Terms of Service

In these Terms:

• "Agreement" or "Terms" means these Terms of Service, including any policies referenced here.
• "User," "you," or "your" means the individual or legal entity using our website, portal, or software.
• "Software" means MarketXero NinjaTrader 8 indicators, compiled assemblies, download packages, documentation, updates, and related code we license to you.
• "Website" means marketxero.com and related pages we operate, excluding third-party sites we link to.
• "Portal" means the MarketXero customer portal at portal.marketxero.com and connected licensing services.
• "Content" means text, graphics, videos, documentation, and other materials we make available through the Website or Portal, excluding your User Content.
• "User Content" means information you submit to us, including support messages, community posts, feedback, and profile information.
• "Vendor" means a third-party platform or service you use with MarketXero, including NinjaTrader, your broker, data feed provider, Stripe, Discord, or authentication providers.
• "Security" means any instrument or asset you may trade using third-party platforms, including futures, options, forex, stocks, or other financial products.

You must be at least 18 years old and legally able to enter a binding contract to use our services. By creating an account, starting a free trial, downloading Software, subscribing, or continuing to use the Website or Portal, you represent that you meet this requirement and agree to these Terms.

If you use our services on behalf of a company or other organization, you represent that you have authority to bind that entity, and "you" includes that entity.

We may update these Terms from time to time. Material changes will be posted on this page with a revised "Last updated" date. Your continued use after changes become effective means you accept the revised Terms. If you do not agree to an update, you must stop using our services and cancel any active subscription.

Subject to your compliance with these Terms and payment of applicable fees, MarketXero grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software solely for your personal or internal business trading analysis in NinjaTrader 8.

This license does not sell or transfer ownership of the Software. All rights not expressly granted are reserved by MarketXero and its licensors.

You may install the Software on more than one computer only if each installation is used under the same licensed NinjaTrader account ID and you do not run more than one active instance of the same indicator at the same time, unless we expressly authorize otherwise in writing.

You may not share, lend, rent, lease, sublicense, sell, distribute, or otherwise transfer the Software or your license to any other person or entity.

You may not modify, translate, adapt, reverse engineer, decompile, disassemble, decrypt, or create derivative works from the Software, except to the extent applicable law expressly permits and only after giving us prior written notice.

MarketXero licenses are tied to your NinjaTrader account ID, not a machine ID. Internet access is required for portal activation, license validation, downloads, and subscription management.

You are responsible for providing an accurate NinjaTrader ID and keeping your portal account information current. We never ask for your NinjaTrader password.

If validation fails, a subscription lapses, or these Terms are breached, we may suspend or revoke your license until the issue is resolved. You must delete or stop using affected Software after license termination, except where retention is required by law.

Some features require a portal account. When you register, you agree to provide accurate information and to keep your credentials confidential. You are responsible for all activity under your account, whether or not authorized by you.

You may not impersonate another person, use another user's credentials, create multiple accounts to abuse trials or promotions, or share portal access in a way that violates these Terms.

Notify us promptly at contact@marketxero.com if you believe your account has been compromised.

Paid access to Software is offered on a subscription basis unless we expressly state otherwise. Prices, plan features, and billing intervals are shown at checkout or in the Portal and may change for future terms with notice where required by law.

Subscriptions are processed by Stripe or another payment processor we designate. By subscribing, you authorize us and our payment processor to charge your selected payment method for recurring fees, taxes, and applicable charges.

Unless stated otherwise at purchase, subscriptions renew automatically at the end of each billing period until canceled. You may cancel through the Portal before the next renewal date. Cancellation stops future charges but does not entitle you to a refund for fees already paid, except where required by law or expressly stated in our refund policy.

If payment fails, we may suspend access until the balance is resolved. Failed renewals may result in loss of license validation and Software access.

We may offer a free trial for eligible new subscribers. Trial length, eligible products, and promotional terms are shown at signup. Unless you cancel before the trial ends, your subscription may convert automatically to a paid plan and your payment method may be charged when the trial expires.

You are entitled to one free trial per person or organization unless we authorize otherwise. You may not create duplicate accounts, use false information, or otherwise attempt to obtain more than one trial.

Except where required by law or expressly stated at purchase, fees are non-refundable once a billing period begins. If you cancel, you retain access through the end of the paid period, after which your license may be deactivated.

Refund requests for billing errors or exceptional circumstances may be submitted to contact@marketxero.com. We review requests in good faith but are not obligated to provide refunds outside legal requirements.

MarketXero Software runs inside NinjaTrader and depends on platforms and services we do not control, including NinjaTrader, your broker, data vendors, operating systems, and internet connectivity.

You are responsible for complying with all applicable Vendor terms, licensing requirements, market data agreements, and exchange rules. MarketXero does not provide brokerage, order routing, market data, or trade execution services.

We do not guarantee continued compatibility with any specific NinjaTrader version, broker, data feed, operating system, or third-party add-on. We may modify or discontinue integrations or supported environments when necessary for security, compliance, or product maintenance.

MarketXero owns or licenses all rights in the Website, Portal, Content, Software, trademarks, logos, and related intellectual property. No ownership rights are transferred to you under these Terms.

Third-party names, marks, and platforms such as NinjaTrader are the property of their respective owners. Use of those marks on our Website is for identification only and does not imply endorsement by those owners.

You must not remove, alter, or obscure copyright, trademark, or proprietary notices on the Software or Content.

If you submit User Content or feedback to us, you represent that you have the rights needed to provide it and that it does not violate law or third-party rights.

You grant MarketXero a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute User Content as needed to operate, support, secure, and improve our services. We do not claim ownership of your User Content, but we may remove or restrict content that violates these Terms or applicable law.

If you provide suggestions, ideas, or improvement feedback, you grant us the right to use that feedback without restriction or compensation, provided we do not publicly attribute confidential information you clearly mark as proprietary.

You agree to use the Website, Portal, Content, and Software only for lawful purposes and in accordance with these Terms. You will not:

• Use our services to provide investment advice, manage others' accounts, or operate as an unregistered adviser or broker
• Upload or transmit unlawful, fraudulent, harassing, defamatory, obscene, or infringing material
• Probe, scan, or test the vulnerability of our systems or attempt unauthorized access
• Interfere with or disrupt the Website, Portal, licensing systems, or networks connected to them
• Scrape, crawl, harvest, or collect data from our services except through interfaces we expressly authorize
• Circumvent license validation, usage limits, security controls, or access restrictions
• Resell, white-label, or commercially exploit the Software or Content without our prior written consent
• Use automated tools to create accounts, abuse trials, or impersonate others

We may investigate violations and suspend or terminate access without prior notice where necessary to protect users, systems, or legal compliance.

MarketXero provides software tools for market analysis and visualization only. We do not provide investment, financial, legal, or tax advice. We do not recommend securities, strategies, or trade decisions, and we do not execute orders or hold customer funds.

All trading decisions are yours alone. You are responsible for evaluating whether any strategy, indicator output, or educational material is appropriate for your experience, objectives, and risk tolerance.

The Website, Content, and Software are provided for informational and analytical purposes. They are not a substitute for professional advice or your own due diligence. See the risk disclosures in our site footer for additional trading risk information.

We strive to keep the Website, Portal, and Software available, but we do not guarantee uninterrupted or error-free operation. Maintenance, outages, third-party failures, internet issues, or force majeure events may affect access or performance.

We may modify, suspend, or discontinue any feature, plan, Software version, or service at any time. Where practical, we will provide reasonable notice of material changes that affect active subscribers.

THE WEBSITE, PORTAL, CONTENT, AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR QUIET ENJOYMENT.

We do not warrant that the Software will be uninterrupted, error-free, compatible with every system, or produce any particular trading result. We do not warrant the accuracy, completeness, or timeliness of market data displayed through third-party platforms.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, our disclaimers apply to the fullest extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETXERO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, TRADING LOSSES, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, PORTAL, CONTENT, OR SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO MARKETXERO FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow limitation of certain damages. In those jurisdictions, our liability is limited to the fullest extent permitted by law.

You agree to defend, indemnify, and hold harmless MarketXero and its officers, directors, employees, agents, affiliates, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Website, Portal, Content, or Software
• Your trading activity or reliance on indicator output
• Your violation of these Terms or applicable law
• Your User Content or feedback
• Your violation of any third-party rights, including intellectual property or privacy rights

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

You may stop using our services at any time and cancel subscriptions through the Portal, subject to the billing terms above.

We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees, misuse licenses, create security or legal risk, or if we discontinue a service. Upon termination, your license ends and you must cease use of the Software and delete copies in your possession, except where retention is required by law.

Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you acknowledge that you have read that policy.

You consent to receive communications from us electronically, including by email, portal notices, or postings on the Website. You agree that electronic communications satisfy any legal requirement that such communications be in writing, to the extent permitted by law.

These Terms are governed by the laws of the United States and the state in which MarketXero LLC is organized, without regard to conflict-of-law principles.

Except where prohibited by law, you and MarketXero agree that any dispute arising out of or relating to these Terms or our services will be resolved exclusively in the state or federal courts located in the United States, and you consent to personal jurisdiction and venue in those courts.

Before filing a claim, you agree to contact contact@marketxero.com and attempt in good faith to resolve the dispute informally within thirty (30) days.

Entire agreement. These Terms, together with the Privacy Policy and any purchase terms shown at checkout, constitute the entire agreement between you and MarketXero regarding the subject matter hereof and supersede prior or contemporaneous understandings on that subject.

Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including internet outages, hosting failures, labor disputes, natural disasters, war, terrorism, or government action.

Export compliance. You agree to comply with applicable U.S. export control and sanctions laws and not to use our services in prohibited jurisdictions or on behalf of prohibited persons.

Questions about these Terms may be sent to:

MarketXero LLC Email: contact@marketxero.com Website: marketxero.com