Version 3.1 — Last updated: 28 August 2026
Reading copy. The operative text is the one displayed by the installer, from which this page is generated.
THE MILLENNIUM FALCON ("THREEPIO") END USER LICENCE AGREEMENT, RISK DISCLOSURE, PERFORMANCE DISCLAIMER AND LIMITATION OF LIABILITY
Version 3.1 — Last updated: 28 August 2026 Supersedes all prior versions, including v3.0 (same date) and the version dated 16 August 2026.
THIS IS A LEGALLY BINDING CONTRACT. BY TICKING "I ACCEPT", BY ENTERING OR ACTIVATING A LICENCE KEY, BY INSTALLING, COPYING, ACCESSING OR USING THE SOFTWARE, OR BY RETAINING THE SOFTWARE BEYOND THE POINT OF FIRST LAUNCH, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO EVERY PROVISION OF THIS AGREEMENT, INCLUDING IN PARTICULAR THE RISK DISCLOSURES IN SECTION 4, THE PERFORMANCE DISCLAIMERS IN SECTION 5, THE DISCLAIMER OF WARRANTIES IN SECTION 14, THE LIMITATION AND EXCLUSION OF LIABILITY IN SECTION 15, THE RELEASE AND ASSUMPTION OF RISK IN SECTION 16, THE INDEMNITY IN SECTION 17, AND THE DISPUTE RESOLUTION, CLASS ACTION WAIVER AND LIMITATION PERIOD IN SECTION 24.
IF YOU DO NOT AGREE TO ALL OF IT, DO NOT INSTALL, ACTIVATE OR USE THE SOFTWARE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISAGREEMENT WITH ANY PART OF THIS AGREEMENT IS TO REFRAIN FROM INSTALLING, ACTIVATING OR USING THE SOFTWARE.
YOUR RIGHT TO CANCEL — PLEASE READ THIS PART EVEN IF YOU READ NOTHING ELSE
The Software is digital content supplied online. If you are a consumer, you normally have 14 days to cancel a contract made at a distance and receive a refund.
BY ACCEPTING THIS AGREEMENT AND CONTINUING WITH THE INSTALLATION, YOU EXPRESSLY REQUEST THAT SUPPLY OF THE SOFTWARE BEGIN IMMEDIATELY, AND YOU ACKNOWLEDGE THAT YOU WILL THEREBY LOSE YOUR RIGHT TO CANCEL ONCE SUPPLY HAS BEGUN. This is the consent described in section 11.2a.
YOU DO NOT HAVE TO GIVE THIS CONSENT. If you would rather keep your cancellation right, stop here: close this installer, do not proceed, and contact us instead. Nothing is lost by stopping — your licence key remains valid and you may install later.
Until you accept, your cancellation right is unaffected and you may cancel for a refund. Nothing in this Agreement removes a statutory right you have not knowingly given up, and nothing in it affects your rights in respect of digital content that is faulty, not as described, or not fit for purpose.
THE SOFTWARE IS A RESEARCH AND EXECUTION TOOL. IT IS NOT AN INVESTMENT PRODUCT, NOT A MANAGED ACCOUNT, NOT A SIGNAL SERVICE SOLD ON PERFORMANCE, NOT A SECURITY, AND NOT A PROMISE OF PROFIT. TRADING LEVERAGED INSTRUMENTS CAN CAUSE LOSSES THAT EXCEED YOUR DEPOSITED FUNDS. MOST RETAIL ACCOUNTS THAT TRADE LEVERAGED PRODUCTS LOSE MONEY. YOU MAY LOSE EVERYTHING YOU PUT IN, AND, WITH CERTAIN INSTRUMENTS AND ACCOUNT TYPES, MORE THAN YOU PUT IN.
1.1 In this Agreement the following terms have the following meanings:
"Agreement" means this End User Licence Agreement, Risk Disclosure, Performance Disclaimer and Limitation of Liability, together with any document expressly incorporated by reference into it.
"Developer" means Aston Gill, trading as Aston Gill Trading, together with his successors, assigns, affiliates, contractors, agents, licensors, suppliers, officers, employees, representatives and any person or entity involved in the creation, authoring, development, compilation, testing, distribution, hosting, sale, marketing, support or maintenance of the Software (each an "Indemnified Person" for the purposes of sections 15, 16 and 17).
"Software" means The Millennium Falcon, marketed under the name "Threepio", in object or executable form, including its installer, launcher, embedded runtimes, models, configuration files, market configurations, strategy definitions, knowledge cards, research corpus, databases, user interface, documentation, updates, upgrades, patches, hotfixes and any component or derivative of any of them.
"Licence Key" means the alphanumeric credential issued to you which authorises activation and use of the Software.
"You" or "Licensee" means the individual natural person who acquired the Licence Key, and no other person.
"Connected Account" means any brokerage, futures commission merchant, proprietary trading firm, exchange, spread betting, contract-for-difference, demonstration, simulated, evaluation or other trading account to which you connect the Software, whether directly or through any Third-Party Platform.
"Third-Party Platform" means any software, service, application programming interface, data feed, gateway, bridge or infrastructure not authored by the Developer, including without limitation NinjaTrader 8, MetaTrader 4, MetaTrader 5, MultiCharts, Tradovate, Interactive Brokers, any cryptocurrency exchange, any market data vendor, any virtual private server provider, any operating system, and any proprietary trading firm's platform or risk engine.
"Output" means any signal, order, backtest, statistic, report, journal entry, chart, projection, strategy, code export, recommendation, or other information produced, displayed, transmitted or exported by the Software.
"Trading Losses" means any loss, cost, charge, fee, commission, spread, slippage, financing cost, swap, tax, penalty, margin call, forced liquidation, account closure, account reset, denied or clawed-back payout, failed evaluation, lost profit, lost opportunity, lost capital, or diminution in the value of any account or asset, however arising.
1.2 Headings are for convenience only and do not affect interpretation. The words "including", "includes", "in particular", "for example" and "such as" are illustrative and do not limit the generality of the words preceding them, and shall be read as if followed by the words "without limitation". The singular includes the plural and vice versa. A reference to a statute includes its subordinate legislation and any amendment, re-enactment or replacement of it. A reference to "writing" includes email and in-application notice.
1.3 The recitals, notices and capitalised warnings in this Agreement form an operative part of it and are not merely introductory.
2.1 You represent, warrant and undertake on a continuing basis that: (a) you are at least 18 years of age, or the age of majority in your jurisdiction if higher; (b) you have full legal capacity to enter into and be bound by this Agreement; (c) you are not acting on behalf of, or as agent, nominee or trustee for, any other person; (d) your use of the Software, of automated trading generally, and of each instrument you trade is lawful in every jurisdiction in which you are resident, domiciled, tax-resident or physically present when using it; (e) you are not a person to whom supply of the Software is prohibited under any applicable export-control, sanctions or trade-embargo regime, and are not located in, ordinarily resident in, organised under the laws of, or acting for or on behalf of any person located in, any sanctioned territory; and (f) all information you provided to obtain your Licence Key was true, accurate and complete.
2.2 Automated, algorithmic and systematic trading is restricted, licensed or prohibited in certain jurisdictions and for certain instruments. Certain instruments, including contracts for difference, are prohibited or restricted for retail clients in certain jurisdictions. Determining the legality of your own conduct is exclusively your responsibility. The Developer gives no advice and makes no representation on this subject.
2.3 You are solely responsible for all tax consequences of your trading, including the determination, reporting, withholding and payment of any tax. The Software's journal, reports and exports are provided for convenience only, are not tax records, are not prepared to any accounting or tax standard, and must not be relied upon for any tax, accounting, audit or regulatory purpose.
2.4 Breach of any representation in this section 2 terminates your licence immediately and automatically under section 22 without notice and without refund.
3.1 GRANT. Subject to your continuous compliance with this Agreement, the Developer grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable licence to install and use one (1) activated instance of the Software at any one time, on a single machine you own or lawfully control, solely for your own internal trading research and your own trading on your own Connected Accounts.
3.2 RESERVATION. The Software is licensed, not sold. No title, ownership interest or intellectual property right passes to you. All rights not expressly granted in section 3.1 are reserved absolutely to the Developer.
3.3 DEVICE BINDING AND SELF-SERVICE TRANSFER. Your Licence Key entitles you to ONE active machine at any one time. You may move that activation yourself, without contacting the Developer, using the machine-management screen inside the Software: release the current machine and activate the replacement. Where the previous machine is lost, destroyed or otherwise unreachable, the replacement machine may release it remotely. A fair-use frequency limit may be applied to deter licence sharing, and transfers beyond that limit may be refused or referred to support. Running two activated installations concurrently is not permitted, and neither the transfer facility nor any particular transfer frequency is warranted to be continuously available.
3.4 RESTRICTIONS. You shall not, and shall not permit, assist or procure any person to: (a) share, resell, rent, lease, lend, sublicense, publish, distribute, transfer, pledge, or make available the Software or your Licence Key to any other person, whether or not for money, and including within a household, firm, trading group, chat community or family; (b) use the Software to operate a managed account, a copy-trading service, a signal service, a fund or any service for the benefit of a third party; (c) reverse engineer, decompile, disassemble, decrypt, extract, or attempt to derive the source code, algorithms, model weights, research corpus or underlying ideas of the Software, except and only to the extent that this restriction is expressly prohibited by applicable law and only after written notice to the Developer; (d) circumvent, disable, tamper with or attempt to defeat any licence check, activation mechanism, telemetry, risk control, kill switch, approval gate or other technical protection measure; (e) remove, obscure or alter any proprietary notice; (f) use the Software to develop a competing product; (g) use the Software in any manner that breaches the rules of any Connected Account, Third-Party Platform or regulator; or (h) use the Software in any high-risk application in which failure could lead to death, personal injury or environmental damage.
3.5 AUDIT AND ENFORCEMENT. The Developer may verify licence compliance by technical means and may suspend or revoke any Licence Key that it reasonably believes has been shared, resold, obtained fraudulently, used in breach of this Agreement, or subjected to a chargeback or payment reversal. Revocation under this clause is without refund and without prejudice to any other remedy.
4.1 TRADING IS HIGH RISK. Trading futures, foreign exchange, contracts for difference, equities, exchange-traded funds, cryptoassets and other financial instruments involves a substantial and irreducible risk of loss and is not suitable for every person. Leverage magnifies both gains and losses. You may sustain a total loss of your funds, and in some products and account types a loss exceeding your deposit, leaving you liable for a debit balance.
4.2 YOU DECIDE. Every decision to install the Software, to connect it to any Connected Account, to enable live trading, to select instruments, to set risk parameters, to size positions, and to leave it running is yours alone. The Software ships with live trading disabled. Any transition from disabled to enabled is an affirmative act performed by you, and you accept full and exclusive responsibility for it and for everything that follows it.
4.3 NO ADVICE. Nothing produced by the Software, published on threepio.xyz, posted in any Discord server or community channel, sent by email or message, spoken in any recording, or otherwise communicated by the Developer is or shall be construed as financial, investment, trading, legal, tax, accounting or other professional advice, a solicitation, an offer, an inducement, or a personal recommendation. No content is tailored to your objectives, financial situation, experience, risk tolerance or needs, and no suitability or appropriateness assessment has been performed or will be performed.
4.4 NO REGULATED STATUS. The Developer is not a licensed, registered or authorised financial adviser, investment adviser, broker, dealer, futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator, portfolio manager, or financial institution in any jurisdiction, and is not authorised or regulated by the Financial Conduct Authority, the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, the National Futures Association or any comparable authority. No fiduciary, advisory, agency, partnership, joint venture, trust or confidential relationship of any kind is created by this Agreement or by your use of the Software, and any such relationship is expressly disclaimed.
4.5 NO CUSTODY. The Developer never takes custody, possession or control of your funds, securities, cryptoassets or accounts. Your money remains at all times with your broker, exchange or proprietary trading firm, subject to their terms and their insolvency risk, which is not the Developer's risk to bear.
4.6 SEEK INDEPENDENT ADVICE. You should not trade with money you cannot afford to lose entirely. You are strongly encouraged to obtain independent advice from an appropriately qualified and regulated professional before trading, and you confirm that you have either done so or have made a deliberate and informed decision not to.
5.1 PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. No representation is made that any account will or is likely to achieve profits or losses similar to any result shown anywhere. Historical results, however produced and however presented, have no predictive value and must not be relied upon as a basis for any decision.
5.2 HYPOTHETICAL AND SIMULATED PERFORMANCE. Backtested, simulated, modelled, paper-traded, demonstration, evaluation and forward-tested results are HYPOTHETICAL. They have inherent and well-documented limitations. Among them: they are prepared with the benefit of hindsight; they do not represent actual trading; they do not involve financial risk; no hypothetical record can completely account for the impact of financial risk in actual trading; the ability to withstand losses or adhere to a system despite losses is a material factor which can adversely affect actual results; and there are frequently sharp differences between hypothetical results and the actual results subsequently achieved. Hypothetical results are also commonly prepared with the benefit of knowledge of the market data over the period tested, and the selection of any strategy from a population of tested strategies introduces selection bias which cannot be fully eliminated by any statistical correction, including those the Software applies.
5.3 PUBLISHED FIGURES MAY BE INACCURATE OR INCOMPLETE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY PERFORMANCE FIGURE, RESULT, STATISTIC, SCREEN CAPTURE, STATEMENT, TRACK RECORD, CHART, JOURNAL EXTRACT OR CLAIM PUBLISHED, POSTED, DEMONSTRATED, STREAMED OR OTHERWISE COMMUNICATED AT ANY TIME BY THE DEVELOPER OR ON ANY CHANNEL OPERATED BY THE DEVELOPER — INCLUDING RESULTS DESCRIBED AS LIVE, REAL, FUNDED, VERIFIED, AUDITED OR FORWARD-TESTED — MAY BE INCOMPLETE, UNAUDITED, UNVERIFIED, SELECTIVELY PRESENTED, MISCALCULATED, MISTAKEN, AFFECTED BY SOFTWARE DEFECTS OR DATA ERRORS, PRODUCED UNDER CONDITIONS OR SETTINGS DIFFERENT FROM YOURS, OR OTHERWISE INACCURATE, AND THAT YOU HAVE NOT RELIED AND WILL NOT RELY UPON ANY OF IT. NO SUCH FIGURE IS WARRANTED, CERTIFIED OR REPRESENTED TO BE ACCURATE, AND NONE OF IT FORMS PART OF THIS AGREEMENT OR ANY CONTRACTUAL DESCRIPTION OF THE SOFTWARE.
5.4 YOUR RESULTS WILL DIFFER. Your results will differ, potentially materially, from any figure shown, by reason of and without limitation: your account size, currency and leverage; your risk settings and position sizing; your broker's spreads, commissions, financing, swaps, execution quality, requotes and rejections; slippage; latency and geographic distance to the matching engine; your machine's uptime, clock and performance; the instruments and sessions you enable; the strategies active on your installation; the date you start; market conditions and regime; and chance.
5.5 NO PROJECTION. Nothing in the Software or its marketing constitutes a projection, forecast, guarantee, assurance or estimate of future performance, income, profitability, drawdown, win rate, evaluation pass rate, payout, or return on your purchase price.
5.6 TESTIMONIALS. Any testimonial, review or user-reported result is that person's individual experience, is not verified by the Developer, is not representative, and is not a guarantee that you or anyone else will experience comparable results. Testimonials may have been given by persons who received the Software free or at a discount.
6.1 You expressly acknowledge, accept and assume each of the following risks, which are inherent to automated trading and are not defects in the Software:
(a) the Software may place, modify, fail to place, duplicate, delay or fail to cancel orders, whether by reason of software defect, misconfiguration, unexpected market data, or otherwise; (b) internet, power, hardware, operating system, virtual private server, broker, exchange or Third-Party Platform failures may prevent orders being sent, filled, modified or cancelled, and may prevent positions being closed, including during periods of maximum volatility; (c) stop-loss orders are not guaranteed and may be filled at a materially worse price than requested, or not at all, in gapping, halted, limit-locked, illiquid or fast-moving markets; (d) markets may gap through your stop over a weekend, holiday, halt, or news event, producing a loss materially larger than the intended risk; (e) latency, requotes, partial fills, rejected orders and slippage will occur and will cause deviation from any modelled result; (f) erroneous, delayed, revised, stale or missing market data may cause unintended orders; (g) time zone, daylight saving, session, holiday calendar, contract roll and symbol-mapping errors may cause unintended orders; (h) an operating system update, antivirus action, disk failure, machine sleep or unattended restart may interrupt the Software at any time, including while positions are open; (i) unattended operation means orders may be placed when you are not present and not watching; and (j) the Software may cease trading, or trade less than expected, on any given day, and this may itself represent an opportunity cost.
6.2 YOU MUST MONITOR. Notwithstanding that the Software is capable of unattended operation, you remain responsible for monitoring your Connected Accounts and open positions, for maintaining the ability to intervene manually and independently of the Software, and for knowing how to flatten positions directly with your broker if the Software, your machine or your connection becomes unavailable. Reliance on unattended operation is at your sole risk.
6.3 KILL SWITCH. The Software provides a kill switch and risk controls. These are convenience features implemented on a best-efforts basis. They depend on functioning connectivity and on the correct operation of Third-Party Platforms, they are not guaranteed to operate in every circumstance, and they are not a substitute for your own monitoring or for broker-level protections.
6.4 SETTINGS ARE YOURS. Risk parameters, account size, loss caps, maximum position size, enabled instruments and enabled sessions are configured by you. The Software applies the parameters you supply. It does not assess whether those parameters are prudent, suitable or survivable for your circumstances, and a parameter you enter incorrectly will be applied as entered.
7.1 Many proprietary trading firms, brokers and platforms restrict or prohibit automated trading, algorithmic execution, high-frequency activity, copy trading, group trading, the use of identical strategies across multiple accounts, latency arbitrage, news trading, and the holding of positions across particular sessions. Rules vary between firms, change without notice, and are frequently applied retrospectively and at the firm's sole discretion.
7.2 IT IS ENTIRELY YOUR RESPONSIBILITY to read, understand and comply with the rules of every Connected Account and Third-Party Platform, and to satisfy yourself before use that running the Software is permitted. The Developer makes NO representation, warranty or assurance that use of the Software complies, or will continue to comply, with the rules of any firm, broker, platform or regulator, and gives no assurance regarding evaluation pass rates, payout eligibility, or account survival.
7.3 MULTIPLE USERS, SIMILAR SIGNALS. YOU EXPRESSLY ACKNOWLEDGE THAT THE SOFTWARE IS LICENSED TO MULTIPLE UNRELATED PERSONS; THAT OTHER LICENSEES MAY RUN SIMILAR OR IDENTICAL STRATEGIES ON THE SAME INSTRUMENTS AT THE SAME TIMES AND AT THE SAME OR SIMILAR FIRMS; THAT A FIRM MAY IN ITS SOLE DISCRETION CHARACTERISE SUCH ACTIVITY AS COPY TRADING, GROUP TRADING, COLLUSION, COORDINATED TRADING OR PROHIBITED STRATEGY REPLICATION, WHETHER OR NOT YOU INTENDED THIS AND WHETHER OR NOT ANY COMMUNICATION BETWEEN LICENSEES OCCURRED; AND THAT THE CONSEQUENCES MAY INCLUDE ACCOUNT SUSPENSION, ACCOUNT CLOSURE, FAILED EVALUATIONS, FORFEITURE OF FEES, REVERSAL OR DENIAL OF PAYOUTS, AND PERMANENT EXCLUSION FROM A FIRM. YOU ACCEPT THIS RISK ENTIRELY AND ABSOLUTELY, AND YOU AGREE THAT NO INDEMNIFIED PERSON SHALL BEAR ANY LIABILITY WHATSOEVER IN RESPECT OF IT. THE DEVELOPER DOES NOT PROVIDE, AND WILL NOT PROVIDE, ANY FEATURE, SETTING, TECHNIQUE OR ADVICE INTENDED TO CONCEAL AUTOMATED TRADING FROM, OR TO EVADE THE SURVEILLANCE, DETECTION OR COMPLIANCE PROCESSES OF, ANY FIRM, BROKER, PLATFORM OR REGULATOR, AND ANY USE OF THE SOFTWARE FOR SUCH A PURPOSE IS A MATERIAL BREACH OF THIS AGREEMENT.
7.4 If any firm, broker or platform prohibits automated trading, you must not run the Software on an account with that firm. There is no workaround, and none will be provided.
8.1 The Software interoperates with Third-Party Platforms which are not controlled by the Developer, may change, degrade, deprecate their interfaces, impose fees, restrict access or cease to exist without notice, and are governed by their own terms which you must accept and comply with separately.
8.2 The Developer is not responsible or liable for any Third-Party Platform, for any act, omission, defect, outage, latency, data error, execution quality, insolvency, security breach or rule change of any of them, or for any consequence to you. Any dispute concerning a Third-Party Platform is between you and that party.
8.3 Market data supplied to or used by the Software may be inaccurate, delayed, incomplete, revised, back-adjusted, or subject to vendor terms. Market data is licensed and paid for by you where applicable. The Developer does not warrant the accuracy, completeness, timeliness or fitness of any data and is not liable for any consequence of any data defect.
8.4 API KEYS AND CREDENTIALS. You are solely responsible for the security, scope and rotation of any credential you supply to the Software or any Third-Party Platform. You must never enable withdrawal or transfer permissions on any exchange API key supplied to any software, including the Software. Loss arising from a credential you created, scoped, stored, exposed or failed to revoke is your loss alone.
8.5 The Software may include open-source components licensed under their own terms, which prevail over this Agreement to the extent of any conflict in respect of those components only.
9.1 The Software runs locally on your machine. Your research vault, strategy database, trade journal, configuration and credentials are stored on your machine and are not transmitted to the Developer as part of normal operation.
9.2 The Developer may process limited personal data necessary to issue, validate, transfer and enforce Licence Keys and to provide support, in accordance with applicable data-protection law.
9.3 BACKUPS ARE YOURS. You are solely responsible for backing up your machine, your data folder, your configuration and your Licence Key. The Developer is not liable for any loss, corruption, deletion or unavailability of data, however caused, including where caused by the Software.
9.4 If you voluntarily send the Developer logs, screenshots, databases or diagnostic files, you are responsible for redacting anything you do not wish to disclose, and you grant the Developer a licence to use that material for the purpose of diagnosing and improving the Software.
10.1 If you submit any suggestion, feature request, bug report, strategy idea, research document, script or other material to the Developer, you grant the Developer a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable and transferable licence to use, reproduce, modify, adapt, publish and exploit it for any purpose, without obligation, attribution, compensation or confidentiality.
10.2 You warrant that you have the right to submit such material and that it does not infringe any third-party right or breach any confidentiality obligation, and you indemnify the Developer under section 17 in respect of any claim to the contrary.
11.1 The licence fee is payable in full before a Licence Key is issued. Prices may change at any time; a price change does not entitle any earlier or later purchaser to any adjustment, credit or refund.
11.2 ALL SALES ARE FINAL once the Software has been installed or the Licence Key has been activated, whichever occurs first. Subject only to sections 11.2a and 11.4, no refund is available thereafter for any reason, including dissatisfaction with performance, changes in your circumstances, inability to comply with a firm's rules, incompatibility with your hardware, or your decision not to use the Software.
11.2a DIGITAL CONTENT AND THE CANCELLATION PERIOD. Where you are a consumer with a statutory right to cancel a distance contract (in the United Kingdom and the European Union, ordinarily fourteen (14) days), that right is lost in respect of digital content once supply has begun with your prior express consent and your acknowledgement that you thereby lose it. BY PROCEEDING TO DOWNLOAD, INSTALL OR ACTIVATE THE SOFTWARE YOU EXPRESSLY REQUEST THAT SUPPLY BEGIN IMMEDIATELY AND ACKNOWLEDGE THAT YOU WILL THEREBY LOSE YOUR RIGHT TO CANCEL. Until you do so, that right is unaffected and you may cancel for a refund. Nothing in section 11.2 purports to remove a cancellation right that has not been lost in this way.
11.3 Any goodwill refund or accommodation granted by the Developer at its absolute discretion in any individual case is granted without admission of liability, does not vary this Agreement, and creates no precedent, practice or entitlement for you or any other person.
11.4 CONSUMER RIGHTS. Nothing in this section 11 or elsewhere in this Agreement excludes, restricts or modifies any right or guarantee conferred on you by consumer protection law which cannot lawfully be excluded, restricted or modified by agreement. Where such a right applies, this Agreement takes effect subject to it, and only to the minimum extent necessary.
11.5 CHARGEBACKS. Initiating a chargeback, payment reversal or dispute in respect of a licence fee, otherwise than in accordance with a right that cannot be excluded, is a material breach of this Agreement and entitles the Developer to revoke your Licence Key immediately and to recover its costs.
12.1 The Developer may issue updates which add, alter, degrade, deprecate or remove any feature, market, strategy, integration or capability at any time, and is under no obligation to issue any update, to provide support, to maintain any integration, or to keep any feature available.
12.2 Updated terms may accompany updated versions. Installing or continuing to use the Software after such terms are presented constitutes acceptance of them. If you do not accept them, your sole remedy is to cease using the Software.
12.3 EXPERIMENTAL AND EVOLVING NATURE. You acknowledge that the Software is research software of an experimental and evolving character, that it generates and evaluates strategies autonomously, that its behaviour will change over time as it does so, and that no particular behaviour, strategy, portfolio composition or level of activity is warranted, promised or guaranteed to persist.
13.1 Support, where provided, is provided on a reasonable-efforts, as-available basis, through the channels the Developer designates, with no service level, response time, availability or resolution commitment of any kind.
13.2 The Developer will never initiate contact asking you for payment, a Licence Key, a seed phrase, a password or remote access to your machine. Any such approach is fraudulent. You are solely responsible for verifying the identity of anyone who contacts you and for losses arising from your dealings with impostors, and the Developer accepts no liability in respect of them.
14.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, ALL OUTPUT, AND ALL SUPPORT ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", WITHOUT WARRANTY, CONDITION, GUARANTEE, REPRESENTATION OR TERM OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE.
14.2 THE DEVELOPER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, PERFORMANCE, PROFITABILITY, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, SECURE, FREE OF HARMFUL COMPONENTS, COMPATIBLE WITH ANY SYSTEM, OR THAT DEFECTS WILL BE CORRECTED.
14.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE DEVELOPER OR THROUGH THE SOFTWARE, ANY COMMUNITY CHANNEL, ANY RECORDING OR ANY WEBSITE, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
14.4 SOFTWARE OF THIS COMPLEXITY CONTAINS DEFECTS. YOU ACKNOWLEDGE THAT IT IS NOT POSSIBLE TO PRODUCE SOFTWARE THAT IS FREE FROM ERROR, THAT DEFECTS MAY CAUSE FINANCIAL LOSS, AND THAT YOU HAVE FACTORED THIS INTO YOUR DECISION TO USE THE SOFTWARE AND INTO YOUR CHOICE OF POSITION SIZE AND RISK SETTINGS.
15.1 NOTHING EXCLUDED THAT CANNOT BE. Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited. Section 15 takes effect subject to this clause and to section 11.4.
15.2 EXCLUSION OF TRADING LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO INDEMNIFIED PERSON SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY TRADING LOSSES, HOWSOEVER ARISING AND WHETHER OR NOT FORESEEABLE, EVEN IF CAUSED BY A DEFECT IN THE SOFTWARE, AN ERROR IN ITS OUTPUT, AN ERRONEOUS ORDER, A FAILURE OF A RISK CONTROL OR KILL SWITCH, A FAILURE TO PLACE OR CANCEL AN ORDER, OR ANY ACT OR OMISSION OF ANY INDEMNIFIED PERSON.
15.3 EXCLUSION OF INDIRECT LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO INDEMNIFIED PERSON SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSS; ANY LOSS OF PROFIT, REVENUE, ANTICIPATED SAVING, BUSINESS, CONTRACT, OPPORTUNITY, GOODWILL OR REPUTATION; ANY LOSS OR CORRUPTION OF DATA; ANY BUSINESS INTERRUPTION; ANY ACCOUNT CLOSURE, RESET, EVALUATION FAILURE, DENIED OR REVERSED PAYOUT; OR ANY REGULATORY FINE OR PENALTY, IN EACH CASE HOWEVER ARISING.
15.4 CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT PREJUDICE TO SECTIONS 15.2 AND 15.3, THE TOTAL AGGREGATE LIABILITY OF ALL INDEMNIFIED PERSONS TAKEN TOGETHER, FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, MISREPRESENTATION, RESTITUTION OR OTHERWISE, SHALL NOT EXCEED THE TOTAL LICENCE FEE YOU ACTUALLY PAID FOR THE SOFTWARE.
15.5 BASIS OF THE BARGAIN. You acknowledge that the licence fee has been set in reliance on the allocation of risk in sections 14, 15, 16 and 17; that this allocation is a fundamental basis of the bargain between you and the Developer; that the Developer would not license the Software on any other terms; and that these provisions shall apply even if any limited remedy is found to have failed of its essential purpose.
15.6 EACH PROVISION SEPARATE. Each exclusion and limitation in sections 14, 15 and 16 operates separately and independently. If any is held unenforceable in whole or in part, the remainder continues to apply in full.
16.1 ASSUMPTION OF RISK. You knowingly, voluntarily and expressly assume all risk arising from your use of the Software and from your trading, including every risk described in sections 4, 5, 6, 7 and 8 and including risks not described or not presently foreseeable.
16.2 RELEASE. To the maximum extent permitted by applicable law, you release, waive, discharge and covenant not to sue each Indemnified Person from and in respect of any and all claims, demands, actions, causes of action, liabilities and Trading Losses arising out of or connected with the Software, its Output or your trading, whether known or unknown, suspected or unsuspected, present or future. To the extent any law limits the effect of a general release to claims known at the time, you expressly waive the benefit of that law.
16.3 NON-RELIANCE. You acknowledge and agree that in entering into this Agreement you have not relied upon, and shall have no right or remedy in respect of, any statement, representation, assurance, warranty, promise, forecast, figure, demonstration, testimonial, marketing material, social media post, video, live stream, community message or other communication (whether made negligently or innocently) other than the express terms of this Agreement. Your only remedies in respect of any such communication are for breach of this Agreement. Nothing in this clause limits liability for fraud or fraudulent misrepresentation.
16.4 NO PARTNERSHIP. Nothing in this Agreement creates any partnership, joint venture, agency, employment, franchise or fiduciary relationship between you and the Developer.
17.1 To the maximum extent permitted by applicable law, you shall indemnify, defend and hold harmless each Indemnified Person from and against all claims, demands, proceedings, losses, damages, liabilities, fines, penalties, costs and expenses (including reasonable legal fees on a full indemnity basis) arising out of or in connection with: (a) your use or misuse of the Software; (b) your trading and your Connected Accounts; (c) your breach of this Agreement or of any representation or warranty in it; (d) your breach of the rules of any Connected Account, Third-Party Platform, exchange or regulator; (e) your breach of any applicable law; (f) any claim by any third party arising from your conduct; and (g) any material you submit under section 10.
17.2 This indemnity survives termination and is independent of, and not limited by, sections 15.2, 15.3 or 15.4.
18.1 The Developer does not warrant, guarantee, represent or promise: that the Software will be profitable; that it will avoid losses; that any evaluation will be passed; that any payout will be received or retained; that any account will remain open; that any strategy will continue to work; that any integration will keep functioning; that the Software complies with the rules of any firm, broker, platform, exchange or regulator; or that its use is lawful in your jurisdiction.
19.1 No Indemnified Person shall be liable for any failure or delay arising from any cause beyond its reasonable control, including act of God, natural disaster, epidemic, war, terrorism, civil disorder, cyberattack, malicious code, denial-of-service, failure of the internet or of any utility, power failure, failure or withdrawal of any Third-Party Platform, exchange outage, market halt, extreme volatility, regulatory action, change of law, sanction, strike, or the act or omission of any third party.
20.1 You shall comply with all applicable export-control, sanctions, anti-money-laundering and anti-bribery laws, and shall not export, re-export, supply or make the Software available in breach of any of them.
21.1 You shall not probe, scan, penetration-test, attack or attempt to compromise any licensing infrastructure operated by the Developer, nor distribute any patch, keygen, crack, loader or instruction intended to circumvent licensing. Any such conduct is a material breach, terminates your licence immediately, and may constitute a criminal offence.
22.1 This Agreement takes effect on the earliest of your acceptance, activation, installation or use, and continues until terminated.
22.2 It terminates automatically and immediately, without notice and without refund, on any breach by you of sections 2, 3, 7.3, 11.5, 20 or 21.
22.3 The Developer may suspend or revoke a Licence Key where it reasonably suspects fraud, sharing, chargeback, circumvention or unlawful use.
22.4 On termination you shall immediately cease all use of the Software, uninstall every copy, and destroy all copies in your possession or control.
22.5 SURVIVAL. Sections 1, 2.3, 3.2, 3.4, 4, 5, 6, 7, 8, 9.3, 10, 11, 13.2, 14, 15, 16, 17, 18, 19, 20, 21, 22.4, 22.5, 23, 24 and 25 survive termination or expiry of this Agreement for any reason.
23.1 Notices to you may be given in the Software, by email to the address associated with your purchase, or by posting in an official channel, and are deemed received on the day given. Notices to the Developer must be sent to the contact address published at threepio.xyz and are deemed received only on acknowledgement.
24.1 GOVERNING LAW. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, its subject matter or its formation are governed by and construed in accordance with the law of England and Wales.
24.2 JURISDICTION. The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim, save that if you are a consumer resident in a jurisdiction whose law confers mandatory rights of venue upon you, you may also bring proceedings in the courts of your place of residence, and nothing in this clause deprives you of the protection of mandatory provisions of the law of that place.
24.3 GOOD-FAITH RESOLUTION FIRST. Before commencing proceedings you shall give the Developer written notice describing the claim and shall allow thirty (30) days for the parties to attempt to resolve it in good faith.
24.4 LIMITATION PERIOD. To the maximum extent permitted by applicable law, any claim arising out of or in connection with this Agreement or the Software must be commenced within one (1) year after the date on which the cause of action accrued, failing which it is permanently barred. This clause does NOT apply where you are a consumer and the law of your country of residence prescribes a mandatory limitation period that cannot be shortened by agreement; in that case that statutory period applies instead.
24.5 CLASS ACTION WAIVER. To the maximum extent permitted by applicable law, you agree that any claim shall be brought in your individual capacity only and not as a claimant or class member in any purported class, collective, consolidated, group or representative proceeding. Where the law governing a particular claim provides for trial by jury and permits that right to be waived, each party waives it; this sentence has no effect in any jurisdiction where such a waiver is unavailable or unenforceable.
24.6 If any part of section 24.5 is held unenforceable as to a particular remedy, that remedy shall be severed and determined in court, and the remainder of section 24 continues to apply.
25.1 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and the Developer in respect of its subject matter and supersedes all prior agreements, understandings, statements, representations, proposals, marketing materials and communications, whether written or oral.
25.2 SEVERANCE AND REFORMATION. If any provision is held invalid, illegal or unenforceable in any jurisdiction, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable while preserving as nearly as possible the parties' original intent; if such modification is not possible, the provision shall be severed for that jurisdiction only, and the remainder of this Agreement shall continue in full force and effect, both in that jurisdiction and in all others.
25.3 NO WAIVER. No failure or delay in exercising any right operates as a waiver of it, and no single or partial exercise precludes any further exercise.
25.4 ASSIGNMENT. You may not assign, transfer, charge, sub-contract or deal in any manner with this Agreement or any right under it. The Developer may assign or novate this Agreement to any successor in title to the Software.
25.5 THIRD-PARTY RIGHTS. Save that each Indemnified Person may enforce sections 14, 15, 16 and 17, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
25.6 LANGUAGE. This Agreement is concluded in the English language. Any translation is provided for convenience only, and the English text prevails in the event of any inconsistency.
25.7 CONSTRUCTION. No rule of construction requiring interpretation against the drafting party shall apply to this Agreement.
25.8 ACKNOWLEDGEMENT. YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT IN FULL, THAT YOU HAVE HAD THE OPPORTUNITY TO TAKE INDEPENDENT LEGAL ADVICE ON IT, THAT YOU UNDERSTAND THAT YOU ARE ASSUMING ALL TRADING RISK AND RELEASING THE DEVELOPER FROM LIABILITY FOR TRADING LOSSES TO THE FULLEST EXTENT THE LAW ALLOWS, AND THAT YOU ACCEPT IT FREELY AND WITHOUT RELIANCE ON ANY STATEMENT NOT CONTAINED IN IT.
Questions: see the contact details at threepio.xyz.
END OF AGREEMENT