Terms of Service & End User License Agreement
Version: 2.2 · Effective Date: July 1, 2026 · Last Updated: July 1, 2026
Provider: NexusATS (the "Software", "we", "us", "our") — sole-proprietor business established in Canada. Contact: [email protected]. The operator's postal address is not published in order to protect the proprietor's privacy; it is provided on written request to [email protected] and disclosed to EU/UK consumers as required by Directive 2011/83/EU prior to contract conclusion.
1. Acceptance and binding effect
By creating an account, completing checkout, activating a license, or otherwise using NexusATS, you ("you", "the Licensee") agree to these Terms of Service, our Risk Disclaimer, Performance & Earnings Disclaimer, Privacy Policy, Billing, Subscription & Refund Policy, Cancellation Policy, Acceptable Use Policy, Cookie Policy, and Support Policy (collectively the "Agreement"). If you do not agree, do not purchase, install, or use the Software.
You confirm at checkout that you are (a) at least 18 years old or the age of majority in your jurisdiction, and (b) have legal capacity to enter this Agreement.
2. Language
The English version of this Agreement is the binding version. Translations are provided for convenience only. Pour les résidents du Québec : les parties reconnaissent avoir expressément demandé que ce contrat et tous les documents s'y rattachant soient rédigés en anglais. The parties acknowledge that they have expressly required this Agreement and all related documents to be drafted in English. Where mandatory local law requires a translation (including the Charter of the French Language in Quebec), we will provide a French version on request to [email protected].
3. What NexusATS is — and is not
NexusATS is a licensed software product: a rule-based automated trading strategy that runs inside NinjaTrader 8 on your own computer, executing against your own brokerage account using credentials you supply. We sell software; we do not place trades, manage money, hold customer funds, provide signals, or operate any kind of pooled or managed account.
NexusATS is not: a broker, dealer, investment adviser, commodity trading adviser (CTA), commodity pool operator (CPO), introducing broker, registered futures commission merchant, financial planner, signal service, copy-trade service, or registered investment company. NexusATS is not registered with the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission (CFTC), the National Futures Association (NFA), the UK Financial Conduct Authority (FCA), the European Securities and Markets Authority (ESMA), the Canadian Investment Regulatory Organization (CIRO), or any equivalent regulator. We do not give personalized financial, tax, or legal advice.
You are solely responsible for the configuration of the Software, the markets and instruments you trade, the size of the positions you take, your account-level risk controls, and ongoing supervision of the Software's behavior.
4. License grant
Subject to your compliance with this Agreement and timely payment of fees, NexusATS grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use one (1) instance of the Software on one (1) personal computer at a time, solely for your own personal trading activity, for the duration of (a) your active monthly subscription, or (b) the Lifetime Term defined in §6.
All right, title and interest in the Software, including the algorithm, code, design, trademarks, documentation and any updates, remain the exclusive property of NexusATS and its licensors.
5. License restrictions
You will not, and will not permit any third party to: (a) copy, modify, translate, or create derivative works of the Software; (b) reverse engineer, decompile, or disassemble the Software, except to the extent that mandatory local law (for example Article 6 of the EU Software Directive 2009/24/EC) expressly permits and you have first asked us for interoperability information; (c) remove or alter any proprietary notices; (d) share, rent, lease, lend, resell, redistribute, or transfer your license key or account credentials; (e) circumvent license activation, hardware-binding, or anti-piracy controls; (f) use the Software in violation of applicable law, this Agreement, or our Acceptable Use Policy.
Where a violation is established, we may suspend or terminate the license under §11. Where infringement causes us loss, we may pursue lawful remedies including damages, statutory damages where available, and injunctive relief.
6. Lifetime license — definition and limits
"Lifetime License" means a license that continues for the operational lifetime of the NexusATS product offering and not for the natural life of any individual person. The Lifetime License continues until the earliest of: (a) discontinuation of the NexusATS product line on at least 60 days' written notice to your registered email; (b) discontinuation of the host platform (NinjaTrader 8) by its publisher; (c) termination of your license under §11 for a material, uncured breach of this Agreement. Where we discontinue under (a), we will provide a final usable build for the platform version then supported. Lifetime License does not entitle you to a refund based on later discontinuation, except to the extent mandatory local consumer law requires.
7. Account, security and accuracy of information
You are responsible for keeping your account credentials and license key confidential. You agree to provide accurate billing and contact information and to keep it current. You must notify us promptly of any unauthorized use of your account.
8. Prohibited persons and jurisdictions
You represent and warrant that you are not (and are not acting on behalf of any party that is) subject to comprehensive sanctions administered by the U.S. Office of Foreign Assets Control (OFAC), the United Nations Security Council, the European Union, the United Kingdom, or Canada, and that you are not located in any jurisdiction subject to comprehensive sanctions (presently including Cuba, Iran, North Korea, Syria, the Crimea, so-called Donetsk and Luhansk regions, Kherson and Zaporizhzhia regions of Ukraine, and any other comprehensively sanctioned region identified from time to time by such authorities). You agree not to access or use the Software from any such jurisdiction or while subject to such sanctions. We may refuse, restrict, or cancel any order that screens as prohibited; in that event, payments will be refunded subject to processor rules.
9. Disclaimers
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR ABSENCE OF ERRORS. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY PARTICULAR TRADE WILL EXECUTE AT ANY PARTICULAR PRICE. NOTHING IN THIS SECTION LIMITS WARRANTIES OR STATUTORY GUARANTEES THAT CANNOT BE EXCLUDED UNDER MANDATORY LOCAL LAW (FOR EXAMPLE, UNDER THE UK CONSUMER RIGHTS ACT 2015, EU DIRECTIVE 2019/770, OR THE QUEBEC CONSUMER PROTECTION ACT, WHERE APPLICABLE).
You acknowledge that trading futures, foreign exchange, options, equities and digital assets is speculative and involves substantial risk of loss. Past performance, simulated results, backtests, and hypothetical examples are not indicative of future results. See the Risk Disclaimer and Performance Disclaimer.
10. Limitation of liability
To the maximum extent permitted by law, NexusATS, its officers, employees, contractors, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, trading losses, margin calls, liquidation events, business, data, goodwill, or substitute services, arising out of or relating to the Software or this Agreement, even if we have been advised of the possibility of such damages. Our total cumulative liability arising out of or relating to this Agreement will not exceed the greater of (a) the amount you actually paid to us for the Software in the twelve (12) months immediately preceding the event giving rise to liability, or (b) USD 100. Some jurisdictions do not allow certain of these limitations; in those jurisdictions our liability is limited to the maximum extent permitted by law, and nothing in this Agreement excludes liability for death or personal injury caused by our negligence, fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.
11. Term, suspension and termination
Monthly subscriptions continue until cancelled in accordance with the Cancellation Policy. We may suspend or terminate your license on written notice (which may be by email) if you materially breach this Agreement (including the Acceptable Use Policy and §5 above) and do not cure the breach within a reasonable period (typically 7 days) where the breach is curable. We may suspend immediately, without prior notice, where (i) we reasonably believe immediate action is necessary to comply with law or protect third parties, our systems, or other users, or (ii) the breach is incapable of cure (for example, sharing of license keys, reverse-engineering, or sanctions/fraud). On termination for your uncured breach, no refund is owed except as required by mandatory law.
12. Changes to the Agreement
We may update this Agreement from time to time. Material changes will be notified to your registered email and posted on the website with an updated "Version" and "Effective Date" at least fourteen (14) days before they take effect, except where a shorter period is required by law, security, or fraud-prevention. Your continued use of the Software after the effective date constitutes acceptance of the updated Agreement. If you do not agree, you may cancel under the Cancellation Policy before the effective date. We do not change the price of an active Lifetime License retroactively.
13. Dispute resolution — informal step first
Before filing any formal claim, you agree to first contact us at [email protected] with a written description of the dispute, and to negotiate in good faith for at least thirty (30) days. This step does not apply where mandatory local law gives you a faster route (for example, EU/UK consumer ODR, Quebec OPC complaints).
14. Arbitration and class-action waiver (with consumer carve-outs)
Carve-outs. This §14 does not apply, in whole or in part, where it would conflict with mandatory law. In particular: (a) for consumers ordinarily resident in Quebec, articles 11.1 and related provisions of the Quebec Consumer Protection Act prohibit pre-dispute mandatory arbitration and class-action waivers, so those rights are preserved; (b) for consumers ordinarily resident in the European Union, the United Kingdom, Switzerland, Norway, Iceland, Australia or New Zealand, this clause is enforced only to the extent local consumer law permits and does not deprive you of mandatory court venues, ODR mechanisms, or consumer authority routes; (c) intellectual-property infringement claims and small-claims-court claims are excluded from this clause.
Otherwise. Any remaining dispute arising out of or relating to this Agreement will be resolved by binding individual arbitration administered by the International Chamber of Commerce under the ICC Rules, seated in a neutral venue agreed by the parties or, failing agreement, in London, United Kingdom, in English. Each party bears its own costs except as the arbitrator determines. You and we each waive any right to participate in a class, consolidated, or representative proceeding, subject to the carve-outs above. If a court of competent jurisdiction finds any part of this §14 unenforceable, the remainder remains in effect.
15. Governing law and venue
This Agreement is governed by the laws of the province of Ontario, Canada and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. Nothing in this clause deprives a consumer of the protection of mandatory provisions of the law of the country where the consumer is habitually resident.
16. Force majeure
We are not liable for failure or delay caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, government action, sanctions, internet, exchange, broker, data-vendor or hosting outages, and pandemics.
17. Assignment
You may not assign this Agreement without our written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of assets, on notice to you.
18. Entire agreement, severability, waiver
This Agreement is the entire agreement between you and NexusATS for the Software. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Failure to enforce any right is not a waiver.
19. Notices
Legal notices to NexusATS must be sent to [email protected]. Notices to you may be sent to your registered email address. EU consumers may use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
20. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless NexusATS and its owners, officers, employees, contractors, and licensors (the "Indemnified Parties") from and against any third-party claims, demands, actions, losses, liabilities, damages, fines, and reasonable legal and professional costs arising out of or relating to: (a) your use, configuration, or misconfiguration of the Software; (b) your breach of this Agreement or the Acceptable Use Policy; (c) your violation of any applicable law or of the rules of any broker, exchange, prop firm, or funded-account program; (d) your trading activity and any resulting losses, margin calls, or liquidations; or (e) your infringement or misappropriation of any third party's intellectual-property, privacy, or other rights. This indemnity does not apply to the extent a loss is finally determined to have been caused by the Indemnified Parties' own fraud or willful misconduct, or where it concerns a liability that cannot be excluded or limited under mandatory law, and nothing in this section diminishes non-excludable consumer rights you may have under the law of your country of habitual residence.
21. Third-party account rules — brokers, exchanges, and prop firms
You are solely responsible for complying with the terms, rules, and eligibility requirements of any broker, exchange, clearing firm, proprietary-trading ("prop") firm, evaluation program, or funded-account program you use with the Software. Many such programs restrict or prohibit automated, algorithmic, or copy trading, the use of third-party tools or "expert advisors", or specific trading behaviors, and may suspend accounts, deny or reverse payouts, or apply clawbacks for violations. We do not monitor, and make no representation or warranty that your use of the Software complies with, any such program's rules. To the maximum extent permitted by law, NexusATS is not liable for any account suspension, ban, disqualification, payout denial, clawback, fee, or loss imposed by any such program in connection with your use of the Software. You should confirm, before use, that automated trading with the Software is permitted by your chosen provider.
22. Survival
The provisions of this Agreement that by their nature should survive expiration or termination will survive, including without limitation: §5 (License restrictions), §9 (Disclaimers), §10 (Limitation of liability), §13–§15 (Dispute resolution, arbitration, governing law), §20 (Indemnification), §21 (Third-party account rules), and this §22, together with any accrued payment obligations and any provisions concerning intellectual property, confidentiality, and notices.
23. Third-party trademarks and no affiliation
NinjaTrader® is a registered trademark of NinjaTrader Group, LLC. NexusATS is an independent software product and is not affiliated with, endorsed by, sponsored by, or otherwise associated with NinjaTrader, any broker, exchange, data vendor, prop firm, or payment provider referenced on this site. All other trademarks, service marks, and trade names are the property of their respective owners, and any reference to them is for identification and interoperability purposes only.