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DISCLAIMER

Trade Manager, Inc. ("Trade Manager")
Last Updated: January 2025

CRITICAL RISK WARNING: Trading financial instruments (stocks, options, futures, crypto) involves substantial risk and is not suitable for all individuals. You may lose some or all of your invested capital, and in some cases, losses may exceed your initial deposit. Only risk capital should be used for trading. Past performance is not indicative of future results.

1) General Terms; Acceptance

By using or accessing this website, applications, APIs, webhooks, software, Discord community, or related services (collectively, the "Site"), you agree that:

you have received, read, and understood this Disclaimer and any related Terms & Conditions, and that they form a valid and binding agreement;
you will be bound by this Disclaimer and any additional rules, policies, or guidelines that may be posted or updated from time to time; and
your use of the Site will comply with all applicable federal, state, and local laws and regulations, and you are solely responsible for understanding and complying with them.

If you do not agree, you are prohibited from using or accessing the Site.

2) Technology Platform Only; No Registration

Trade Manager operates solely as a technology platform facilitating automation, execution routing, forward testing, performance tracking, and account/strategy management. Trade Manager does not provide brokerage services, investment advisory services, commodity trading advisory services, or financial services.

Trade Manager does not:

execute trades as a broker,
accept or hold customer funds,
provide personalized investment advice or recommendations,
act as a fiduciary,
operate as a broker-dealer, registered investment adviser (RIA), commodity trading advisor (CTA), or commodity pool operator (CPO).

All trading activity executed using Trade Manager is conducted by the user through third-party brokers or exchanges selected and authorized by the user.

3) No Investment Advice; No Recommendations

Trade Manager does not solicit, recommend, endorse, or otherwise influence the selection of any security, futures contract, option, cryptocurrency, strategy, timeframe, or trading methodology.

Any information, dashboards, analytics, performance metrics, educational content, community discussions, examples, or strategy configurations are provided for informational and educational purposes only and are not investment advice, trading advice, or a solicitation to buy or sell any financial instrument.

You assume full responsibility for all trading decisions, including strategy selection, configuration, sizing, risk settings (stop losses, take profits, contract sizes, limits), and monitoring.

4) Third-Party Brokers, Exchanges, and Data Providers

Trade Manager may integrate with third-party brokers, exchanges, liquidity providers, clearing firms, and/or market data providers (collectively, "Third-Party Providers"). Trade Manager does not own, control, or guarantee the services of any Third-Party Provider.

Trade Manager disclaims all liability for:

execution failures, rejected orders, partial fills, or unintended order placement,
slippage, mispricing, incorrect quotes, or data inaccuracies,
latency, outages, downtime, API failures, or broker-side errors,
account restrictions, margin calls, liquidation, or regulatory restrictions applied by a Third-Party Provider.

By using Trade Manager, you agree not to hold Trade Manager liable for losses arising from Third-Party Provider failures, account restrictions, or disputes between you and your broker or exchange.

5) Risk Disclosure

Trading financial instruments involves substantial risk and is not suitable for all individuals. You may lose some or all of your invested capital and, in some cases, losses may exceed your initial deposit.

Only risk capital should be used for trading. Past performance is not indicative of future results. No representation is made that any user will achieve profits or avoid losses.

5.1 Asset Classes Covered

This disclaimer applies to trading in all asset classes, including but not limited to:

Stocks: Equities, shares, and related securities
Options: Calls, puts, spreads, and multi-leg strategies (including assignment, exercise, expiration, and margin risks)
Futures: Futures contracts and related derivatives
Cryptocurrency: Digital assets and crypto derivatives

5.2 Options-Specific Risks

When trading options through Trade Manager:

Assignment and exercise risks are your responsibility and governed by your broker, not Trade Manager
Early exercise issues and related losses are your responsibility
Spread or multi-leg execution problems may occur and are your responsibility
Margin requirements and margin calls are governed by your broker
Trade Manager is insulated from assignment losses, early exercise issues, and spread execution problems

6) Hypothetical / Simulated / Forward-Tested Performance

COMMODITY FUTURES TRADING COMMISSION (CFTC) RULE 4.41:

Hypothetical, simulated, or forward-tested results have inherent limitations. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. Simulated results do not represent actual trading and may not reflect the impact of liquidity, slippage, latency, execution quality, market conditions, and psychological factors. There are numerous factors related to markets and implementation that cannot be fully accounted for, all of which may adversely affect actual results.

Any performance metrics, backtests, forward tests, or hypothetical results displayed on the Site are for informational purposes only and do not guarantee future performance. Past performance is not indicative of future results.

7) Automation & Technology Risks

Automation may amplify both profits and losses. Automated trading involves risks including, but not limited to:

strategy misconfiguration, software bugs, or user error,
network failure, internet outages, server issues, webhook delivery failures,
latency, partial fills, slippage, exchange halts, and rapid volatility,
broker or exchange downtime, API rate limiting, credential failures.

Trade Manager does not guarantee system availability, uninterrupted service, execution speed, or execution price. You are responsible for monitoring your accounts and positions at all times.

You accept risks from automation failures, misconfiguration, webhook issues, latency, volatility spikes, and any other technology-related issues. Trade Manager is protected from claims related to automation failures or "the bot blew my account" scenarios.

8) User Representations and Responsibilities

By using the Site, you represent and warrant that you:

are at least eighteen (18) years of age;
are not prohibited from using the Site under applicable law;
have the authority to enter into and comply with this Disclaimer;
will maintain the security of your devices, credentials, and brokerage access; and
understand you are solely responsible for your trading decisions and results.

9) Prohibited Uses

You agree not to:

misuse the Site, attempt to reverse engineer, scrape, or disrupt the platform,
access the Site via unauthorized automated means,
transmit malware, spam, or abusive content,
use the Site in violation of securities or commodities laws or exchange rules,
misrepresent Trade Manager's services or claim Trade Manager guarantees profits,
share or request other users' sensitive personal information.

Violations may result in immediate suspension or termination without refund, to the maximum extent permitted by law and your subscription terms.

10) No Warranties; "As Is"

The Site is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Trade Manager does not warrant that the Site will be uninterrupted, timely, secure, error-free, or that results obtained will meet your expectations.

11) Limitation of Liability

To the maximum extent permitted by law, Trade Manager shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, or business interruption, arising out of or related to your use of the Site or any Third-Party Providers.

To the maximum extent permitted by law, Trade Manager's total liability for any claim shall not exceed the greater of:

the amount you paid to Trade Manager in the three (3) months prior to the event giving rise to the claim, or
$250.

This limitation applies regardless of the theory of liability (contract, tort, negligence, or otherwise) and even if Trade Manager has been advised of the possibility of such damages.

12) Indemnification

You agree to indemnify and hold harmless Trade Manager, its officers, directors, employees, contractors, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

your use of the Site,
your violation of this Disclaimer or the Terms,
your violation of any law, regulation, or Third-Party Provider rules, or
your trading activity and outcomes.

13) Governing Law; Venue; Arbitration; Class Action Waiver (Texas)

This Disclaimer is governed by the laws of the State of Texas, without regard to conflict-of-law principles.

13.1 Arbitration & Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to the Site or this Disclaimer shall be resolved by binding individual arbitration (not class-wide) administered in Texas, except that either party may seek injunctive relief in a court of competent jurisdiction to prevent unauthorized use or misuse of intellectual property or to address security abuses.

You and Trade Manager agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

This arbitration provision prevents class lawsuits and mass arbitration campaigns.

14) Updates

Trade Manager may update this Disclaimer from time to time. Material changes will be communicated through:

Email notification (for significant changes)
Prominent notice on our platform
Updated "Last Updated" date

Continued use of the Site constitutes acceptance of the updated version.

15) Contact

Questions about this Disclaimer:

For general inquiries, please visit our homepage or contact customer support.