Last updated: December 09, 2024
NinjaTrader, LLC ("NinjaTrader") grants a license to its Proprietary Electronic Order Entry System (NT8), Tradovate branded trading applications and Mobile Trading Applications, along with the NinjaTrader and Tradovate branded websites, any hardware, communications links, and related services made available by NinjaTrader ("Systems") on the condition that you accept all of the terms and conditions of this End User License Agreement ("EULA").
Please read this EULA carefully. If you do not agree to the Terms or this EULA, you should not click "accept" and should cease all access to and use of the Systems.
Subject to the terms and conditions of this EULA, NinjaTrader grants you a limited, non-exclusive, and non-transferable revocable right to access and use the Systems, as well as any other materials we make available to you, such as user guides or training materials, solely for your personal use.
In connection with your access and use of the Systems, you agree to:
Comply with this EULA and all applicable laws, rules, regulations, or orders, including the rules and regulations of all applicable self-regulatory organizations.
Not attempt to view or use the Systems' Source Code.
Not copy, modify, create derivative works, reverse engineer, decompile, tamper with, clone, pirate, ghost copy or disassemble the Systems or remove any proprietary notices.
Not distribute, share, rent, sell, retransmit, redistribute, release or license the Systems or any part of the Systems to any third party.
Not use any device, software, or routine, including but not limited to viruses, to interfere with the NinjaTrader website or the Systems.
Not take any action that imposes an unreasonable load on the NinjaTrader website or the Systems.
Provide NinjaTrader with complete and accurate information related to your use of the Systems upon request.
NinjaTrader reserves all rights to the Systems, including intellectual property rights such as copyright, patent, trademark, and trade secret rights. Except for the limited right to access the Systems, no other rights are granted to you.
NinjaTrader reserves the right to temporarily suspend or limit all or part of any Custom Indicators, Systems or your access to the Systems, without notice, for maintenance or other reasons (including reasons outside NinjaTrader's control). You acknowledge that NinjaTrader will have no liability to you or to any third party in connection with such suspension or limitation.
NinjaTrader reserves the right to monitor your use of the Systems.
NinjaTrader reserves the right to use any data relating to your activity on its trading platforms and backend services for its legitimate business purposes, including any and all information related to trading activity, in an aggregate, anonymous fashion. You agree that these activities may be performed automatically without further consent, consultation, or approval from you, and that you are not entitled to any remuneration or revenue associated with the use of the data by NinjaTrader.
You acknowledge that:
Futures and options trading involves substantial risk of loss and is not suitable for all investors. You understand the risks involved in trading and have considered and will continue to carefully consider whether trading is suitable in light of your financial circumstances and resources.
Futures and options trading are subject to risks, including the possible loss of more than the principal amount invested.
Exchange rate changes may impact your positions.
You understand that NinjaTrader does not operate or control the networks used to access the Systems and is not responsible or liable for the privacy and security of your data and information transmissions. You agree that it is your sole responsibility to confirm the privacy and security practices of the networks you use as well as take necessary steps to protect to ensure that unauthorized individuals do not access the Systems
NINJATRADER IS PROVIDING THE SYSTEMS "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. Your use of the Systems or any information made available through the Systems including Custom Indicators is entirely at your own risk.
NINJATRADER HEREBY EXPRESSLY DISCLAIMS, FOR ITSELF AND ITS LICENSORS, ANY FUTURES TRADING EXCHANGE, OR ANY AFFILIATE OF THE FOREGOING ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING ANY WARRANTY OF PARTICULAR QUALITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THAT THE SYSTEMS WILL OPERATE WITHOUT INTERRUPTION OR ERROR OR THAT ANY DEFECTS WILL BE CORRECTED.
NinjaTrader cannot guarantee or make any representation or warranty, express or implied, as to the availability or operation of the Systems, or the accuracy, timeliness, completeness, or continued availability of any information made available through the Systems.
No employee or representative of NinjaTrader is authorized to provide any warranty.
TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL NINJATRADER, ITS LICENSORS, OR ANY AFFILIATE OF THE FOREGOING, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, VENDORS, OR INFORMATION PROVIDERS, BE LIABLE TO YOU OR ANY PERSON FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, PROFITS, DATA, OR USE; DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SYSTEMS OR INFORMATION MADE AVAILABLE THROUGH THE SYSTEMS , REGARDLESS OF THE CAUSE, INCLUDING BUT NOT LIMITED TO ANY DELAY, INACCURACY, ERROR OR OMISSION IN ANY ASPECT OF THE SYSTEMS, IN TRANSMISSION, OR FOR NONPERFORMANCE, DISCONTINUANCE, TERMINATION, OR INTERRUPTION OF THE SYSTEMS , EVEN IF NINJATRADER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the foregoing, in no event will NinjaTrader's liability to you, whether in contract, tort, or otherwise, exceed the Pricing Plan fees you have paid to NinjaTrader during the six months prior to the event that resulted in the liability. This limitation shall apply even if the above disclaimer of warranty or limitation of liability is limited in any way.
To the maximum extent permitted by applicable law, you agree that any cause of action arising out of or relating to this EULA or your access to or use of the Systems must commence within one year after the cause of action accrues. Otherwise, the cause of action is permanently barred.
This EULA may be terminated by NinjaTrader upon notice to you. Termination may result from your failure to comply with any provision of this EULA. After termination, provisions related to disclaimer of warranty, limitation of liability, governing law, and any other provisions that naturally extend beyond termination will continue to apply.
You may not transfer or assign your rights or obligations under this EULA without NinjaTrader's prior written consent. Any attempted assignment without such consent shall be null and void. NinjaTrader may assign its rights and obligations under this EULA without prior notice to you.
This EULA will be governed by the laws of the State of Illinois, without regard to conflict of law principles. Subject to any arbitration agreement between the parties or any other arbitration rights you may have, you submit to the exclusive jurisdiction and venue of the federal and state courts located in Cook County, Illinois to hear any claims, disputes or causes of actions arising out of or relating to this EULA. You hereby waive any right to a change of venue and any and all objections to the jurisdiction of the state and federal courts of Cook County, Illinois.
If any term of this EULA is found to be invalid or unenforceable, the remainder of the EULA will continue in full force and effect.
This EULA, the disclosures available at https://www.NinjaTrader.com/disclosures, the Terms, and any other documents referred to in the EULA constitute the entire agreement between the parties in respect of the use of the Systems and supersede all other oral or written communications relating to their subject matter.
The provision of any service or products provided by NinjaTrader LLC and/or its related companies or your Broker are expressly subject to the particular terms and conditions as contained in the contract for the supply of such service or product. Any warranties or representations made in relation to the provision of such service or product are as made in the separate contract(s) only and NinjaTrader LLC and/or its related companies make no separate warranty or representation through these general terms of use.
For clarification purposes, your use of the Systems is governed by this EULA and your trading account(s) are governed by separate agreements with your Broker(s)
You shall indemnify, defend and hold NinjaTrader and its affiliates and the officers, directors, members, employees, and agents of each harmless from any claims, lawsuits, liability, damages (both direct and indirect), expenses and costs (including costs and attorneys' fees) arising from or related to your use of the Systems.
You must safeguard your log in credentials and are required to notify NinjaTrader in writing immediately if you become aware of any loss, theft or unauthorized use of your log in credentials. You are responsible for any activity resulting from the use of your credentials.
Effective Date: October 22, 2021
By checking “I agree” you signify that you have read, understand and agree to be bound by these Terms and Conditions (“Terms”) of NinjaTrader, LLC (“NinjaTrader”), in effect at the time of your agreement and as amended or revised from time to time thereafter. Your purchases through NinjaTrader’s website and your use of NinjaTrader’s services are also governed by NinjaTrader’s customer agreement (which is incorporated by reference in these Terms), as well as the disclosures available at https://www.NinjaTrader.com/Risk and all other applicable terms, conditions, limitations, and requirements on NinjaTrader’s website. If you do not agree to these Terms, please do not purchase a membership or any other services.
Except as otherwise stated, these Terms are subject to change at any time and in NinjaTrader’s sole discretion. Any changes are effective thirty (30) days after we post such revised Terms to our website (indicated by revising the date at the top of these Terms), or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check the website regularly for changes to these Terms. Your continued use of the System after any such changes are effective constitutes your consent to be bound to such changes.
If you have any questions regarding these Terms, please contact NinjaTrader by emailing support@NinjaTrader.com.
In order to access NinjaTrader’s live environment, you must set up a registered trading account with a NinjaTrader affiliate. You agree to provide and maintain accurate and complete information in your NinjaTrader trading account at all times, including, but not limited to, your billing address, email address, telephone number, account number, and payment information. You are solely responsible for maintaining the security of, and restricting access to, your account, username and password.
NinjaTrader offers various pricing plans (each, a “Pricing Plan”) and subscription term lengths (“Subscription Term”). The fees for Pricing Plans and available Subscription Terms are stated on the pricing page of NinjaTrader’s website found at the following URL: https://www.NinjaTrader.com/BuyPlatform. From time to time, NinjaTrader may offer different Pricing Plans and Subscription Terms and the fees for such Pricing Plans and Subscription Terms may vary.
All prices are shown in U.S. dollars. While NinjaTrader has the right to change the prices at any time, the prices associated with your Pricing Plan at the time of purchase will remain effective during your Subscription Term, but will be subject to the renewal provisions below, which provide for the Pricing Plan fee applicable at the renewal date to be charged in connection with the renewal.
NinjaTrader may accept payments by deducting fees from your trading account or charging your credit card. By submitting your order, you acknowledge that you authorize NinjaTrader to charge your order (including taxes and any other amounts described on NinjaTrader’s website) to that trading account, credit card, or bank account.
You may terminate or modify your Pricing Plan any time by visiting NinjaTrader’s trading platform and adjusting your subscription settings.
The Pricing Plan fee is non-refundable, except as expressly set forth in these Terms or as required by law. You understand that charges for the service must be paid in advance.
At the expiration of your Subscription Term, NinjaTrader will automatically bill your account for an additional service term equal to the length of time of your original Subscription Term unless you notify NinjaTrader prior to the renewal date that you wish to cancel or do not wish to renew your Pricing Plan. Thus, your Pricing Plan will automatically renew (without notice to you, unless required by applicable law) and you authorize NinjaTrader to collect the then-applicable Pricing Plan fee using any payment sources on record. If adequate funds are not available in your trading account or credit card, your Pricing Plan may be suspended or cancelled automatically, and your account set to Membership-Free. In the event of a suspended or automatically cancelled Pricing Plan due to insufficient funds or rejected payment processing, any open market positions may be closed and working orders cancelled in your trading account at NinjaTrader’s sole discretion.
Cancellation processing fees, liquidation fees, and other fees may apply if adequate funds are not available in the account by the time NinjaTrader submits the charges for a renewal.
For all Pricing Plans, the renewal fees will be equal to the highest published fees for your subscription selection as published by NinjaTrader at the renewal date.
All rates are based on the full Subscription Term and no prorated billing credit will be applied for a Pricing Plan after the start of the billing period. No prorated credit will be given for unused time after a Pricing Plan has been terminated. Prorated credit will be applied to upgrades to the Pricing Plan and Subscription Term by calculating the difference in remaining value between the current Pricing Plan and Subscription Term and the upgraded Pricing Plan and Subscription Term.
NinjaTrader offers certain customers various trial or other promotional access, which are subject to these Terms, except as otherwise stated in the promotional offers. Trial subscribers may at any time choose not to continue to a Pricing Plan at the end of the trial period by allowing their trial to expire. If you use the System for a promotional trail access period, you are bound to the same terms and conditions and are prohibited from using the System to effect any trades or transactions.
The margin and risk parameters set for any trading account through which you use the System to trade are set by your Broker and not NinjaTrader, LLC. In order to avoid liquidations of your positions by your Broker, you must remain diligent in monitoring your trades and account balance to ensure compliance with your Broker’s margin polices.
By agreeing to the Terms of Service and EULA, you are agreeing to the privacy policies of both NinjaTrader Clearing, LLC and NinjaTrader, LLC which are available at https://ninjatrader.com/Privacy
Last updated: 09 December 2024