Terms of Service

6. Plans, fees and payment

Free plans may be changed or withdrawn at any time. Paid plans are billed in advance for the period shown at checkout and renew automatically until cancelled. You can cancel at any time with effect from the end of the paid period; we do not refund a period already started except where the law requires it.

Payments are processed by Paddle as Merchant of Record. Paddle is the seller for your purchase, issues your invoice and handles applicable VAT. Paddle's own terms apply to the payment transaction.

Right of withdrawal (consumers). If you are a consumer in the EU you normally have 14 days to withdraw from a contract concluded at a distance. Because the Service is supplied digitally and immediately, you will be asked at checkout to consent to it starting straight away and to acknowledge that you thereby lose that right once it has been fully supplied. Full withdrawal instructions and a model form are provided with your purchase.

7. Liability and Trading Risk

Trading futures, options, and other leveraged instruments involves substantial risk of loss. The Service is a software interface that allows you to interact with your NinjaTrader installation remotely. It does not provide investment, financial, or trading advice and does not make trading decisions on your behalf. You are solely responsible for your trading decisions, orders, positions, account configuration, and the monitoring of your trading activity.

The Service does not guarantee that any instruction will be received, transmitted, executed, cancelled, or executed at any particular price or within any particular time. You acknowledge that orders and other instructions may be delayed, duplicated, rejected, modified, or otherwise affected by NinjaTrader, your VPS, any internet connection, your broker, an exchange, a market-data provider, or other third-party systems.

To the maximum extent permitted by applicable law, we are not liable for:

• trading losses, including losses resulting from adverse price movements, slippage, margin calls, liquidations, or missed or unexecuted trades;
• lost profits, lost opportunities, or indirect, incidental, special, consequential, or punitive damages;
• losses resulting from delays, failures, duplication, modification, or non-delivery of instructions or information;
• losses resulting from NinjaTrader, your VPS provider, any internet connection, your broker, an exchange, or a market-data provider;
• losses resulting from inaccurate, incomplete, delayed, or unavailable data displayed by the Service;
• loss of data that could reasonably have been prevented through appropriate backups; or
• unauthorized instructions resulting from the compromise or misuse of the user's DeskPilot account or connected credentials, except to the extent caused by our failure to implement reasonable security measures.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to the Service will not exceed the fees you paid for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law. If any provision of this section is found to be unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, OR SUITABLE FOR YOUR TRADING ACTIVITIES.

8. Experimental features

Features marked experimental in the interface or in Help — currently enabling and disabling NinjaTrader strategies — rely on parts of NinjaTrader that NinjaTrader does not publish or promise to keep. They are verified against one NinjaTrader build and a NinjaTrader update can break them. They are provided as-is; do not build a process around one without a manual fallback, and note that the NinjaTrader Control Center always remains available to you.

Experimental features may stop working without notice following an update to NinjaTrader or another dependency.

You should not enable an experimental feature unless you have tested it in simulation and have a manual alternative available.

9. Your data

How we handle personal data is described in the Privacy Policy, which forms part of these terms. You keep all rights in your own trading data; you grant us only the permission needed to store and display it back to you and to operate and secure the Service.

The data we are storing includes, but is not limited to

• account information
• account balances
• positions
• orders
• execution history
• strategy state
• machine information
• logs

We may process Customer Data solely as necessary to provide, maintain, secure, troubleshoot, and improve the Service.

10. Term, suspension and termination

You may stop using the Service and delete your account at any time from Account settings; deleting it cancels any subscription and erases your stored data, which cannot be undone. We may suspend or terminate an account for a material breach of these terms, for non-payment, or where required by law — with notice where practicable, and immediately where the breach makes that necessary. We may also discontinue the Service on reasonable notice, in which case we refund any period paid for and not delivered.

When your account is terminated, DeskPilot will no longer accept or transmit instructions for that account. You remain responsible for uninstalling the DeskPilot add-on from your NinjaTrader installation if you no longer wish it to have access to the Service.

11. Changes to these terms

We may change these terms where there is a valid reason — a change to the Service, or to the law. Each version carries a version marker, and when the substance changes you are asked to accept the new version the next time you sign in. If you would rather not, you can stop using the Service and delete your account; declining never blocks your access to Account settings, to your password, or to deletion. We keep a record of which version you accepted and when.

12. Governing law and disputes

These Terms are governed by the laws of Illinois, without regard to its conflict-of-law rules.

Any dispute arising out of or relating to these Terms or the Service shall be brought in the state or federal courts located in Cook County, Illinois, except where applicable law requires otherwise.

If you are a consumer, nothing in these Terms is intended to limit any rights or protections that cannot legally be waived under applicable law.

13. Acceptable Use

Customers cannot:

• reverse engineer the service
• circumvent licensing
• probe other customers' accounts
• interfere with the service
• use it to attack your infrastructure
• share credentials
• resell access
• attempt to access another user's NinjaTrader connection
• use automated scraping of your web interface unless explicitly permitted

14. Intellectual property

DeskPilot and its software, interfaces, documentation, branding, and underlying technology are owned by or licensed to us and are protected by applicable intellectual property laws. Except for the limited right to use the Service during your subscription, no rights are transferred to you.

You retain ownership of your Customer Data.

15. Third-party services

DeskPilot depends on third-party products and services, including NinjaTrader, VPS providers, brokers, exchanges, market-data providers, hosting providers, and payment providers. We do not control these services and are not responsible for their availability, performance, policies, or changes.