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An End User License Agreement (EULA) is a legal contract between a software provider or business (like Thinker Trading) and the person or entity using the software, service, or digital product.
Last updated: January 1, 2025
Thinker Trading Group, LLC (“Thinker Trading Group”) grants You personally and individually (“You”) a license to its trading methodologies (“Proprietary Signals”), along with any software, hardware, systems, communications, links, and related services, made available online through the Thinker Trading Group website and any and all related third party websites hosting Thinker Trading Group’s communications including but not limited to Thinker Trading Group’s virtual trading room (“Trading Tribe”), collectively the System (“System”) on the condition that You accept all of the terms and conditions of this End User License Agreement (“EULA”).
Please read this EULA carefully. By clicking “accept” below or otherwise accessing or using the System, You agree to and accept (i) all the terms and conditions of this EULA, as well as (ii) disclosures available at https://www.ThinkerTrading.com/disclosures, and (iii) all other terms and conditions applicable to Your access to the Thinker Trading Group website, all as may be updated by Thinker Trading Group from time to time. You agree that You will not contest the validity or enforceability of this EULA because it was accepted in electronic form.
If You have any questions regarding this EULA, please contact Thinker Trading Group by emailing support@ThinkerTrading.com .
In order to use the System, You must agree to all of the terms and conditions applicable to such usage, including the Thinker Trading Group Terms and Conditions (“Terms”) and disclosures available at https://www.ThinkerTrading.com/disclosures .
If You do not agree to the Terms and Conditions of this EULA, You should not click “accept” and should cease all access to and use of the System. GRANT OF ACCESS.
Subject to the terms and conditions of this EULA and the Terms, Thinker Trading Group grants You a limited, non-exclusive, and non-transferable revocable right to access and use the System solely for Your personal use. This EULA, together with the Terms and the terms and conditions in the Customer Agreement entered into between You and Thinker Trading Group (the “Customer Agreement”), will govern Your access to and use of the System.
In connection with Your access to and use of the Proprietary Signals and the System, You will:
This provision shall remain in full force and effect subject to applicable law even after the
termination of this EULA.
PROPRIETARY SIGNALS AND CONTRIBUTIONS
The System includes, but is not limited to, Thinker Trading Group’s intellectual property, and its proprietary trade setups and methodologies (“Proprietary Signals”) as described on Thinker Trading Group’s website and the Customer Agreement, and taught to You through the course or courses described in the Customer Agreement for Your personal use. To the extent that You develop directly Yourself or indirectly through use of any AI or other software, electronic trading indicators and/or code related to, or based off of, Proprietary Signals (“Automated Signals” or “Automated Trading”), Your agree to make such Automated Signals or Automated Trading available to Thinker Trading Group and You hereby assign all right, title and interest to such Automated Signals or Automated Trading to Thinker Trading Group. For purposes of clarity, Thinker Trading Group is free to retain, use make, have made, distribute, sell, offer to sell, import, and incorporate such Automated Signals and/or Automated Trading into Thinker Trading Group’s products and/or services, without payment of royalties or other consideration to You. You represent and warrant that any such developments You provide to Thinker Trading Group or users of the System do not infringe, misappropriate or violate the intellectual property rights of any third parties. To the extent that You provide such Automated Signals or Automated Trading to Thinker Trading Group or users of the System, You acknowledge and agree that Thinker Trading Group makes no representations, warranties or covenants that other users will not reverse engineer or attempt to discover the source code relating to such Automated Signals or Automated Trading.
RESERVATION OF RIGHTS
As between Thinker Trading Group and You, Thinker Trading Group reserves all rights in the System, including all intellectual property rights such as copyright, patent, trademark, and trade secret rights. Except for the limited right to access and use the System granted above, no other rights are granted to You.
Thinker Trading Group reserves the right to temporarily suspend or limit all or part of the System or Your access to the System, without notice, for maintenance or other reasons (including reasons outside Thinker Trading Group’s control). You acknowledge that Thinker Trading Group will have no liability to You or to any third party in connection with such suspension or limitation.
Thinker Trading Group reserves the right to monitor Your access to and use of the System. If You provide any ideas, suggestions or recommendations to Thinker Trading Group regarding the System of other Thinker Trading Group products or services (“Feedback”), Thinker Trading Group shall have sole and exclusive ownership of such Feedback and You hereby assign all right, title and interest to such Feedback to Thinker Trading Group. For purposes of clarity, Thinker Trading Group is free to retain, use make, have made, distribute, sell, offer to sell, import, and incorporate such Feedback in the System and Thinker Trading Group’s products and/or services, without payment of royalties or other consideration to You.
ACKNOWLEDGEMENT
You acknowledge that:
DISCLAIMER OF WARRANTY
THINKER TRADING GROUP IS PROVIDING THE SYSTEM AND PROPRIETARY SIGNALS “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
Your use of or reliance on the System or any information made available through the System including Proprietary Signals is entirely at your own risk.
THINKER TRADING GROUP 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 SYSTEM OR PROPRIETARY SIGNALS WILL OPERATE WITH ANY GUARANTEED RATE OF RETURN OR WIN RATE.
Further, Thinker Trading Group cannot and does not guarantee or make any representation or warranty, express or implied, as to the availability or operation of the System, Proprietary Signals or the accuracy, timeliness, completeness, or continued availability of any information made available through the System or Proprietary Signals.
No Thinker Trading Group member, officer, director, employee, representative, or agent is authorized to offer any warranty.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THINKER TRADING GROUP, 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 SYSTEM OR INFORMATION MADE AVAILABLE THROUGH THE SYSTEM (INCLUDING PROPRIETARY SIGNALS), REGARDLESS OF THE CAUSE, INCLUDING BUT NOT LIMITED TO ANY DELAY, INACCURACY, ERROR OR OMISSION IN ANY ASPECT OF THE SYSTEM, IN TRANSMISSION, OR FOR NONPERFORMANCE, DISCONTINUANCE, TERMINATION, OR INTERRUPTION OF THE SYSTEM OR CUSTOM INDICATORS, EVEN IF THINKER TRADING GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will Thinker Trading Group’s liability to You, whether in contract, tort, or otherwise, exceed the Pricing Plan fees and/or commissions You have paid to Thinker Trading Group 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 System must commence within one year after the cause of action accrues. Otherwise, the cause of action is permanently barred.
TERMINATION
This EULA will terminate on termination of your System Access for any reason and may be terminated by Thinker Trading Group upon notice to you. Notwithstanding termination of this EULA, the disclaimer of warranty, limitation of liability, governing law, severability, integration, indemnification, and any other provision that should naturally extend beyond the termination shall survive.
ASSIGNMENT
You may not transfer or assign your Thinker Trading Group access or any rights or obligations under this EULA without the prior written consent of Thinker Trading Group. Any attempted assignment or transfer without such prior written consent from Thinker Trading Group shall be void and of no effect.
GOVERNING LAW
Any dispute whatsoever arising from, or related to this EULA shall be adjudicated and governed by the law of the State of Illinois, and furthermore, Thinker Trading Group and You expressly agree to submit to the jurisdiction and venue of the Circuit Court of Cook County, Illinois, and that said Court will have jurisdiction in any and all matters arising from or related to this EULA. Additionally, in any matter where Federal jurisdiction is involved You will submit to the jurisdiction and venue of the Federal Court of the Northern District of Illinois to adjudicate any and all matters arising from or related to this transaction or contract.
SEVERABILITY
If any term of this EULA is held to be invalid, illegal, or unenforceable, the remainder of the EULA will remain in full force and effect.a
INTEGRATION
This EULA, the disclosures available at https://www.ThinkerTrading.com/disclosures, the Terms, and any other documents referred to in the EULA and Terms constitute the entire agreement between the parties in respect of the use of the System and Proprietary Signals and supersede all other oral or written communications relating to their subject matter.
INDEMNIFICATION
You shall indemnify, defend and hold Thinker Trading Group 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 Thinker Trading Group website, Proprietary Signal or the System.
RISKS
You must safeguard your log in credentials, as applicable, and You are required to notify Thinker Trading Group in writing immediately if you become aware of any loss, theft or unauthorized use of Your log in credentials. You are responsible for any communication entered with Your credentials, regardless of who was the source of that communication. Thinker Trading Group shall not be responsible for the accuracy, completeness, timeliness, or correct sequencing of any information concerning Your trading and account activity, quotes, and market information, or for any decision made or action taken by You in reliance on any information obtained through Proprietary Signals and/or the System. There may be an interruption of data, information, or communications, such that you may not timely receive information from the System. You accept this risk, and understand that Thinker Trading Group is not responsible for any resulting losses.
Thinker Trading Group is not a broker/broker dealer and does not make trade and investing recommendations or offer financial advice. Trading stocks, options and futures can involve high risk and the loss of any and all funds invested. In some cases, you may be responsible for more than you invest. Please become familiar with the Risks and Characteristics of Standardized Option Agreement from your broker. The education you receive from Thinker Trading Group is for educational purposes only. The firm and instructors do not make decisions or trades for you. You are responsible for your own outcomes from the implementation of any education, instruction, or strategies offered in your training. All examples are for illustrative purposes only. Past performance is not indicative of future results.
