1. This agreement

1.1 These Terms of Use and End-User License Agreement (the "Terms") are a contract between you and Wash-Sale Guardian LLC. They cover the Mastbound Trader software, its installers, updates, templates, documentation, local web app, phone-control and alert features, license keys, and any website or support we provide for it (together, "Mastbound Trader").

1.2 You accept these Terms when you tick the "I agree" box at checkout, at installation or first launch, or anywhere else we ask for it. If you don't agree, don't install or use Mastbound Trader.

1.3 If you accept for a company or other entity, you confirm you have authority to bind it, and "you" means that entity as well.

1.4 Eligibility. You must be at least 18 years old (or the age of majority where you live, if higher). You must not be located in, or ordinarily resident in, a country or region subject to comprehensive U.S. sanctions, and must not be on a U.S. government restricted-party list. At launch we sell only to customers in the United States.

2. Definitions

• Account: any trading account you connect to Mastbound Trader, including prop-firm evaluation accounts, prop-firm funded accounts, brokerage accounts, and practice, simulation or demo accounts.
• Practice account: a simulation, replay, playback or demo account where no real money and no prop-firm account is at stake (for example NinjaTrader's Sim101 or Playback101, or a Tradovate demo account).
• Live account: any Account that is not a Practice account. A prop-firm evaluation account counts as a Live account under these Terms, even though the firm may call it "simulated".
• Firm: a proprietary trading firm, evaluation provider, broker, futures commission merchant or clearing firm connected with an Account.
• Trading Platform: NinjaTrader 8, Tradovate, or any other platform Mastbound Trader connects to.
• Strategy: any set of trading rules Mastbound Trader runs, including built-in templates, rules you write or generate (for example with a chatbot of your choice or the AI features in section 14A), and alerts you send from TradingView or another service.
• Settings: every value you enter or accept, including instruments, times, entry levels, stops, targets, sizes, daily loss limits, drawdown limits, contract limits and flatten times.
• Order: any instruction Mastbound Trader sends to a Trading Platform, including entries, stops, targets, cancels and flattens.
• Third-Party Services: services we don't own or control, including Trading Platforms, Firms, exchanges, data feeds, TradingView, Discord, Telegram, Cloudflare, ngrok, Stripe, and any AI chatbot you use.

3. What Mastbound Trader is, and what it is not

3.1 Local software. Mastbound Trader is installed on, and runs on, a computer you control. It works with your own Trading Platform, your own login and your own data feed.

3.2 We don't control your Accounts. We don't hold your Trading Platform, broker or Firm login. We don't have authority to trade your Accounts. We don't place Orders from our computers. We can't see your Accounts, positions or Orders unless you send us that information (for example in a diagnostics file) or use the official Discord bot, whose messages pass through our relay (Privacy Notice, section 5.2).

3.2A Direct Tradovate connection. If you use it, Mastbound Trader stores your Tradovate API login on your computer (in your operating system's protected storage where available) and uses it to sign in to your own Tradovate account from your computer. It is never sent to us. Tradovate's own terms and fees for API access apply.

3.3 You start it and you can stop it. Mastbound Trader sends Orders to a Live account only after you connect that account, choose your Strategy and Settings, and confirm on screen that you want it switched on. You can stop Mastbound Trader at any time, and you can always close positions directly in your Trading Platform or your Firm's or broker's app.

3.4 What we are not. We are not a broker, futures commission merchant, introducing broker or commodity pool operator, and we never hold your money. We are not registered with the Commodity Futures Trading Commission, the National Futures Association, the Securities and Exchange Commission or any other financial regulator, as a commodity trading advisor or in any other capacity.

3.5 No affiliation. Mastbound Trader is not affiliated with, endorsed by or sponsored by any Firm, Trading Platform, exchange, educator or Third-Party Service. Their names are used only to describe compatibility or the public ideas a template is based on, and belong to their owners.

4. No advice, no recommendations

4.1 Nothing in Mastbound Trader, its templates, documentation, videos, website, emails, support replies or setup sessions is investment, trading, legal, tax or financial advice, or a recommendation to buy or sell anything.

4.2 Templates are generic. Built-in templates (for example Range Breakout and the study templates based on publicly taught concepts) are examples of how trading rules can be written down. They are the same for every customer and are not tailored to you, your Accounts, your positions or your finances. We make no claim that any template has made money, will make money, or is suitable for you. Being built in is not a sign that a template makes money; we have not shown that any of them does.

4.2A Built-in values. Templates and the engine also contain fixed rules and values that are the same for every customer (for example how a template decides an entry, and order handling inside NinjaTrader). You can read them in the documentation included with Mastbound Trader. By switching a template on, you accept them as part of your Settings.

4.3 You write your own rules. If you describe rules in your own words, or use a chatbot of your choice or Mastbound Trader's AI features (section 14A) to help write them, the rules are yours. Chatbots are Third-Party Services, and chatbots and AI features can produce wrong or harmful output. You must read and approve every rule before Mastbound Trader runs it.

4.4 Support is technical only. Support and setup sessions cover installing, connecting and using Mastbound Trader. We won't suggest a Strategy, Settings, stop, target, size or limit. In a setup session, you type every value yourself.

5. Your responsibilities

5.1 You are responsible for every Strategy, Setting and Order. You choose, configure and approve every Strategy and every Setting. As between you and us, you are responsible for every Order placed on your Accounts, including Orders Mastbound Trader places following your Strategy and Settings, and for the results. Our responsibility for errors in Mastbound Trader itself is limited as sections 20 to 22 describe.

5.2 Test in simulation first. Before you switch on any Live account, you must run your Strategy and Settings on a Practice account long enough to understand how they behave. Mastbound Trader may require a minimum number of practice sessions before it allows a Live account.

5.3 Watch your Accounts. Mastbound Trader doesn't replace your own monitoring. Keep your Firm's or broker's app available so you can close positions yourself if Mastbound Trader, your computer, your internet or your Trading Platform stops working.

5.4 Use only your own Accounts. Use Mastbound Trader only on Accounts that you own and control. Don't use it to trade for anyone else, or to run anyone else's Account, with or without pay.

5.5 Your computer and connections. You are responsible for your computer, operating system, power, sleep and update settings, internet connection, Trading Platform license, data feed, time-zone settings and security, and for keeping Mastbound Trader updated.

5.6 Your credentials and devices. Keep your license key, computer, Discord, Telegram and email accounts secure. Anyone who controls them may be able to control Mastbound Trader's phone commands and alerts.

5.7 Accurate information. Information you give us (for example at checkout) must be accurate.

6. Prop firms, brokers and exchanges: their rules come first

6.1 Your agreements with your Firms, brokers, Trading Platforms and exchanges always come first. You are solely responsible for knowing and following them. That includes rules on automated trading, purchased tools, trade copiers, hedging, the number of accounts, news trading, consistency, inactivity and restricted countries.

6.2 Some Firms ban automation. Some Firms prohibit automated trading, bots bought from others, or trade copiers. Don't use Mastbound Trader's order features on an Account whose Firm prohibits them. If you're not sure, ask your Firm in writing before you switch on that Account.

6.3 Firm information in Mastbound Trader is a convenience. Mastbound Trader may show our reading of a Firm's public rules, with the date we last checked, and may block some actions for some Firms. That information can be incomplete, wrong or out of date, and Firms change their rules. It is not a promise that your use complies with any Firm's rules.

6.4 No promise about your Firm account. We don't promise that you will pass an evaluation, keep an Account, avoid a rule breach, or receive a payout. If a Firm fails, suspends or closes your Account, or refuses or reduces a payout, that is between you and the Firm.

6.5 Similar trades. Other customers may use the same templates. Some Firms treat identical trades by different people as copy trading or group trading. On Live accounts, choose your own Settings.

7. Automated trading and technical failures are your risk

7.1 You understand and accept that automated trading can fail, and that failures can cost you money or cost you a Firm Account. Failures include, for example:

• your computer sleeping, restarting, updating, crashing or losing power;
• your internet connection dropping or slowing;
• your Trading Platform freezing, closing, disconnecting, updating or rejecting Orders;
• a broker, Firm, exchange or data feed being slow, wrong, halted or unavailable;
• Third-Party Services (such as Discord, Telegram, TradingView or Cloudflare) failing or delaying messages;
• bugs, errors or unexpected behavior in Mastbound Trader, including in its safety features;
• wrong or unexpected Settings, time zones, contract months or holiday hours.

7.2 Because of these failures, an Order may not be sent, may be sent late, may be sent more than once, may fill at a different price or size, or may not be cancelled. A protective stop may not be in place. A position may stay open. A flatten may not happen at the time you set.

7.3 Stops don't guarantee a price. A stop order doesn't guarantee that your loss stops at that price. In fast markets it can fill much worse, or not at all.

7.4 Safety features are aids, not guarantees. Limits, flatten times, stop checks, alerts, watchdogs, phone commands and firm-rule blocks are designed to reduce risk. They can fail, and they don't work when the computer or Trading Platform they run on isn't working.

7.5 To the maximum extent the law allows, you accept these risks, including failures caused by bugs or other errors in Mastbound Trader, and you agree that losses caused by them are your responsibility, subject only to section 21 (our limited liability) and section 22 (what can't be limited).

8. Simulated and hypothetical results

Replay results, backtests and Practice-account results are simulated or hypothetical. They are not real trading results and don't predict real results. See the Risk Disclosure, including the statement required by CFTC Rule 4.41(b)(1).

9. Beta and early-access features

9.1 Features labelled "beta", "early access", "preview" or similar ("Beta Features") are still being tested. They may have more bugs, may change or be removed without notice, and may never become generally available.

9.2 While Mastbound Trader is in beta, it places Orders only on Practice accounts (NinjaTrader's Sim101 and Playback101, and Tradovate demo accounts). It does not connect to real or prop accounts, and it places no Orders on a Live account.

9.3 Beta Features are provided "as is", with no support commitment. Section 20 applies to them in full.

10. Your license

10.1 License, not a sale. Mastbound Trader is licensed to you, not sold. While your subscription (or free plan) is active and you follow these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use Mastbound Trader, in object-code or packaged form, on the number of computers your plan allows at a time (shown on our pricing page), for your own trading on your own Accounts.

10.2 Ownership. We and our licensors own Mastbound Trader, including all copies, and all copyrights, trade secrets, trademarks and other rights in it. We keep all rights we don't expressly grant you. Some templates or components may be licensed to us by their authors; they are covered by these Terms unless we tell you otherwise.

10.3 Open-source components. Some components are open-source software. Their own licenses apply to them, and nothing in these Terms limits your rights under those licenses. A list is available on request from mastbound@washsaleguardian.com.

10.4 Your key is marked. Your license key carries a license identifier. We may use it to identify copies made from your license.

10.5 License checks. Apart from the activation and check-ins in section 10A, Mastbound Trader doesn't send your license to our servers, except that AI included checks it with each AI request and each check of your allowance (section 14A).

10A. License activation

10A.1 Activation. When you enter a Pro, Operator or trial license key, Mastbound Trader activates it on that computer with our license server, which Wash-Sale Guardian LLC runs on Cloudflare, and then checks in about once a week in the background. The free plan needs no license key, and nothing is sent for it. In a version of Mastbound Trader where activation isn't switched on yet, a license works without it.

10A.2 What is sent. Your license key (it carries your license ID and the name and email address it was issued to; our server checks the key and keeps only the license ID), a hashed ID of your computer (never the computer's own ID), an install ID (a random number Mastbound Trader makes for itself), the app version and a new random number for each request. Never your trades, Orders, positions, Account names, Settings, Strategies or logins. What we keep, and for how long, is in the Privacy Notice, section 3.2.

10A.3 Computers. A license works on the number of computers your plan allows at a time (section 10.1), which our pricing page and your welcome email state. To use it on another computer, choose Move to another computer on the License screen of a computer you no longer use, or email us and we'll free one.

10A.4 Offline. If our license server can't be reached (no internet, or our server is down), Mastbound Trader keeps working with your license for 14 days after its last successful activation or check-in.

10A.5 What a license problem can and can't do. A license problem (no internet, our license server down, an expired, cancelled or revoked license, too many computers, or a wrong clock on your computer) never blocks or delays Flatten & stop, Stop, Pause, cancelling Orders, the NinjaTrader add-on's own exits or any other emergency action, and never stops a session that is already running. After the 14 days in 10A.4, or once a license has expired or ended, it can only stop a new paid session or a paid feature from starting, with a message that says why. Practice on the free plan keeps working without a license.

10A.6 Revocation. We may revoke a license, so that it can no longer be activated or checked in, for a chargeback or refund, non-payment, abuse, or sharing a key (for example one license on more computers than its plan allows), as sections 12, 15.6, 16.5 and 24.3 describe. Revoking a license never touches your open positions or Orders; closing them stays under your control.

10A.7 Don't work around it. Faking, blocking or getting around activation or check-ins is a breach of section 11 (item 5).

11. What you may not do

You may not, and may not help or allow anyone else to:

1. copy Mastbound Trader, except to install it on your allowed computers and to make one backup;
2. share, publish, upload, sell, resell, rent, lease, lend, sublicense, host, or otherwise make Mastbound Trader or your license key available to anyone else, including on Discord, Telegram, forums, file-sharing sites, or in "group buys";
3. reverse engineer, decompile, disassemble, or try to derive the source code, structure or algorithms of Mastbound Trader, except to the extent applicable law expressly permits this despite this restriction;
4. modify, translate or create derivative works of Mastbound Trader, or use it (or any part of it, including templates and documentation) to build or train a competing product or service;
5. disable, bypass, forge or interfere with license keys, license checks, machine limits, leases or other technical protections;
6. remove, hide or change any copyright notice, license identifier, build identifier, terms reference or other marking;
7. use Mastbound Trader to trade for others, to manage other people's Accounts, or to sell signals or copy-trading services;
8. use Mastbound Trader in breach of any Firm's, broker's, Trading Platform's, exchange's or Third-Party Service's rules, or of any law;
9. use Mastbound Trader to manipulate markets, to hedge across Accounts or Firms where that is prohibited, or to hide automated activity from a Firm;
10. probe, scan or attack our servers, or send them malicious code.

12. What happens if you break section 11

12.1 Monitoring. We may use license records (for example many computers using one license) to detect sharing (section 10A).

12.2 Suspension and termination. We may suspend or end your license immediately, without refund, if we reasonably believe you breached section 11. Suspension of new sessions never requires us to touch your open positions; closing them stays under your control.

12.3 Other remedies. A breach of section 11 may cause us harm that money can't fully repair. We may ask a court for an injunction or other equitable relief, in addition to damages and any other remedy the law allows, including remedies under copyright law such as 17 U.S.C. §§ 1201-1203 (circumvention and removal of copyright management information) and takedown notices under 17 U.S.C. § 512.

13. Confidentiality

Non-public parts of Mastbound Trader (including code, rules files, templates and internal documentation) are our confidential information. Don't disclose them except as these Terms allow. This doesn't apply to information that is public through no fault of yours.

14. Third-party services

14.1 Mastbound Trader works with Third-Party Services. Their terms and privacy policies apply to your use of them. We don't control them and aren't responsible for them, for their availability, or for changes they make.

14.2 You are responsible for making sure your use of Mastbound Trader with a Third-Party Service is allowed under that service's terms. For example, TradingView's terms place limits on how its alerts may be used, and a Trading Platform may need its own license for automated orders.

14A. AI features

14A.1 What they are. From your recording and Describe my strategy use an AI model to turn your own recording, notes, answers or words into a draft rules card. They use AI included (coming soon): our AI service, used with your license key and your plan's monthly allowance, which passes each request to our AI provider, Anthropic, and returns the reply. AI included isn't switched on yet: until it is, From your recording and Describe my strategy can't draft rules.

14A.2 Allowance. AI included comes with an allowance of units for each calendar month, counted in UTC. The app's Settings show your allowance, what you have used, the units each kind of request uses and the date it resets. Each AI reply brings them back, and Mastbound Trader asks our AI service for them, with your license key, only when you press Check my units in Settings. Unused units don't carry over, have no cash value and can't be transferred. When the allowance is used up, AI included stops until it resets on the 1st of the next month; you can still write your rules yourself, use Copy prompt with any AI chat, or choose a template. A request's units are counted when it is sent. They are usually returned if our service or our provider fails before the model answers (the app's message says whether a failed request used units); once the model has answered, even with an incomplete or declined answer, they stay counted. Sending the same request again within 15 minutes doesn't count it twice. We may change the allowance or the units a request uses; the app shows the current numbers.

14A.3 Fair use, limits and pauses. AI included is for drafting your own rules in Mastbound Trader, for your own trading. Don't share access to it, use it for other people, send requests with scripts or other software, or try to get around its allowance or limits. To keep it working for everyone, we limit how many requests can run at the same time and how often they can be sent, and we may set a daily limit for all customers together. We may pause or limit AI included, for everyone or for one license, for example during an outage, when a daily limit is reached, when our provider is unavailable, or if we reasonably believe a license is being misused. While it is paused or limited, you can still write your rules yourself, use Copy prompt with any AI chat, or choose a template. We don't promise that it is available at any particular time (section 18.2). The rest of Mastbound Trader works without it.

14A.4 AI output is a draft. AI can misread a chart, miss or invent a rule or a number, or misunderstand your words. What the AI features return is a draft for you to check against your own trading. Mastbound Trader adds nothing to your rules library until you confirm it, and runs nothing until you approve the rules card yourself. The rules you approve are yours, and you are responsible for them (sections 4.3 and 5.1).

14A.5 AI never places orders. The AI features never place, change or cancel an Order, never switch on an Account, a Strategy or a trading mode, and never change your Settings on their own. Our AI service plays no part in placing or managing Orders.

14A.6 No promise about accuracy or results. We don't promise that AI output is accurate, complete or suitable for you, or that rules drafted with it will make money or work as you intended. AI output is not advice or a recommendation (section 4). Replay and Practice-account results of any rules are simulated (section 8).

14A.7 Your content. What you send stays yours. You allow us, and our AI provider, to process it only to produce your reply, as the Privacy Notice describes. Send only material you have the right to share, and leave out other people's personal information.

15. Plans, payment and automatic renewal

15.1 Plans. Our plans are the free plan (the free download) and two monthly subscriptions, Pro and Operator. Their current prices and features are shown on our pricing page and at checkout; the price you agree to is the one shown when you subscribe. A feature the pricing page marks as coming soon, in testing or after acceptance testing isn't available yet, and no date is promised for it.

15.2 Automatic renewal. Monthly subscriptions renew automatically at the end of each billing period, at the price shown at checkout (plus any tax), and your payment method is charged at each renewal until you cancel.

15.3 How to cancel. You can cancel at any time, online, without contacting anyone, at [CUSTOMER PORTAL URL] (the link is also in the email we send when you subscribe). You can also email mastbound@washsaleguardian.com. Cancellation stops future charges. Your plan stays active until the end of the period you already paid for, then moves to the free plan.

15.4 Payment processing. Payments are processed by Stripe. We don't receive or store your full card number.

15.5 Price changes. We will email you between 7 and 30 days before a price change applies to your subscription, with how to cancel. You can cancel before it takes effect.

15.6 Failed payments. If a renewal payment fails, we may retry it, and we may move you to the free plan after 14 days. Mastbound Trader will not close your positions because of a payment problem.

15.7 Taxes. Prices don't include taxes unless stated. You pay any applicable sales, use or similar taxes.

16. Refunds

16.1 No refunds, except one. Payments are not refundable, including your first payment and renewals, except under section 16.2 or where the law requires a refund. You can try Mastbound Trader before you pay with the free plan on practice accounts. Cancelling (section 15.3) stops future charges; your plan stays active until the end of the period you already paid for.

16.2 The one exception: if it won't install. If Mastbound Trader won't install or connect on your computer and we can't fix it in one support session, we'll refund your most recent payment, whatever the date. Email mastbound@washsaleguardian.com.

16.3 Renewals. Renewal payments are not refundable (section 16.1). Cancel before your renewal date to avoid the next charge.

16.4 How a refund arrives. A refund goes back to the original payment method. Your bank usually shows it within about 5-10 business days.

16.5 Talk to us first. If you think a charge is wrong, please contact us before disputing it with your bank; we usually resolve it faster. Once a dispute is open, we can no longer refund the payment ourselves; your bank decides, which can take 2-3 months. If a payment is disputed (a "chargeback"), we may suspend the license tied to it while the dispute is open (section 10A.6).

16.6 A refund is the limit of payment remedies. A refund covers the fees you paid us. It never covers trading losses, Firm fees, evaluation or reset fees, or lost payouts.

17. Free plan and trials

The free plan and any trial may be changed or ended at any time. A trial license, if offered, lasts 7 days. If we ever offer a trial that converts to a paid subscription, we'll show the price, the date of the first charge and how to cancel before you start the trial, and we'll remind you before the first charge if the law requires it.

18. Updates, support and availability

18.1 We may release updates, fixes and new versions. Some may be required to keep using Mastbound Trader, for example to fix a safety problem.

18.2 We aim to answer support requests within 1 business day (Monday to Friday). With Operator, your requests are answered first (priority support), and a setup call is included: technical help with installing and connecting Mastbound Trader, as section 4.4 describes. With Pro or Operator, you can join live group setup sessions, also technical help only. We don't promise a seat in any particular session. We don't promise any uptime or availability of Mastbound Trader, our servers (including our license server) or our support.

18.3 We may stop offering Mastbound Trader or any feature. If we stop offering a paid plan you are subscribed to, we'll give you at least 30 days' notice and stop charging you for it from the day we give that notice; your plan keeps working until it ends.

19. Privacy

Our Privacy Notice explains what Mastbound Trader stores on your computer, what reaches us, and what we do with it.

20. Disclaimer of warranties

20.1 MASTBOUND TRADER IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS, AND YOU USE IT AT YOUR OWN RISK.

20.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

20.3 WITHOUT LIMITING THE ABOVE, WE DON'T WARRANT THAT MASTBOUND TRADER WILL BE ERROR-FREE OR UNINTERRUPTED, THAT IT WILL PLACE, CANCEL, MODIFY OR CLOSE ANY ORDER OR POSITION CORRECTLY OR ON TIME, THAT ITS SAFETY FEATURES WILL WORK, THAT FIRM INFORMATION IN IT IS ACCURATE OR CURRENT, OR THAT YOU WILL ACHIEVE ANY TRADING RESULT, PASS ANY EVALUATION OR RECEIVE ANY PAYOUT.

20.4 Some jurisdictions don't allow the exclusion of implied warranties, so some of these exclusions may not apply to you. In that case, implied warranties are limited to the shortest period the law allows.

20.5 In plain words: we sell Mastbound Trader as it is. We don't promise it will work every time, place every order right, or keep you inside your firm's rules.

21. Limitation of liability

21.1 NO INDIRECT LOSSES. SUBJECT TO SECTION 22, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OWNERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY OF THE FOLLOWING, HOWEVER CAUSED: TRADING LOSSES; LOST PROFITS OR LOST OPPORTUNITIES; MISSED, DUPLICATED, LATE OR MIS-PRICED ORDERS; FIRM EVALUATION, RESET, ACTIVATION OR DATA FEES; LOSS OR SUSPENSION OF ANY ACCOUNT; LOST OR REDUCED PAYOUTS; LOSS OF DATA; OR COSTS OF SUBSTITUTE SOFTWARE, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

21.2 CAP. SUBJECT TO SECTION 22, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO MASTBOUND TRADER OR THESE TERMS, TOGETHER, IS LIMITED TO THE AMOUNT YOU PAID US FOR MASTBOUND TRADER IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM, OR US$100, WHICHEVER IS GREATER.

21.3 These limits apply to every legal theory (contract, tort including negligence, strict liability, statute or otherwise), and even if a limited remedy fails of its essential purpose.

21.4 Why these limits exist. Our prices reflect these limits. Without them we couldn't offer Mastbound Trader at these prices, because trading losses can be much larger than any subscription fee.

21.5 In plain words: if something goes wrong, including a bug in Mastbound Trader, we don't pay trading losses, firm fees or lost payouts, and the most we'd owe you for everything together is what you paid us in the 3 months before, or $100 if that is more, except where the law says otherwise (section 22).

22. Where these limits may not apply

22.1 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including, where the law so provides, liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence, and rights you have under consumer-protection laws that can't be waived.

22.2 If the law that applies to you doesn't allow part of section 21 (for example, the exclusion of incidental or consequential damages, or the cap), that part applies to you only as far as that law allows, and the rest of section 21 still applies.

23. Indemnity

To the extent the law allows, you agree to defend, indemnify and hold harmless Wash-Sale Guardian LLC and its owners, members, officers, employees and contractors from claims, losses, liabilities, damages, costs and expenses (including reasonable lawyers' fees) brought by third parties (including Firms, brokers and Trading Platforms) that arise from: (a) your breach of these Terms; (b) your breach of any Firm's, broker's, Trading Platform's, exchange's or Third-Party Service's rules; (c) your Strategies, Settings or Orders; (d) your violation of law or of anyone's rights; or (e) anyone using your license key or copy of Mastbound Trader. This doesn't apply to the extent a claim results from our own breach of these Terms, fraud, gross negligence or willful misconduct. We'll tell you promptly about any claim. We may choose to handle the defense ourselves, and you'll cooperate with us.

24. Term and termination

24.1 These Terms apply from when you accept them until your license ends.

24.2 You can end them at any time by cancelling your subscription and uninstalling Mastbound Trader.

24.3 We can end or suspend your license: (a) immediately for a breach of section 11, for fraud, or for a chargeback; (b) on 7 days' notice for any other material breach you don't fix within that time; or (c) on 30 days' notice for any reason; we stop charging you from the day we give that notice, and your license keeps working until it ends.

24.4 When your license ends: you must stop using Mastbound Trader and delete it (cancelling a paid plan only moves you to the free plan, section 15.3); new paid sessions won't start, but a session that is already running isn't stopped by it, and Flatten & stop and your exits keep working (section 10A.5); your open positions and Orders at your broker remain your responsibility, and you can always close them in your Trading Platform or your Firm's or broker's app.

24.5 Sections 3.4, 4, 5.1, 6, 7, 8, 10.2, 11, 12, 13, 14A.4-14A.6, 16.6, 20-23, 24.4-24.5 and 26-29 survive termination.

25. Changes

25.1 To Mastbound Trader. We may change Mastbound Trader at any time. If a change materially reduces the core features of a paid plan you are on, we'll tell you by email or in the app, and you can cancel: no more charges after that.

25.2 To these Terms. We may update these Terms. For a material change, we'll give you at least 30 days' notice by email or in the app, and ask you to accept the new version in the app before your next live session. If you don't accept, you can cancel, and the previous version continues to apply until your current paid period ends. Changes don't apply to disputes that arose before the change took effect.

26. Disputes

26.1 Talk to us first. Before starting any claim, send a written notice to mastbound@washsaleguardian.com with your name, your license ID, what happened and what you want. We'll try to resolve it informally for 30 days. Any deadline for starting a claim is paused during those 30 days.

26.2 Small claims. Either of us may bring an individual claim in small-claims court if it qualifies.

26.3 Courts. Any other dispute arising out of or relating to Mastbound Trader or these Terms will be decided by the courts named in section 27.

26.4 Injunctions. Either of us may ask a court for an injunction to stop infringement, misuse or a breach of section 11, section 13 or intellectual-property rights.

27. Governing law and courts

These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-laws rules. Subject to section 26.2, the state and federal courts in [COUNTY], Florida have exclusive jurisdiction, and you and we consent to them. This choice of law doesn't take away protections you have under the mandatory consumer laws of the place where you live.

28. Export and sanctions

You must comply with U.S. export-control and sanctions laws. You may not use Mastbound Trader in, or export it to, any country or person that those laws prohibit.

29. General

29.1 Entire agreement. These Terms, together with the Privacy Notice, the Risk Disclosure, and anything you accept in the app (such as a Live-account confirmation), are the entire agreement between you and us about Mastbound Trader and replace any earlier agreements, statements or marketing about it. If they conflict, these Terms control, except that a more specific in-app confirmation controls for the Account it covers.

29.2 Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent possible (or limited to the minimum extent necessary), and the rest stays in effect.

29.3 No waiver. If we don't enforce a right, we haven't waived it.

29.4 Assignment. You may not transfer these Terms or your license without our written consent. We may transfer them to an affiliate or to a buyer of our business, and will tell you if we do.

29.5 Events outside our control. We are not responsible for delays or failures caused by events beyond our reasonable control, including market events, exchange halts, outages of Third-Party Services, internet or power failures, cyberattacks, natural disasters and acts of government.

29.6 Electronic communications. You agree that we can give you notices, disclosures and agreements electronically (by email to the address on your account, or in the app), and that they satisfy any requirement that they be in writing. Keep your email address current.

29.7 Relationship. You and we are independent parties. These Terms create no partnership, agency, fiduciary, advisory or employment relationship.

29.8 No third-party beneficiaries. Except for the people named in sections 21 and 23, nobody else has rights under these Terms.

29.9 Feedback. If you send us suggestions, we may use them without any obligation to you.

29.10 Headings and language. Headings are for convenience only. "Including" means "including without limitation". If we provide a translation, the English version controls.

30. Contact

Wash-Sale Guardian LLC · [ADDRESS] · mastbound@washsaleguardian.com · mastbound.washsaleguardian.com