Release of Liability & Customer Agreement

“D&S,” “we,” “us,” or “our” means D&S Trading Maven and its owners, members, officers, employees, contractors, affiliates, successors, and assigns. “You,” “Customer,” or “User” means the individual or entity accepting this Agreement. “Products” means the automated NinjaTrader® strategies named above and any related templates, presets, documentation, files, and updates.

The Products are provided for educational and software-use purposes only. Nothing provided by D&S is financial, investment, tax, legal, or trading advice, or a recommendation or solicitation to buy or sell any futures contract or other instrument. You are solely responsible for your own trading decisions.

Subject to your compliance with this Agreement and payment of all applicable fees, D&S grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Products for your own individual trading, on the number of accounts and machines permitted by your purchase. The Products are licensed, not sold, and you receive no ownership interest in them. The license is granted to the original purchaser only and may not be sold, assigned, transferred, leased, shared, or otherwise made available to any other person or entity. You may not share, publish, or distribute any license key, activation credential, or machine authorization.

The Products — including all software, code, NinjaScript, algorithms, parameters, templates, presets, documentation, designs, and related materials, and all intellectual property rights in them — are and remain the exclusive property of D&S and its licensors. Except for the limited license granted above, no rights are transferred to you. You agree that you will not, and will not permit any third party to: copy, reproduce, republish, distribute, resell, rent, lease, or sublicense the Products; share or provide access to the Products; reverse engineer, decompile, disassemble, or attempt to derive the source code, logic, or underlying parameters of the Products; modify, adapt, translate, or create derivative works from the Products; remove or alter any proprietary notices; or use the Products to develop, train, or operate a competing product. Any unauthorized use immediately terminates your license.

D&S may suspend, revoke, disable, or terminate your license and your access to the Products, in whole or in part, immediately and without refund, if: (a) you initiate a chargeback, payment reversal, or payment dispute, or fail to pay any amount due; (b) D&S suspects fraud, unauthorized access, or abuse; (c) you share, transfer, resell, or distribute the Products or any license credential; (d) you breach this Agreement or any applicable law or third-party terms; or (e) D&S is required to do so by law or by a third-party platform or provider. Suspension or revocation does not entitle you to any refund and does not limit any other remedy available to D&S.

D&S may, at any time and without notice or liability, update, modify, enhance, suspend, discontinue, replace, or remove any Product or any feature, parameter, preset, or setting. D&S is under no obligation to provide updates, upgrades, maintenance, or support, or to maintain compatibility with any platform, broker, data provider, or futures contract. Your continued use of a Product after a change takes effect constitutes your acceptance of the change.

Futures trading involves substantial risk.

Trading futures involves substantial risk and is not suitable for every investor. You may lose some, all, or more than your initial investment.

You acknowledge that you can afford to lose any funds you place at risk and that you alone bear responsibility for those losses.

Any performance information relating to the Products — including backtested, simulated, or hypothetical results — should be considered hypothetical unless otherwise indicated and is subject to the disclosures required by NFA Rule 2-29(c) and CFTC Rule 4.41. Hypothetical and simulated results have inherent limitations, do not represent actual trading, and are not a guarantee of future results. No representation is made that any account will or is likely to achieve profits or losses similar to those shown.

You understand that automated strategies can fail or behave unexpectedly due to, among other things: market conditions and volatility; gaps, slippage, and partial fills; platform, software, or NinjaScript errors; data-feed errors, delays, or outages; internet, hardware, or power failures; order-routing or brokerage issues; incorrect settings or configuration; position scaling or “laddering” that increases exposure; and contract expiration or rollover. You are responsible for monitoring the Products and your account at all times while a strategy is enabled.

D&S does not guarantee any particular result, profit, income, or performance. Past performance, hypothetical performance, and backtested results are not guarantees of future performance.

You agree to: (a) test each Product on a simulation account (e.g., Sim101) before live or funded use; (b) confirm the correct instrument, contract month and rollover, chart, account, quantity, and risk settings; (c) adjust contract size and risk to your own account size and risk tolerance; (d) confirm that your broker, exchange, and any prop-firm or evaluation program permit automated strategies and your intended position size; and (e) comply with all applicable rules, laws, and regulations.

If you use a Product with a prop-firm, evaluation, or funded account, you are solely responsible for confirming that automated strategies are permitted and for complying with all program rules, which can change and may differ between evaluation, funded, performance, and live accounts — including drawdown limits, daily loss limits, position-size limits, consistency rules, and prohibited practices.

NinjaTrader® is a registered trademark of NinjaTrader Group, LLC. Kinetick® is a registered trademark of Kinetick, Inc. D&S Trading Maven is an introducing partner and is not affiliated with, endorsed by, or acting on behalf of NinjaTrader or Kinetick. The Products are not owned, endorsed, approved, or sponsored by NinjaTrader or Kinetick, and those parties are not responsible for the Products.

The Products depend on third-party platforms, brokers, and data providers over which D&S has no control, and D&S is not responsible for their acts, omissions, errors, outages, or fees.

The Products are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. D&S does not warrant that the Products will be uninterrupted, error-free, or secure, or that they will meet your requirements or produce any result.

You knowingly and voluntarily assume all risks associated with accessing, purchasing, downloading, installing, configuring, and using the Products and with trading futures generally, whether or not such risks are described in this Agreement.

To the maximum extent permitted by applicable law, you hereby release, waive, discharge, and covenant not to sue D&S and its owners, members, officers, employees, contractors, affiliates, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims, demands, causes of action, losses, damages, liabilities, costs, and expenses (including attorneys’ fees) of any kind, whether known or unknown, arising out of or relating to your access to or use of the Products, your trading activity, or this Agreement — including any and all trading losses.

This release does not apply to any liability that cannot be waived or limited under applicable law (for example, in many jurisdictions liability for fraud, gross negligence, or willful misconduct cannot be released).

To the maximum extent permitted by law, the Released Parties will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost data, or trading losses, arising out of or relating to the Products — even if advised of the possibility of such damages. To the maximum extent permitted by law, the Released Parties’ total aggregate liability for any claim arising out of or relating to the Products or this Agreement will not exceed the amount you paid to D&S for the Product giving rise to the claim in the 12 months preceding the claim.

You agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Products, your trading activity, your violation of this Agreement, or your violation of any law or third-party right.

This Agreement is governed by the laws of the State of Nevada, without regard to conflict-of-laws principles.

Mandatory arbitration. Any dispute, claim, or controversy arising out of or relating to the Products or this Agreement — including its formation, interpretation, breach, termination, or enforceability — shall be resolved exclusively by final and binding arbitration, rather than in court, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Arbitration Rules, as applicable) then in effect. The arbitration shall be seated in Clark County, Nevada (Las Vegas) and may be conducted by videoconference where the rules permit. The arbitrator’s award is final and binding and may be entered as a judgment in any court of competent jurisdiction. This Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

Jury and class-action waiver. To the maximum extent permitted by law, you and D&S waive any right to a trial by jury and agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding.

Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or equitable relief in the state or federal courts located in Clark County, Nevada to protect its intellectual property or confidential information, or to compel arbitration or enforce an award. You consent to personal jurisdiction and venue in those courts for such matters.

If any provision of this Agreement is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

This Agreement, together with any documentation provided with the Products, is the entire agreement between you and D&S regarding the Products and supersedes all prior agreements or understandings.

All sales are final. To the maximum extent permitted by applicable law, all fees and payments for the Products are non-refundable, and you are not entitled to any refund, credit, exchange, or chargeback, in whole or in part, for any reason — including dissatisfaction with the Products, trading losses, failure to use the Products, or any inability to use the Products with your broker, platform, data provider, or prop-firm. Because the Products are delivered as digital goods, you waive any right to a refund upon delivery or download.

By typing your full legal name and selecting “I Agree,” you (a) consent to transact electronically and to the use of electronic records and signatures; (b) agree that typing your name constitutes your electronic signature and has the same legal effect as a handwritten signature; and (c) acknowledge that D&S will record and retain your full name, the date and time of acceptance, your IP address, and the version of this Agreement accepted, as evidence of your agreement. You represent that you are at least 18 years old and legally able to enter into this Agreement.