of trades and orders placed through the Software; (ii) the number of contracts or shares (quantity) for each trade or order; (iii) the symbols and underlyings traded; (iv) the connected broker and a partial brokerage account number; and (v) associated timestamps, license key, machine GUID, and Software version. Usage Data does not include broker passwords, API secret keys or tokens, full brokerage account numbers, account balances, or buying power, and does not include fill prices or profit and loss.

(c) Condition of Use. Transmission of Usage Data is a mandatory condition of using the Software's live trading features and cannot be disabled. If the Software is unable to transmit Usage Data for more than seven (7) consecutive days, or if Usage Data is blocked, altered, spoofed, or falsified, the Company may restrict live trading features until accurate reporting resumes. This restriction does not apply, and the seven (7) day period does not run, while the failure to transmit Usage Data is caused by an outage, malfunction, or maintenance of the Company's servers or systems. Any restriction under this Section 6.3(c) applies only to new automated entry orders; existing open orders, stop-loss orders, profit-target orders, and orders to close or reduce existing positions will remain active and will not be cancelled, modified, or blocked.

(d) Enforcement. If your usage reaches or exceeds an applicable Usage Limit, the Company may, as described in the Software or your plan, notify you, require you to upgrade your plan, or prevent the Software from initiating new automated entry orders until the next billing period or until you upgrade. Enforcement of Usage Limits will not cancel, modify, or block existing open orders, stop-loss orders, profit-target orders, or orders to close or reduce existing positions, and you remain solely responsible for monitoring and managing all open positions and orders as provided in the Risk Disclosure Statement & Short Options / 0DTE Multi-Broker Addendum. To the maximum extent permitted by applicable law, the Company shall have no liability for any missed trade, missed entry, or lost opportunity resulting from enforcement of Usage Limits in accordance with this Section 6.3.

(e) Processing. Usage Data is processed as described in Section 14 (including Sections 14.8 and 14.11) and our Privacy Policy, and is not a "Contribution" or "Submission" under Sections 11 through 13.

7. CANCELLATION

You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our services, please email us at support@tradeautomationtoolbox.com.

8. SOFTWARE

We may include software for use in connection with our services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Terms of Use. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept all risk arising out of the use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Use.

Software Updates, API Maintenance & Reconciled Contract Terms: The Company reserves the right to periodically modify, patch, update, enhance, or discontinue technical features of the Software or Site. You acknowledge that connected broker-dealers (Schwab, IBKR, Tradier, TradeStation, Tastytrade) frequently update their API endpoints, rate limits, and authentication protocols. To preserve execution stability, you have an affirmative obligation to promptly install all software updates and patches released by the Company. The Company shall have zero liability for any failed trade executions, dropped API connections, or missed orders resulting from your operation of an outdated, unsupported, or deprecated software build. Contractual amendments to these Terms of Use remain governed strictly by Section 1 and Section 6.2. You must also maintain local hardware security over the Software as mandated in Section 4.

9. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS

By providing your contact information, you agree to receive communications from us electronically, including transactional emails, account notices, and customer service updates. You may opt out of promotional messages at any time by following the unsubscribe instructions contained in such emails.

10. PROHIBITED ACTIVITIES

You may not access or use the Site or Software for any purpose other than that for which we make the Site and Software available. Other than trading in your own brokerage account(s), the Site and Software may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the Site or Software, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

Use any information obtained from the Site or Software in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the Site or Software in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Site.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, except as expressly provided by the Software.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of another user.

Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site or Software.

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

Use a buying agent or purchasing agent to make purchases on the Site.

Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

Commercial Competition Prohibition: Use the Site as part of any effort to compete with us or otherwise use the Site, Software, and/or the Content for any revenue-generating endeavor or commercial enterprise, other than trading in your own brokerage account(s).

Commercial Syndication Prohibition: Sublicense, resell, rent, lease, or commercially exploit the Site, Software, or webhook endpoints, or operate an unauthorized commercial signal syndication, newsletter alert system, or advisory service using the Software without an express written Institutional Enterprise Agreement executed by the Company (as described in Section 23.3).

Usage Reporting Circumvention: Block, disable, spoof, falsify, throttle, or otherwise interfere with the Usage Data reporting described in Section 6.3, or operate the Software in any manner designed to evade Usage Limits, including by sharing a single license across machines, brokerage accounts, or users beyond your plan's entitlement.

OFAC Sanctions & Embargo Compliance: Access, download, or use the Site or Software if you are located in, under the control of, or a national or resident of any country or territory subject to comprehensive U.S. economic sanctions or embargoes administered by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), or if you are identified on OFAC's Specially Designated Nationals and Blocked Persons ("SDN") List or Foreign Sanctions Evaders List.

Compliance with Laws, Broker Terms of Service & Anti-Circumvention Covenant: Access or use the Site or Software in any manner that violates, breaches, or conflicts with any applicable federal, state, local, or international law, statute, rule, or regulation (including, without limitation, the Securities Act of 1933, the Securities Exchange Act of 1934, the Commodity Exchange Act, and all applicable rules and regulations of the SEC, CFTC, FINRA, NFA, and relevant financial exchanges prohibiting market manipulation, spoofing, wash sales, or disruptive trading practices), or any terms of service, customer account agreement, API developer policy, margin rule, or acceptable use policy of any connected third-party broker-dealer (including Tradier Brokerage, Charles Schwab, TradeStation, Interactive Brokers, or Tastytrade). You expressly covenant and warrant that you will not use the Software or any algorithmic configuration, script, or webhook to bypass, circumvent, or disable any broker-level risk controls, Day Trading/PDT restrictions under FINRA Rule 4210, margin requirements, order size constraints, or trading halts established by your broker or any financial exchange.

Export Administration Regulations (EAR): Export, re-export, transfer, or release the Software, source code, or technical data directly or indirectly in violation of the U.S. Export Administration Regulations (15 C.F.R. § 730 et seq.) or other applicable international export control laws.

11. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. Notwithstanding the foregoing or Sections 12 and 13, Usage Data (Section 6.3), User Trade Data (Section 14.11), and database backup archives (Section 14.2) are not Contributions or Submissions and are governed exclusively by Section 6.3, Section 14, and our Privacy Policy.

12. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.

13. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or Software ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

14. DATA PROTECTION & INTERNATIONAL USER COMPLIANCE (GDPR & UK GDPR)

14.1. Scope and Application. If you are a resident of or located in the European Union ("EU"), the European Economic Area ("EEA"), the United Kingdom ("UK"), or Switzerland, the processing of your Personal Data is governed by Regulation (EU) 2016/679 (the General Data Protection Regulation, or "GDPR") and the UK Data Protection Act 2018 ("UK GDPR"). This Section 14 supplements our Privacy Policy and sets forth your statutory data protection rights and our lawful bases for processing.

14.2. Local Client-Side Architecture, Data Ownership & Database Backup Service. You acknowledge and agree that Trade Automation Toolbox is fundamentally a locally installed desktop client software application that executes trades directly from your local computing hardware to your connected brokerage API.

Brokerage Credentials & API Tokens: Your broker account numbers, API secret keys, passwords, trading triggers, and configuration parameters are stored locally and encrypted on your personal computing hardware. The Company does not host, intercept, or store unencrypted broker passwords or API secret keys on its central web servers.

Limited Central Data Collection & No Live Order Interception: Except for operational telemetry, software license validation data, trigger execution timestamps, Usage Data (Section 6.3), User Trade Data you elect to upload to the Trade Reporting Service (Section 14.11), and user-initiated encrypted database backups, each as expressly described in these Terms of Use and our Privacy Policy, the Company does not host, intercept, collect, or monitor your private brokerage trading credentials, real-time portfolio balances, or live order routing streams on its central web servers. You retain sole and exclusive control and custody over your local software environment, trading rules, and trade execution.

Database Backup & Disaster Recovery Service: The Software includes a built-in database backup service (configured in Settings > Live Mode Settings > Database Backup). When enabled by the user (via Daily Automatic Backups or Instant Backup), your local TAT database file (which includes trade history, templates, conditions, schedules, and configuration parameters) is encrypted and backed up to secure cloud storage maintained on the Company’s behalf by its Sub-Processor Backblaze, Inc. (Section 14.9) solely to facilitate disaster recovery, data restoration, or easy migration and setup for a new computer or virtual machine (VM). You acknowledge and agree that: (a) Such backups are stored in an encrypted format in such cloud storage and are restored solely at your initiation and direction; (b) The database backup service functions strictly as an encrypted archival storage tool for user convenience and does not constitute central broker telemetry, real-time trade surveillance, or investment management by the Company; and (c) You retain full control over whether this feature is enabled and may enable, disable, or manage your database backup preferences at any time within your Software settings.

14.3. Roles of the Parties (Data Controller vs. Data Processor). With respect to account registration data, software licensing verification, billing records, and direct customer support communications collected via our website, Trade Automation Toolbox, LLC acts as an independent Data Controller. The Company also acts as Data Controller for Usage Data and User Trade Data. Stripe, Inc. processes payment card information on the Company's behalf as a Sub-Processor (Section 14.9) and, with respect to its own fraud-prevention, compliance, and PCI-DSS obligations, as an independent data controller.

14.4. Lawful Bases for Processing (Article 6 GDPR). We process your Personal Data strictly under the following lawful bases pursuant to Article 6 of the GDPR:

Performance of a Contract (Art. 6(1)(b)): To create and maintain your account, deliver and validate your software license key, process subscription transactions, provide essential software updates and technical support, measure and enforce subscription Usage Limits through Usage Data (Section 6.3), operate the user-directed encrypted database backup service (Section 14.2), and provide the Trade Reporting Service you elect to enable (Section 14.11);

Legal Compliance (Art. 6(1)(c)): To comply with applicable tax, financial accounting, and corporate reporting obligations under U.S. and international law;

Legitimate Interests (Art. 6(1)(f)): To protect the security and integrity of our software, prevent unauthorized commercial syndication or software piracy, enforce our Terms of Use, maintain compliance assent audit trails, improve application stability, and create de-identified, aggregated statistics to improve the Software (Section 14.11(e)) (a Legitimate Interests Assessment ("LIA") is documented and on file); and

Consent (Art. 6(1)(a)): Where you have affirmatively opted in to receive non-essential product updates or marketing notices (which consent you may withdraw at any time without affecting prior lawful processing).

14.5. International Cross-Border Data Transfers. The Site and Company servers are hosted in the United States. If you access the Site or purchase a license from the EU, EEA, UK, or Switzerland, your personal account information will be transferred to and processed in the United States. To ensure an adequate level of data protection post-Schrems II, the Company relies upon the European Commission’s approved Standard Contractual Clauses ("SCCs") (Module 1 Controller-to-Controller for payment and account records; Module 2 Controller-to-Processor for cloud infrastructure), the UK International Data Transfer Addendum, the European Commission SCCs with recognized Swiss adaptations (or reliance on applicable Swiss-U.S. adequacy decisions), and executed Transfer Impact Assessments ("TIAs"). Statutory derogations under Article 49(1)(b) of the GDPR are relied upon strictly for occasional and contractually necessary transmissions. To the extent required under Article 27 of the GDPR and UK GDPR, the Company continuously assesses its user threshold to ensure appropriate EU/UK representative coverage.

14.6. Data Subject Rights (Articles 15–22 GDPR / UK GDPR). As a data subject under GDPR or UK GDPR, you possess the following statutory rights regarding your personal data held by the Company:

Right to Access (Art. 15): You may request confirmation of whether we process your personal data and obtain a copy of such data.

Right to Rectification (Art. 16): You may request prompt correction of inaccurate or incomplete personal data.

Right to Erasure ("Right to be Forgotten") (Art. 17): You may request deletion of your personal data where it is no longer necessary for the purposes collected, subject to statutory retention requirements.

Right to Restriction of Processing (Art. 18): You may request that we restrict processing of your data under specific contested circumstances.

Right to Data Portability (Art. 20): You may request to receive your personal data in a structured, commonly used, and machine-readable format.

Right to Object (Art. 21): You may object at any time to the processing of your personal data based on legitimate interests or for direct marketing purposes.

Automated Decision-Making and Profiling (Art. 22): The Company does not engage in automated decision-making or profiling that produces legal or similarly significant effects on consumers. While the Software includes automated order routing and execution features, decisions producing financial or legal effects are never based solely on automated processing absent the user's independent configuration, parameters, and choice. Trade execution logic is determined and initiated solely by rules configured, audited, and executed by the user on their local desktop installation or directed via external webhooks selected by the user. Automated enforcement of subscription Usage Limits under Section 6.3 (such as pausing new automated entry orders upon reaching a plan limit) is necessary for the performance of your subscription contract within the meaning of Article 22(2)(a) GDPR; you may contact support@tradeautomationtoolbox.com to request human review of, and to contest, any Usage Limit enforcement action.

14.7. Exercising Your Rights & Supervisory Authority Complaints. To exercise any of your GDPR rights, please submit a written request to our Data Protection / Compliance Team at support@tradeautomationtoolbox.com. We will respond to authenticated requests within thirty (30) calendar days without charge. If you believe our processing of your personal data violates applicable data protection laws, you have the right to lodge a formal complaint with your local EU Data Protection Authority ("DPA") or the UK Information Commissioner's Office ("ICO").

14.8. Data Retention Periods (Article 5(1)(e) GDPR). We retain Personal Data strictly for the duration necessary to fulfill the purposes set forth in these Terms, maintain active software licensing, comply with statutory legal and financial obligations, resolve disputes, and enforce our agreements. Personal Data is retained according to the following definitive schedules:

Account Registration & License Records: Retained for the active lifecycle of your user account plus seven (7) years following subscription termination or account closure to satisfy statutory corporate accounting, tax compliance (Internal Revenue Code § 6001), and contractual defense requirements;

Financial Transaction & Billing Records: Processed via third-party payment processors (Stripe) and retained by the Company for seven (7) years in accordance with state and federal tax recordkeeping regulations;

Operational Telemetry & License Validation Logs: Technical server logs, IP addresses, trigger execution timestamps, and license authentication telemetry are retained on a rolling ninety (90) to one-hundred-eighty (180) day cycle, after which they are permanently purged or aggregated into non-identifiable statistical metrics;

Encrypted Database Backup Archives: Stored in an encrypted format on secure cloud infrastructure solely while your subscription remains active, or until you manually delete them via the Software interface (Settings > Live Mode Settings > Database Backup). All backup archives are automatically and irreversibly purged thirty (30) calendar days following account termination, cancellation, user disabling of the backup feature, or verified data deletion requests;

Usage Data: Retained for the current billing period plus twenty-four (24) months to administer Usage Limits, resolve billing disputes, and detect license abuse, after which it is deleted or converted into non-identifiable Aggregated Data;

User Trade Data (Trade Reporting Service): Retained while the Trade Reporting Service is enabled and your subscription remains active. User Trade Data is deleted within thirty (30) calendar days following your deletion request or account termination or cancellation, and within ninety (90) calendar days after you disable the Trade Reporting Service. Aggregated Data is not subject to this schedule;

Contractual Assent & Compliance Audit Logs: Records of terms acceptance, modification notices, and decline events (including account email, timestamp, IP address, machine GUID, software version, terms version, and cryptographic text SHA-256 hashes) are retained for seven (7) years following account termination to establish mutual assent and defend legal claims; and

Customer Support Inquiries & Communications: Retained for three (3) years from the date of ticket resolution to ensure support continuity and address potential follow-on technical inquiries.

14.9. Authorized Sub-Processors & Data Processing Agreements (Article 28 GDPR). You acknowledge and consent that the Company engages vetted third-party service providers ("Sub-Processors") to support infrastructure, licensing, and transaction processing. Current Sub-Processors include:

(a) Stripe, Inc. (United States / Global) for payment processing, billing automation, subscription management, and PCI-DSS Level 1 certified fraud prevention; (b) Hivelocity, Inc. (United States) for dedicated server infrastructure, server hosting, licensing verification APIs, and storage and processing of Usage Data and Trade Reporting Service data (SOC 2, ISO 27001 certified); (c) Backblaze, Inc. (United States) for encrypted cloud backup storage for user-initiated database backups via Backblaze B2 (SOC 2 Type 2 certified); and (d) Postmark (Wildbit LLC / ActiveCampaign LLC) (United States) for transactional email transmission for account activation, password resets, license key delivery, and legal communications. The Company maintains executed Data Processing Agreements ("DPAs") incorporating European Commission approved Standard Contractual Clauses ("SCCs") with all Sub-Processors to guarantee that data processing conforms to statutory GDPR and UK GDPR safeguards.

14.10. Security Incident & Data Breach Notification (Illinois PIPA & GDPR Articles 33–34). The Company maintains administrative, technical, and physical security safeguards designed to protect personal information against unauthorized access, loss, destruction, or alteration. In the event of a confirmed security incident or unauthorized access resulting in a breach of personal data under the Illinois Personal Information Protection Act (815 ILCS 530/) or Articles 33–34 of the GDPR:

(a) The Company will notify competent supervisory authorities (including the Illinois Attorney General and relevant European DPAs) without undue delay, and where feasible, not later than seventy-two (72) hours after becoming aware of a high-risk personal data breach; (b) The Company will notify affected users without unreasonable delay via the primary email address registered to their account, detailing the nature of the breach, the categories of data implicated, the likely consequences, and the immediate corrective and remedial measures implemented by the Company; and (c) The Company will take immediate commercially reasonable steps to isolate, contain, remediate the vulnerability, and cooperate with law enforcement and regulatory bodies as required by law.

14.11. User Trade Data & Optional Trade Reporting Service.

(a) Optional Service. The Software offers an optional service that allows you to upload trade records from your local TAT database to the Company's servers to generate performance reports, analytics, and dashboards available to you (the "Trade Reporting Service"). The Trade Reporting Service is disabled by default and is enabled only by your affirmative election within the user website. You may disable it at any time. The Trade Reporting Service is separate from the Database Backup Service described in Section 14.2, and database backup archives are not used to generate reports.

(b) User Trade Data. "User Trade Data" means the trade records you upload to the Trade Reporting Service, which may include symbols, strategy and template names, order types, quantities, entry and exit times, fill prices, commissions and fees, and profit and loss, together with the connected broker and a partial brokerage account number. Broker passwords, API secret keys and tokens, and full brokerage account numbers are never uploaded.

(c) Server-Side Processing & Security. Unlike database backup archives, User Trade Data is processed in readable form on the Company's servers in order to generate your reports. User Trade Data is encrypted in transit and at rest, access is limited to personnel and systems that need it to operate, secure, or support the service, and it is hosted by the Sub-Processors identified in Section 14.9.

(d) Ownership & Limited License. As between you and the Company, you retain all rights in your User Trade Data. You grant the Company a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, process, and display your User Trade Data solely to (i) provide the Trade Reporting Service to you, (ii) secure, maintain, and troubleshoot the Software, (iii) create Aggregated Data under subsection (e), and (iv) comply with applicable law. This license ends when your User Trade Data is deleted, except as to Aggregated Data already created.

(e) De-Identified, Aggregated Data. The Company may create de-identified, aggregated data derived from User Trade Data and Usage Data that does not identify, and cannot reasonably be used to identify, you or any brokerage account ("Aggregated Data"), and may use Aggregated Data to operate, analyze, and improve the Software. The Company will maintain Aggregated Data in de-identified form, will not attempt to re-identify it, and will contractually prohibit any recipient from re-identifying it. The Company may publish Aggregated Data only in a form that cannot be attributed to any individual user or account.

(f) Restrictions on Company Use. These restrictions apply to all of your trading data, including User Trade Data, Usage Data (Section 6.3), and database backup archives (Section 14.2) (collectively, "Trading Data"). The Company will not sell your Trading Data, will not disclose your individual Trading Data to other users or third parties (other than Sub-Processors and as required by law under Section 14 of our Privacy Policy), and will not use your Trading Data to trade, copy, front-run, or generate signals based on your strategies.

(g) Reports Are Informational Only. Reports generated by the Trade Reporting Service are derived from data supplied by your local Software and your broker, may differ from your broker's official statements, trade confirmations, and tax forms (including Form 1099-B), and do not constitute investment, tax, or accounting advice. Your broker's records control.

(h) No Monitoring Duty. The Company does not use User Trade Data or Usage Data to monitor, supervise, approve, or intervene in your trading. Receipt of such data does not create any duty on the part of the Company to review your trades, monitor your positions, orders, or margin, or warn you of any risk.

(i) Disabling & Deletion. You may disable the Trade Reporting Service and request deletion of uploaded User Trade Data at any time through the user website or by contacting support@tradeautomationtoolbox.com. Deletion occurs in accordance with Section 14.8.

15. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

16. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: tradeautomationtoolbox.com/privacy. By using the Site or the Software, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and Software are hosted in the United States. If you access the Site or Software from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

17. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site or Software. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE SOFTWARE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate your account without cause (that is, for any reason other than your breach of these Terms of Use or violation of applicable law), we will refund any prepaid subscription fees for the unused remainder of your current billing period on a pro-rata basis.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

18. MODIFICATIONS AND INTERRUPTIONS

We cannot guarantee the Site or Software will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site or Software, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Software during any downtime or discontinuance of the Site or Software.

19. GOVERNING LAW AND VENUE

These Terms of Use, the Privacy Policy, the combined Risk Disclosure Statement & Short Options / 0DTE Multi-Broker Addendum, and your use of the Site and Software are governed by and construed in accordance with the substantive laws of the State of Illinois, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods ("CISG") is expressly excluded. To the extent any judicial proceeding is permitted under Section 20, you and the Company irrevocably consent and submit to the exclusive personal jurisdiction and venue of the Circuit Court of the Eleventh Judicial Circuit, McLean County, Illinois, or the United States District Court for the Central District of Illinois (Peoria Division).

20. DISPUTE RESOLUTION

20.1. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

20.2. Binding Arbitration. If the Dispute cannot be resolved through informal negotiations within thirty (30) days, the Dispute shall be finally and exclusively resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or Consumer Arbitration Rules, where applicable).

Consumer Cost-Sharing & Fee Limits: If you are an individual consumer subscriber utilizing the Software for personal trading, the arbitration shall be governed by the AAA Consumer Arbitration Rules. The Company will pay all AAA administration fees and arbitrator compensation in excess of the then-current standard initial consumer filing fee prescribed by the AAA Consumer Fee Schedule (currently $200), unless the arbitrator determines your claim is frivolous or brought for an improper purpose under Federal Rule of Civil Procedure 11.

Arbitrator Authority on Fees and Costs: The arbitrator shall have the full authority to award reasonable attorneys' fees, expert witness fees, and arbitration costs to the prevailing party to the fullest extent permitted by applicable statute or common law.

Virtual Hearing & Remote Participation: To eliminate geographic burdens for subscribers residing in California, New York, or other non-Illinois jurisdictions, all arbitration conferences, hearings, and proceedings may, at the election of the subscriber, be conducted entirely virtually by videoconference (e.g., Zoom or Teams) or telephone, or decided solely on written document submissions for claims under $25,000, without requiring personal physical travel to Bloomington, Illinois.

Court Jurisdiction Fallback & Severability: If this mandatory arbitration agreement or the class action waiver is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in whole or in part, then the arbitration agreement shall be deemed severed as to that dispute, and the parties agree that such dispute shall be filed, heard, and determined exclusively in the state or federal courts located in McLean County, Illinois (or the United States District Court for the Central District of Illinois), and each party irrevocably consents and submits to the personal jurisdiction and venue of such courts.

20.3. Restrictions & Class Action Waiver. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. TO THE FULL EXTENT PERMITTED BY LAW:

(A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

20.4. Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

21. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

22. DISCLAIMER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SOFTWARE, DOCUMENTATION, BYOB BACKTESTING TOOLS, CONFIGURATION TEMPLATES, AND ALL SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW (INCLUDING ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AS ENACTED IN ILLINOIS, 810 ILCS 5/2-316), THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, AND SYSTEM INTEGRATION.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO WARRANTY, GUARANTEE, OR REPRESENTATION THAT: (A) THE SITE, SOFTWARE, OR BYOB ENGINE WILL MEET YOUR FINANCIAL, INVESTMENT, OR TRADING REQUIREMENTS; (B) OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, BUG-FREE, OR ERROR-FREE; (C) HISTORICAL MARKET DATA FEEDS OR REAL-TIME QUOTE STREAMS PROVIDED VIA THIRD-PARTY BROKER APIS OR DATA VENDORS WILL BE ACCURATE, COMPLETE, TIMELY, OR UNCORRUPTED; (D) BACKTESTED, SIMULATED, OR HYPOTHETICAL TRADING RESULTS CAN OR WILL BE DUPLICATED IN LIVE BROKERAGE ACCOUNTS; (E) ORDERS TRANSMITTED VIA BROKER APIS WILL BE TIMELY RECEIVED, PROCESSED, MATCHED, OR FILLED BY CONNECTED EXCHANGES OR BROKER-DEALERS; OR (F) DEFECTS IN SOFTWARE CODE OR ALGORITHMIC CALCULATION LOGIC WILL BE DETECTED OR CORRECTED.

YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND SOFTWARE, AND ANY TRADING DECISIONS, ORDERS, OR ASSET ALLOCATIONS EXECUTED THEREUNDER, ARE AT YOUR SOLE, INDEPENDENT, AND EXCLUSIVE RISK. NO ORAL OR WRITTEN INFORMATION, DOCUMENTATION, VIDEO TUTORIAL, OR ADVICE GIVEN BY THE COMPANY, ITS DEVELOPERS, OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

23. THIRD-PARTY SIGNALS, EXTERNAL WEBHOOKS, AND CONFIGURATION TEMPLATES

23.1. Independent Software Operation Only. Trade Automation Toolbox is purely a neutral technical software application designed to facilitate self-directed trade entry and rules-based order management in the user's personal brokerage account. The Company is not an investment adviser, commodity trading advisor, broker-dealer, or financial analyst. The Company does not provide investment recommendations, trading advice, or financial analysis.

23.2. Disclaimers Regarding Third-Party Signal Providers. The Site and Software may include webhook endpoints and external signal ingestion features that allow you to receive automated trade instructions from external sources (e.g., TradingView alerts, third-party signal services, or custom scripts). You expressly acknowledge and agree that:

(a) the Company does not author, review, verify, validate, test, or endorse any third-party signals, algorithms, strategies, or trade recommendations; (b) the Company is not affiliated with, partnered with, or sponsored by any third-party signal provider, algorithm vendor, trading educator, or commercial signal service, unless expressly stated in an authorized written partnership announcement published directly on the Company’s official website, and any such partnership, referral, affiliate, or co-marketing relationship, even if announced, does not constitute the Company's review, verification, validation, or endorsement of any signal, strategy, or provider, and any compensation the Company receives under such a relationship will be disclosed in that announcement; (c) any decision to link your Software instance to an external signal provider is made solely at your own discretion and independent financial risk; and (d) external webhooks rely on internet transmission and third-party servers, and the Company is not responsible for delayed, dropped, malformed, duplicate, or out-of-sequence webhooks.

23.3. Prohibition Against Commercial Signal Syndication. The Software license granted herein is personal, non-transferable, and strictly for your own individual, non-commercial use. You are strictly prohibited from:

(a) sublicensing, reselling, or commercially exploiting TAT's webhook endpoints; (b) operating a commercial signal service or newsletter that systematically broadcasts webhooks to multiple TAT end-users without an express written Institutional Enterprise Agreement executed by the Company; (c) publicly hosting, distributing, or selling proprietary .tat trade template files authored by third parties without the Company’s prior written consent; or (d) capturing, siphoning, or redirecting TAT's internal outbound notification webhooks (including execution alerts, margin rejections, or stop failures) to a third-party commercial server or database.

23.4. User Indemnification for Third-Party Signals. You agree to defend, indemnify, and hold harmless the Company, its affiliates, members, officers, and developers from and against any and all claims, liabilities, losses, damages, arbitrations, regulatory inquiries, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

(a) your use of any third-party signal service or external webhook in connection with the Software; (b) any claim by a third party (including any joint account owner, co-trader, client, or signal subscriber) relating to trades placed in any brokerage account as a result of third-party signals; or (c) your distribution or sharing of TAT account credentials, tokens, or configuration templates with any unauthorized third party.

23.5. Release and Exclusion of Liability for Third-Party Signals.

To the maximum extent permitted by applicable law, you release the Company and its affiliates, officers, members, managers, employees, and developers from, and covenant not to assert against any of them, any claim for trading losses, lost profits, margin deficits, liquidation losses, or other damages arising out of or relating to: (a) any third-party signal, alert, algorithm, strategy, newsletter, chatroom instruction, or configuration template; (b) any webhook or other instruction transmitted by a third party to your Software instance; or (c) your decision to connect your Software instance to any third-party signal source. The Company shall have no liability under any legal theory for any such losses or damages. This Section 23.5 is in addition to Sections 22, 25, and 26 of these Terms of Use and Part I, Covenant 7 of the Risk Disclosure Statement & Short Options / 0DTE Multi-Broker Addendum, and is subject to the Statutory Savings Carve-Out in Section 25.

23.6. Obligations of Signal Providers.

If you operate, publish, or distribute signals, alerts, webhooks, or templates that are received or used by other TAT users (whether or not for compensation, and whether or not under an Institutional Enterprise Agreement), you: (a) shall not state or imply that the Company has reviewed, endorsed, partnered with, or approved your signals or services unless expressly authorized in writing by the Company; (b) shall clearly disclose to your subscribers that the Company is not responsible for your signals; and (c) shall defend, indemnify, and hold harmless the Company and its affiliates, officers, members, and developers from and against any claim, demand, arbitration, regulatory inquiry, loss, or expense (including reasonable attorneys' fees) brought by any of your subscribers or customers or any regulator arising out of or relating to your signals, alerts, webhooks, templates, or services.

24. HYPOTHETICAL PERFORMANCE, BACKTESTING (BYOB), AND STRATEGY TEMPLATES

24.1. Regulatory Disclosure Regarding Simulated and Hypothetical Performance (17 C.F.R. § 4.41(b)(1) & NFA Rule 2-29). Certain features of the Site and Software, including the "Build Your Own Backtest" ("BYOB") backtesting engine, allow users to evaluate trading strategies against historical market data. Trade Automation Toolbox is a commercial desktop software utility primarily serving self-directed retail equity and broad-based index options traders. Trade Automation Toolbox, LLC is not a registered Commodity Trading Advisor ("CTA"), Commodity Pool Operator ("CPO"), investment adviser, or broker-dealer under the Commodity Exchange Act or federal or state securities laws, does not manage customer funds or pooled investment accounts, and does not provide personalized trading advice. Trade Automation Toolbox, LLC provides the following regulatory disclosure—which represents the exact verbatim text prescribed by the Commodity Futures Trading Commission ("CFTC") under 17 C.F.R. § 4.41(b)(1)(i) and satisfies registered futures association standards under National Futures Association ("NFA") Compliance Rule 2-29. Inclusion of this disclosure does not concede CTA/CPO status or entity-level CFTC jurisdiction. To the extent that you utilize the Software or BYOB to model, backtest, simulate, or trade futures contracts, options on futures, retail foreign exchange (forex), or related commodity interests, this regulatory disclosure applies directly pursuant to 17 C.F.R. § 4.41; for equity and index options, it is provided as an industry-standard benchmark of care:

THESE RESULTS ARE BASED ON SIMULATED OR HYPOTHETICAL PERFORMANCE RESULTS THAT HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE THE RESULTS SHOWN IN AN ACTUAL PERFORMANCE RECORD, THESE RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, BECAUSE THESE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THESE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED OR HYPOTHETICAL TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THESE BEING SHOWN.

24.2. Neutral Analytical Software Tool Only; No Advisory Recommendations. BYOB and all related backtesting, modeling, and simulation tools are impersonal, mathematical, and algorithmic software utilities designed solely for self-directed technical analysis. The Company, its members, managers, and developers:

(a) Are not registered investment advisers (RIAs), commodity trading advisors (CTAs), broker-dealers, or financial analysts under federal or state securities or commodities laws; (b) Do not provide personalized investment advice, financial planning, portfolio management, or trade recommendations; (c) Do not recommend, endorse, or vouch for the profitability, viability, or mathematical soundness of any strategy modeled, backtested, or constructed in BYOB; and (d) Do not represent that any strategy tested in BYOB will perform profitably or avoid catastrophic drawdowns in live market trading.

24.3. Material Divergence Between Simulated Tests and Live Market Execution. Simulated backtesting results generated in BYOB are based on idealized mathematical models and historical price data feeds that cannot duplicate the real-world friction of live market execution. You expressly acknowledge and agree that actual live trading results routinely diverge—often substantially and adversely—from simulated backtests due to factors including, without limitation:

(a) Liquidity Gaps & Bid-Ask Spread Widening: Historical data models often assume execution at midpoint or historical quote prices. In live markets—particularly in short-dated or zero-days-to-expiration ("0DTE") options—bid-ask spreads frequently widen dramatically during high-volatility events, resulting in severe fill slippage; (b) Execution Latency & Order Routing Queues: Backtests assume instantaneous order fills. Live trades are subject to internet latency, broker API transmission queues, exchange matching engine priority, and rate limiting; (c) Market Impact & Partial Fills: Simulated tests do not account for the market impact of your order or the risk of partial fills, unfilled stop-loss orders, or exchange-level halts; and (d) Broker Risk Management Actions: Backtests do not reflect broker risk management actions, account restrictions, execution throttles, or forced liquidations executed by your broker under your brokerage agreement.

24.4. Strategy Template Import, Export, and .tat Execution File Generation. The BYOB tool may allow you to import entry templates, model custom condition sets, and export or generate .tat configuration files for execution in TAT live trading mode. You expressly acknowledge and agree that:

(a) No Strategy Endorsement: The generation, export, or automated translation of a backtested strategy into a .tat execution file does not constitute an endorsement, optimization, validation, or recommendation of that strategy by the Company; (b) Independent User Audit Obligation: You have a strict, non-delegable duty to independently review, inspect, and verify all trade parameters, position sizing rules, trigger conditions, profit targets, and stop-loss mechanisms contained within any exported or imported .tat file before deploying it in live trading; (c) Paper Trading Mandate: You agree to thoroughly test any strategy or template generated by BYOB in a simulated, paper-trading environment before exposing actual capital to live market risk; and (d) Absolute Exculpation for Generated Templates & Savings Carve-Out: Without limiting Section 25 (Limitations of Liability) or Section 26 (Indemnification) of these Terms of Use, and to the maximum extent permitted by applicable law, Trade Automation Toolbox, LLC, its officers, members, and developers shall have zero liability under any legal theory for any financial losses, lost capital, margin deficits, or damages resulting directly or indirectly from your deployment of any strategy, template, or .tat configuration file generated by, tested in, or exported from BYOB. Nothing in this Section limits or excludes liability that cannot be excluded or limited under applicable law, including liability resulting from gross negligence, willful misconduct, or intentional fraud, nor does it waive, limit, or affect any non-waivable statutory rights or remedies available to you under applicable federal or state securities or commodities laws.

24.5. Immediate Proximity Mandate & Export Artifact Stamping (17 C.F.R. § 4.41(b)(2)). Under regulatory standards modeled on 17 C.F.R. § 4.41(b)(2), all presentations of simulated or hypothetical trading performance must appear in immediate proximity to the required disclaimer and in prominent type. To ensure that backtesting results, equity curves, and strategy templates do not travel without this essential disclosure:

(a) Export Artifact Stamping: You acknowledge and agree that the Software will automatically stamp, embed, or watermark the mandatory hypothetical performance legend into: (i) the header metadata of all exported .tat configuration files; (ii) all generated backtest summary reports (whether exported as PDF, HTML, or CSV); and (iii) all exported graphical performance charts and equity curves; (b) User Covenant Against Unaccompanied Dissemination: You expressly covenant and agree that you shall not publish, distribute, screenshot, crop, display, or share any backtest performance results, simulated trade logs, win-rate statistics, or equity curves generated by BYOB (including on social media platforms, YouTube, Discord, Slack, online forums, or promotional materials) unless the full hypothetical performance disclaimer set forth in Section 24.1 appears in immediate proximity thereto. You shall not remove, obscure, redact, or tamper with any embedded disclaimer, watermark, or metadata contained within any exported report, image, or .tat template file.

24.6. Options Risk & Regulatory Disclosure Document. Options trading involves substantial risk of loss and is not suitable for every investor. Prior to testing or executing any options strategy, you should thoroughly review the standard disclosure document published by The Options Clearing Corporation ("OCC") entitled Characteristics and Risks of Standardized Options, available at: https://www.theocc.com/about/publications/character-risks.jsp.

24.7. Consultation with Independent Financial Professionals. You should consult with an independent, registered financial advisor, certified financial planner, or tax professional before making any financial investment or committing live capital to any automated trading strategy.

25. LIMITATIONS OF LIABILITY

SUBJECT TO AND WITHOUT LIMITING THE TOTAL DISCLAIMERS AND EXCULPATIONS OF LIABILITY SET FORTH IN THE RISK DISCLOSURE STATEMENT & SHORT OPTIONS / 0DTE MULTI-BROKER ADDENDUM, SECTION 23 (THIRD-PARTY SIGNALS, INCLUDING SECTION 23.5), SECTION 24 (BYOB BACKTESTING), AND SECTION 30.2 (ORDER OF PRECEDENCE), AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, TRADING LOSSES, CAPITAL LOSSES, BROKER MARGIN CALL DEFICITS, LIQUIDATION LOSSES, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SOFTWARE OR SITE DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Statutory Savings Carve-Out: Nothing in this Section limits or excludes liability that cannot be excluded or limited under applicable law, including liability resulting from gross negligence, willful misconduct, or intentional fraud, nor does it waive, limit, or affect any non-waivable statutory rights or remedies available to you under applicable federal or state securities or commodities laws (including Section 29(a) of the Securities Exchange Act of 1934, 15 U.S.C. § 78cc(a)).

26. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, members, managers, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site or Software; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Site or Software with whom you connected via the Site; or (7) your connection of the Software to third-party signals, webhooks, or brokerage APIs. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

27. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Except as expressly provided for the Database Backup Service (Section 14.2) and the Trade Reporting Service (Section 14.11), and although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site or Software. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

28.1. Electronic Communications. Visiting the Site, sending us emails, launching the desktop software, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

28.2. Statutory E-SIGN Act & UETA Consent. You affirmatively consent and agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed through the Site or Software. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means, pursuant to the Electronic Signatures in Global and National Commerce Act ("E-SIGN Act", 15 U.S.C. § 7001 et seq.) and the Illinois Uniform Electronic Transactions Act ("UETA", 815 ILCS 333/).

29. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

30. MISCELLANEOUS

30.1. Entire Agreement & Integration. These Terms of Use, our Privacy Policy, our combined Risk Disclosure Statement & Short Options / 0DTE Multi-Broker Addendum, and any operating rules or policies posted by us on the Site or in respect to the Software constitute the entire agreement and understanding between you and us, and supersede all prior or contemporaneous communications, proposals, representations, or agreements, whether oral or written, between the parties regarding the subject matter hereof. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

30.2. Order of Precedence & Harmonization of Liability Regimes. In the event of any direct conflict, ambiguity, or inconsistency between or among the customer agreements governing your use of the Site and Software, the agreements shall control and interpretively govern in the following descending order of legal precedence:

(1) The combined Risk Disclosure Statement & Short Options / 0DTE Multi-Broker Addendum (as to all options transactions, execution slippage, broker margin severance, assignment risks, trading liabilities, automated execution risks, Section 1256 tax reporting divergence, and broker-dealer disclaimers); (2) These Terms of Use (including Section 22 AS-IS warranty disclaimers, Section 23 third-party signal rules, Section 24 BYOB backtesting rules, Section 25 liability limitations, Section 19 Illinois governing law, and Section 20 individual AAA arbitration); and (3) The Privacy Policy (as to personal information collection, sub-processors, and data privacy rights), provided that Section 14 of these Terms of Use and the Privacy Policy shall be read together as a single data protection framework, and in the event of any conflict between them regarding the collection, use, retention, or disclosure of personal data, the provision more protective of the user shall control. Without limiting Section 25, and to the maximum extent permitted by applicable law, the total liability disclaimers, broker margin severance provisions, and exculpatory releases set forth in the Risk Disclosure Statement & Short Options / 0DTE Multi-Broker Addendum shall apply with full force and effect to any claim asserted under or relating to these Terms of Use.

30.3. Severability. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

30.4. Assignment. We may assign any or all of our rights and obligations to others at any time. You may not assign your rights or obligations under these Terms of Use without our prior written consent. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.

30.5. Force Majeure

Trade Automation Toolbox, LLC and its officers, members, employees, and software developers shall not be liable or responsible for any failure to perform, delay in performance, failed trade execution, missed trade, dropped API connection, or system interruption caused by events, acts, or circumstances beyond our reasonable control ("Force Majeure"), including without limitation: acts of God, extreme weather events, hurricanes, earthquakes, floods, fires, or natural disasters; market dislocations, unscheduled exchange closures, exchange matching engine halts, or regulatory trading halts; failure, degradation, or disruption of telecommunications carriers, cloud and server hosting infrastructure providers (including Hivelocity), backup storage providers (including Backblaze), transactional email providers (including Postmark), third-party payment gateways (including Stripe), internet service providers, or DNS providers; power outages, cyberattacks, distributed denial-of-service (DDoS) attacks, ransomware, or malicious intrusions; failures, breaking API modifications, latency spikes, throttles, or service interruptions by connected brokerages (including Charles Schwab, Interactive Brokers, Tradier, TradeStation, and Tastytrade); or acts of war, terrorism, civil unrest, labor disputes, strikes, national emergencies, pandemics, or government actions.

31. CONTACT US

In order to resolve a complaint regarding the Site or Software, or to receive further information regarding use of the Site or Software, please contact us at:

Trade Automation Toolbox, LLC

14671 Knob Hill Dr

Heyworth, IL 61745

United States

Email: support@tradeautomationtoolbox.com

Phone: (872) 222-7499