Terms of Service

Last updated: [DATE TO BE SET AT PUBLICATION]

These Terms of Service ("Terms") form a legally binding agreement between you ("you" or "User") and TrackyTrade LLC, a Connecticut limited liability company with its principal office at 2389 Main St. STE 100, Glastonbury, CT 06033, USA ("TrackyTrade," "we," "us," or "our"), governing your access to and use of the TrackyTrade software application, the trackytrade.com website, and all related services (collectively, the "Service").

By creating an account, downloading or installing the TrackyTrade software, subscribing to the Service, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. About TrackyTrade

TrackyTrade is a downloadable journaling and analytics software application for futures traders. The Service helps users record, review, and analyze their own completed trading activity. The Service operates primarily as a local-first application, meaning trade data is processed and stored on the user's own device.

2. Eligibility

To use the Service, you must:

• Be at least 18 years of age;
• Have the legal capacity to enter into a binding contract in your jurisdiction;
• Not be barred from receiving the Service under the laws of the United States or any other applicable jurisdiction;
• Provide accurate and complete information when subscribing to the Service.

3. License Grant and Software Use

Subject to your compliance with these Terms and timely payment of all applicable subscription fees, TrackyTrade grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the TrackyTrade software for your personal, non-commercial use on devices you own or control.

3.1 License Restrictions

You may not:

• Copy, modify, adapt, translate, or create derivative works of the TrackyTrade software;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the software, except to the limited extent permitted by applicable law;
• Sell, lease, license, sublicense, distribute, or otherwise transfer the software to any third party;
• Remove or alter any proprietary notices, labels, or marks on the software;
• Use the software to develop a competing product or service;
• Share your subscription credentials or allow multiple users to access the Service under a single subscription;
• Use any automated means (including bots, scrapers, or scripts) to access the Service except through documented and authorized APIs;
• Attempt to circumvent any technical limitations, license validation mechanisms, or access controls of the Service.

3.2 Termination of License

Your license to use the TrackyTrade software is contingent on an active, paid subscription. Upon expiration or termination of your subscription for any reason, your license to use the software automatically terminates and you must cease using the software. You may retain locally-stored data on your own device; we have no ability to delete or access data stored locally on your device.

4. Subscriptions, Fees, and Payment

4.1 Subscription Plans

The Service is offered on a subscription basis. Subscription plans, pricing, and features are described on our pricing page at trackytrade.com. Current subscription options include monthly and annual billing cycles. Prices are subject to change with at least 30 days' notice to existing subscribers; price changes apply only to renewal periods, not to your current paid term.

4.2 Free Trial

We may offer a free trial period (currently 7 days) during which you may use the Service without payment. No credit card or payment method is required to begin a free trial. At the end of the trial, you may choose to subscribe; if you do not subscribe, your access to the Service ends but your locally-stored data remains on your device.

4.3 Merchant of Record

Paddle.com Inc. and Paddle.com Market Limited (collectively, "Paddle") serve as the Merchant of Record for all transactions through the Service. This means Paddle is the legal seller for your subscription, handles all payment processing, manages tax calculation and remittance, and administers refunds and chargebacks on our behalf. When you subscribe, you are entering a transaction with Paddle for the right to access the Service. Paddle's Buyer Terms and Conditions and Privacy Policy apply to the payment transaction itself and can be reviewed at paddle.com/legal.

4.4 Recurring Billing and Automatic Renewal

Subscriptions automatically renew at the end of each billing cycle (monthly or annual, as applicable) using the payment method on file with Paddle. You authorize Paddle to charge your payment method for each renewal period until you cancel.

4.5 Cancellation

You may cancel your subscription at any time through Paddle's customer portal (a link to which is provided in your subscription confirmation email and in subsequent receipts). Upon cancellation:

• Your subscription will not renew at the next billing cycle;
• You retain access to the Service through the end of your current paid billing period;
• No further charges will be made to your payment method;
• No prorated refund is issued for the unused portion of the current billing period (except as provided in our Refund Policy).

4.6 Refunds

Refunds are governed by our Refund Policy, which is incorporated into these Terms by reference. In summary, we offer a 7-day money-back guarantee from the date of purchase; refunds requested after this window are not available except where required by applicable law.

4.7 Taxes

Subscription fees do not include any taxes that may apply in your jurisdiction. Paddle, as Merchant of Record, calculates and collects any applicable sales tax, VAT, GST, or similar taxes and remits them to the appropriate authorities.

5. Account and Authentication

The Service uses your subscription email address as your unique identifier. TrackyTrade does not maintain separate usernames or passwords for the Service. Your access is authenticated by verifying your active subscription with Paddle. You are responsible for maintaining the security of the email account associated with your subscription and for any activity under your subscription.

6. Broker and Platform Integrations

6.1 NinjaTrader 8 Integration

The Service includes a NinjaScript indicator ("TrackyTradeSync") that you may install in your NinjaTrader 8 installation to enable local synchronization of trade data between NinjaTrader and TrackyTrade. This integration operates entirely on your local machine; no trade data is transmitted to TrackyTrade's servers as part of this process. You are solely responsible for your relationship with NinjaTrader, LLC and for compliance with NinjaTrader's terms of service.

6.2 Tradovate Integration (Coming Soon)

TrackyTrade plans to introduce Tradovate API integration as a future feature. When introduced, this integration will use the OAuth 2.0 protocol, allowing you to authorize TrackyTrade to read trade data from your Tradovate account. OAuth access tokens will be stored locally on your device and will not be transmitted to TrackyTrade's servers. You may revoke this authorization at any time through your Tradovate account settings. You are solely responsible for your relationship with Tradovate (a subsidiary of NinjaTrader, LLC) and for compliance with Tradovate's terms of service.

6.3 No Trade Execution

None of TrackyTrade's broker integrations execute, place, modify, or cancel orders on any broker platform. The integrations are exclusively for the purpose of reading completed trade data into your local TrackyTrade installation for personal analysis.

7. AI-Assisted Trade Review

The Service may include optional AI-assisted features that allow you to receive automated analysis of your trading activity. These features operate using your own Anthropic API key, which you provide.

How it works:

• You obtain your own API key from Anthropic, PBC ("Anthropic");
• You enter your API key into TrackyTrade, where it is stored locally on your device;
• When you use AI features, TrackyTrade sends relevant trade data directly from your device to Anthropic's API using your key;
• Trade data sent to Anthropic does not pass through TrackyTrade's servers;
• Your relationship with Anthropic, including their use of any data transmitted, is governed solely by Anthropic's own terms and privacy policy.

TrackyTrade LLC is not a party to your relationship with Anthropic. TrackyTrade does not control, process, or receive any data transmitted to Anthropic. You should review Anthropic's terms before using these features at anthropic.com/legal.

8. Prop Firm Rule Monitoring

The Service may include features that estimate your standing relative to common prop firm trading rules (such as trailing drawdown limits, consistency rules, and daily loss limits). These features are informational estimates only.

If you believe TrackyTrade's rule monitoring is inaccurate for your prop firm, please contact us at [email protected] so we can review.

9. Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with these Terms. You agree not to:

• Use the Service in violation of any applicable law, regulation, or third-party right;
• Use the Service to journal trading activity that was itself unlawful, fraudulent, or in violation of broker or prop firm terms;
• Attempt to gain unauthorized access to the Service, our servers, or any account other than your own;
• Interfere with or disrupt the Service or any servers or networks connected to the Service;
• Introduce viruses, malware, or other malicious code into the Service;
• Use the Service to harass, harm, or violate the rights of any other person;
• Resell, sublicense, or commercially redistribute access to the Service;
• Use the Service to develop a competing product or as part of an evaluation conducted on behalf of a competitor.

10. Intellectual Property

The Service, including all software, source code, designs, graphics, text, logos, the TrackyTrade name and brand, the TrackyTradeSync indicator, documentation, and all other materials provided as part of the Service, is the exclusive property of TrackyTrade LLC and its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

These Terms grant you only the limited license described in Section 3. No other rights are granted, whether by implication, estoppel, or otherwise. All rights not expressly granted are reserved.

10.1 Feedback

If you provide us with suggestions, feedback, ideas, or recommendations regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that Feedback into the Service without obligation to you.

10.2 Your Data

You retain all rights to your trading data and other content created or stored locally by you through your use of the Service. TrackyTrade does not claim ownership of your trading data, your journal entries, your trade notes, or any other content you create. Because the Service operates locally on your device, we do not have access to or possess your trading data unless and until you affirmatively transmit it to us (for example, by attaching it to a support email or, in the future, by opting into a cloud-backup feature should one become available).

11. Third-Party Services

The Service relies on third-party services for certain functionality. Your use of these third-party services is governed by their own terms and policies, not by TrackyTrade. TrackyTrade is not responsible for the acts, omissions, content, or policies of any third-party service. Currently, the Service relies on:

• Paddle.com Inc. — Merchant of Record for all subscription payments;
• Cloudflare, Inc. — for website hosting, content delivery, bot protection (Cloudflare Turnstile), and license validation infrastructure;
• Anthropic, PBC — for optional AI-assisted features, when used with your own API key;
• NinjaTrader, LLC — for trade data sourced from your NinjaTrader 8 installation (read locally, not via NinjaTrader's servers);
• Tradovate — for trade data sourced from your Tradovate account when the Tradovate integration is released (Phase 2);
• Google LLC — for the Google Fonts service used to display fonts on trackytrade.com.

12. Disclaimer of Warranties

12.1 Not Financial Advice

TrackyTrade LLC is not a registered investment advisor, broker-dealer, commodity trading advisor, commodity pool operator, futures commission merchant, introducing broker, or financial professional of any kind. TrackyTrade LLC is not registered with, regulated by, or licensed by the U.S. Securities and Exchange Commission (SEC), the U.S. Commodity Futures Trading Commission (CFTC), the National Futures Association (NFA), the Financial Industry Regulatory Authority (FINRA), or any other financial regulatory authority in the United States or elsewhere.

Nothing on the trackytrade.com website, in the TrackyTrade software, in any communication from TrackyTrade LLC, or in any AI-generated output produced by the Service constitutes:

• Investment advice;
• Trading advice;
• Financial, tax, or legal advice;
• A recommendation to buy, sell, or hold any security, futures contract, option, or other financial instrument;
• A solicitation to engage in any trading activity;
• An offer to manage funds.

12.2 Risk of Trading

Trading futures, options, securities, and other financial instruments involves substantial risk of loss and is not suitable for all investors. Past performance, whether reflected in your TrackyTrade journal, in marketing materials, or elsewhere, is not indicative of future results. You may lose some, all, or more than the amount of your invested capital. You are solely responsible for any and all trading decisions you make and any losses you incur. By using the Service, you acknowledge and accept these risks.

13. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the above limitations apply to the maximum extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless TrackyTrade LLC, its members, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right (including any broker or prop firm agreement); or (d) any trading decisions you make or losses you incur in connection with your trading activity.

15. Suspension and Termination

15.1 By You

You may terminate your relationship with TrackyTrade at any time by canceling your subscription through Paddle and uninstalling the software from your devices.

15.2 By Us

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe that you have breached these Terms, that your account is being used unlawfully or fraudulently, or that continued provision of the Service to you would expose TrackyTrade to legal or reputational risk. We will, where reasonably feasible, refund any prepaid fees for subscription periods not yet used in the case of termination not based on your breach.

15.3 Effect of Termination

Upon termination, your license to use the software ends and you must stop using and uninstall the software. Sections of these Terms that by their nature should survive termination (including without limitation Sections 10, 12, 13, 14, 17, and 18) will survive.

16. Changes to the Service or These Terms

We may modify, suspend, or discontinue any feature or aspect of the Service at any time. We will make reasonable efforts to notify you of material changes that adversely affect your use of the Service.

We may update these Terms from time to time. If we make material changes, we will provide notice via email (to the address associated with your subscription) or through the Service or website at least 14 days before the changes take effect. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the revised Terms.

17. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved through good-faith informal discussion will be brought exclusively in the state or federal courts located in Hartford County, Connecticut, and you consent to the personal jurisdiction of those courts. You and TrackyTrade each waive any right to a jury trial in any such proceeding.

If you reside in a jurisdiction whose laws prohibit the foregoing forum-selection clause (for example, certain consumer-protection regimes in the European Union or United Kingdom), the forum-selection clause does not apply to you to the extent prohibited, but the choice of Connecticut law continues to apply to the maximum extent permitted.

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and Cookie Policy, constitute the entire agreement between you and TrackyTrade LLC regarding the Service and supersede any prior agreements or communications.

18.2 Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

18.3 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

18.5 Relationship of the Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and TrackyTrade LLC.

18.6 Notices

We may provide notices to you by email to the address associated with your subscription, by posting notices through the Service, or by posting notices to trackytrade.com. You may provide notices to us at [email protected] or by mail to the address in Section 19.

18.7 Export and Sanctions Compliance

You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or sanctions, and you are not on any U.S. government list of restricted persons. You agree to comply with all applicable U.S. and international export control and sanctions laws in your use of the Service.

19. Contact Us

For general questions about these Terms or the Service:

TrackyTrade LLC
2389 Main St. STE 100
Glastonbury, CT 06033, USA
Email: [email protected]

For formal legal notices, privacy requests, or other legal matters:

Email: [email protected]