Terms of Use

1. Parties and acceptance

1.1. These Terms of Use (the “Terms”) govern the relationship between EliteXCharts, LLC, a limited liability company organized under the laws of the State of Delaware, United States of America, File No. 10713003, with its registered office at 131 Continental Dr, Suite 305, Newark, DE 19713, USA (“EliteXCharts”, “we”, “us”), and the individual who creates an Account on the Platform (the “User”, “you”).

1.2. Legal notices shall be sent to legal@elitexcharts.com. Support, billing and refund requests shall be sent to contact@elitexcharts.com.

1.3. You accept these Terms by checking the acceptance box when creating your Account. EliteXCharts records the version accepted and the date and time of acceptance. For Accounts created by other means, such as the Application or an invitation, accessing or using the Platform constitutes acceptance of these Terms and of the Privacy Policy then in force, and EliteXCharts may request your express acceptance at any time.

1.4. Any person using the Platform on behalf of a legal entity represents that they have authority to bind that entity to these Terms.

2. Summary

• The Platform requires an active Rithmic account, contracted by you with your Broker (Section 4).
• EliteXCharts is not a broker, does not hold client funds and does not provide investment advice (Section 13).
• The license is personal and allows installation on as many computers as you wish, with a single open session at a time (Section 6).
• Recurring Plans renew automatically; you are notified by e-mail before each charge, fifteen (15) days in advance for the annual Plan and seven (7) days for the semiannual Plan, and may cancel at any time (Section 8).
• A full refund, without the need to state a reason, is available within the period applicable to your country (Section 10).
• If the Platform is discontinued, the Lifetime Plan guarantees two (2) years of continued service (Section 11).
• Trading futures involves a substantial risk of loss (Section 14).

3. Definitions

3.1. For the purposes of these Terms, the following capitalized terms have the meanings set out below:

4. Rithmic connection requirement

4.2. Real-time market data and order routing depend on Rithmic’s infrastructure. Your Rithmic account is contracted by you with your Broker and is not part of the services provided by EliteXCharts.

4.3. You are solely responsible for entering into the data usage agreements required by Rithmic and the exchanges, including the professional or non-professional subscriber declaration.

4.4. Market data fees, such as those charged by CME, as well as commissions and trading limits, are set and charged by your Broker and are not included in the price of the Plans.

4.5. Without an active Rithmic account or data permission for a given contract, the Platform will not display real-time data or send orders for that contract. This does not constitute a failure of the service and does not entitle you to a refund outside the period set out in Section 10.

4.6. Market history provided by EliteXCharts’ servers is released only upon an active Rithmic connection with permission for the requested data.

4.7. Your Rithmic credentials are stored in your computer’s operating-system vault, and the connection is established directly between the Application and Rithmic, without passing through EliteXCharts’ servers.

4.8. EliteXCharts is not liable for interruptions, delays, order rejections or data inconsistencies originating at Rithmic, your Broker or the exchanges.

4.9. Rithmic, R | Protocol API and OMNE are trademarks of Rithmic, LLC. EliteXCharts uses Rithmic’s connection but does not represent Rithmic or act on its behalf.

5. Registration and Account

5.1. To create an Account, you must be at least eighteen (18) years of age and have full legal capacity.

5.2. You agree to provide accurate information and keep it up to date. Each Account is personal and belongs to a single individual.

5.3. You are responsible for safeguarding your access credentials and for all activity carried out in your Account, and you shall notify EliteXCharts immediately of any suspected unauthorized access.

5.4. You are solely responsible for complying with the laws of your country relating to financial transactions, taxes and reporting obligations.

6. License

6.1. While you hold an active Plan, EliteXCharts grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use the Application, subject to these Terms. The Application is licensed, not sold.

6.2. Your Account may be used on as many computers as you wish, with only one session open at a time. Signing in on one computer ends the session open on another; if the Platform is open on another computer, the Application will ask for your confirmation before ending that session.

6.3. You shall not:

• (a) share, assign, lend, sell or resell the Account or access to the Platform;
• (b) reverse engineer, decompile, disassemble or attempt to extract the source code, models or internal logic of the Platform, including through the AI Assistant;
• (c) circumvent the single-session rule, the license check, the trial rules or any other technical protection measure;
• (d) make the Platform, or data obtained through it, available as a service to third parties;
• (e) redistribute market data received through the Platform, which also breaches the agreements entered into with Rithmic and the exchanges;
• (f) use the Platform for market manipulation or for any unlawful purpose.

6.4. All rights not expressly granted in these Terms are reserved to EliteXCharts.

7. Plans, pricing and payment

7.1. All Plans provide access to all features of the Platform and differ only in duration. The Gamma Levels feature is included in all Plans and operates with your own access key from GexBot, obtained directly from that provider and subject to its terms.

7.2. Payments are processed by Stripe. EliteXCharts does not have access to your full card details.

7.3. If you purchase a Recurring Plan at founder pricing, you will keep that price for as long as you renew the Plan without interruption. A full refund under Section 10 terminates the refunded Plan and results in the loss of the founder pricing attached to it.

7.4. Discount coupons apply on the terms disclosed at the time of purchase, including the charges to which they apply.

7.5. Applicable taxes, where required by law, will be shown at checkout.

7.6. Price changes will apply only to renewals occurring after thirty (30) days from notice sent by e-mail, and you may cancel the Plan before the change takes effect.

7.7. If a payment is declined, further charge attempts will be made and access will be maintained for three (3) days. If the payment remains outstanding, access will be suspended until it is settled.

8. Automatic renewal and cancellation

8.2. EliteXCharts will send you an e-mail at least fifteen (15) days before each renewal of the annual Plan and at least seven (7) days before each renewal of the semiannual Plan, stating the date and amount of the charge, together with a link to manage or cancel the subscription.

8.3. You may cancel at any time through the customer portal available in your Account, without the need to state a reason.

8.4. Cancellation prevents the next renewal, and access remains available until the end of the period already paid, without prejudice to the refund right set out in Section 10. If you request the deletion of your Account, Section 17.3 applies.

8.5. The Lifetime Plan is not subject to renewal.

9. Trial period

9.1. The free trial period is granted by coupon, for the number of days stated in it, without requiring a payment method. EliteXCharts may also grant free access for a fixed period in other cases, such as Affiliate Program benefits and courtesy grants, and Section 9.2 applies to such access.

9.2. When the trial period ends, access is discontinued; the trial does not convert automatically into a paid Plan.

9.3. Each person is entitled to a single trial period, limited to one per Account.

10. Refunds and right of withdrawal

10.1. You may request a full refund of the amount paid, without the need to state a reason, within the period applicable to your country, counted from the date of purchase or, in the case of a renewal, from the date of the corresponding charge. This right applies to all Plans, including the Lifetime Plan, subject to Section 10.6.

10.2. Your country is your country of habitual residence, determined from the payment information, such as the country of issue of the payment method or the billing address, where provided. In case of doubt, EliteXCharts may ask you to provide proof of residence.

10.3. Requests shall be sent to contact@elitexcharts.com from the e-mail address registered to the Account. The amount will be refunded to the original payment method, and the corresponding access will be terminated, subject to Section 7.3 regarding founder pricing.

10.4. After the applicable period, there is no automatic right to a refund, and EliteXCharts may, at its discretion, review each request individually. Proven technical failures and duplicate charges will always be corrected.

10.5. Filing a payment dispute (chargeback) results in termination of access to the disputed Plan and cancellation of the corresponding subscription. You are encouraged to contact support first, since refunds within the applicable period are processed more promptly.

10.6. The refund right set out in Section 10.1 does not apply to the exchange of a current Plan for the Lifetime Plan, a transaction carried out at the initiative of a User who already uses the Platform and is familiar with its features. Any such request will be reviewed individually under Section 10.4, without prejudice to any rights that applicable law grants on a non-waivable basis.

11. Lifetime Plan

11.1. The Lifetime Plan grants you, for a one-time payment, access to the Platform and its updates, without recurring charges.

11.2. If the Platform is discontinued, EliteXCharts will keep its servers running and the service active for two (2) years from the notice of discontinuation, which will be sent by e-mail, so that you may continue to use the Platform normally.

11.3. EliteXCharts does not guarantee compatibility of the Application with operating systems or versions not yet released.

11.4. If you hold a current Recurring Plan, you may exchange it for the Lifetime Plan. In that case, the amount paid in the last charge of the Recurring Plan, less any refunds, will be credited against the current price of the Lifetime Plan, up to that price; any balance will be charged to the payment method on file, and the Recurring Plan will end without renewal. Refunds for this transaction are governed by Section 10.6.

11.5. The Lifetime Plan does not waive the requirements of Section 4, and EliteXCharts is not liable for the discontinuation of services provided by Rithmic or other third parties.

11.6. The license under the Lifetime Plan is personal and may be terminated in the cases set out in Section 17.

12. Third-party services and data

12.1. Certain features use data supplied by third parties, such as Gamma Levels, the economic calendar and market history. Such data is provided as received, without any guarantee of accuracy, completeness or timeliness, and its providers may be replaced.

12.2. Optional integrations, such as Google Drive, Dropbox, OneDrive, GexBot and artificial intelligence providers, are governed by the terms of the respective services and are enabled at your initiative.

13. Nature of the service

13.1. The Platform is analysis and execution software. EliteXCharts is not a broker, dealer, investment adviser or exchange, does not receive client funds, does not hold positions and does not trade on your behalf.

13.2. Every order sent through the Platform results from your decision, including orders triggered by Automation Tools you have configured.

13.4. You should also verify your positions and orders on your Broker’s platform. In the event of any discrepancy, your Broker’s records shall prevail.

14. Risk disclosure

14.1. Trading futures and other derivatives involves a substantial risk of loss, which may exceed the amount deposited, and is not suitable for every investor. You should trade only with funds you can afford to lose. Past performance is not indicative of future results.

14.2. Results obtained in market replay, simulation accounts or strategy tests are hypothetical and do not fully reflect factors such as liquidity, slippage, trading costs and live market conditions. The disclosure required by the Commodity Futures Trading Commission (CFTC Rule 4.41) follows:

14.3. Testimonials and trade examples published on the Website and in EliteXCharts content do not represent other users’ results and are not a guarantee of future performance.

15. Educational content and AI Assistant

15.1. Courses, articles, documentation and examples are for educational purposes only and do not constitute investment advice, an offer or a solicitation to buy or sell any asset.

15.2. The AI Assistant operates with your own API key, with the provider of your choice, and is subject to that provider’s terms. The answers generated may contain inaccuracies and do not constitute investment advice.

15.3. You shall not use the AI Assistant to attempt to obtain the internal logic of the Platform. Each attempt detected results in a warning to you, and a third attempt results in the Account being locked pending review by the EliteXCharts team.

16. Intellectual property

16.1. The Application, the Website, the EliteXCharts brand, texts, courses, images and other content are owned by or licensed to EliteXCharts. These Terms do not transfer to you any rights in them other than the license set out in Section 6.

16.2. Your settings, notes, trading journal and trading data remain yours.

16.3. Suggestions and feedback you submit may be used by EliteXCharts to improve the Platform, without any obligation of payment or attribution.

16.4. Third-party names such as Rithmic, CME Group and artificial intelligence providers are trademarks of their respective owners and are mentioned solely to identify compatibility, without implying partnership or endorsement.

17. Suspension, termination and Account deletion

17.1. EliteXCharts may suspend or terminate the Account, without refund, in the following cases:

• (a) sharing or reselling the Account;
• (b) breach of Section 6 or any attempt to circumvent the trial rules;
• (c) fraud, bad-faith payment disputes or abusive chargebacks;
• (d) repeated attempts to obtain the internal logic of the Platform through the AI Assistant;
• (e) unlawful use of the Platform, or a legal or court order.

17.2. Whenever possible, EliteXCharts will notify you in advance and give you an opportunity to cure the breach.

17.3. You may at any time cancel your Plan under Section 8 and delete your Account through My account → Delete account. A deletion request ends all open sessions, deactivates the Account for thirty (30) days and prevents the renewal of a Recurring Plan. You may withdraw the deletion request within that period, which happens when you sign in to the Account again; in that case, the Account and the current Plan continue normally, and the Recurring Plan resumes renewing automatically, unless you had already requested its cancellation. Without such withdrawal, access is not restored and, once that period has elapsed, the Account will be permanently deleted and anonymized, as described in the Privacy Policy, and the Plan will end. The remaining period of the Plan will not be refunded, without prejudice to the refund right set out in Section 10.

18. Disclaimer of warranties

18.1. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELITEXCHARTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE WITHOUT INTERRUPTION OR ERROR, OR THAT THE DATA DISPLAYED WILL ALWAYS BE ACCURATE OR REAL-TIME.

18.2. Latency, internet outages, maintenance, updates and failures of third parties, such as Rithmic, your Broker, the exchanges and cloud providers, may occur. EliteXCharts may modify, improve or remove features.

18.3. This Section does not exclude any warranty that the consumer protection laws of your country deem non-waivable.

19. Limitation of liability and indemnification

19.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELITEXCHARTS SHALL NOT BE LIABLE FOR TRADING LOSSES, LOST PROFITS, LOSS OF DATA OR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING THOSE ARISING FROM ORDER, DATA, CONNECTION OR RISK-TOOL FAILURES.

19.2. ELITEXCHARTS’ TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IN THE CASE OF THE LIFETIME PLAN, THE AMOUNT PAID FOR THAT PLAN.

19.3. You agree to indemnify EliteXCharts against third-party claims arising from your use of the Platform in breach of these Terms or the law.

19.4. The limitations in this Section do not apply to wilful misconduct or gross negligence and do not exclude rights that the consumer protection laws of your country deem non-waivable.

20. Governing law and dispute resolution

20.1. Before taking any action, you shall notify EliteXCharts of the dispute at legal@elitexcharts.com, and EliteXCharts shall have thirty (30) days to respond and propose a resolution.

20.2. These Terms are governed by the laws of the State of Delaware, United States of America.

20.3. If you reside in the United States of America, disputes shall be resolved by individual arbitration under the Consumer Arbitration Rules of the American Arbitration Association (AAA), and you waive the right to participate in class actions and to a jury trial. Claims within the jurisdiction of a small claims court may be brought in that court. You may opt out of this arbitration clause by notice sent to legal@elitexcharts.com within thirty (30) days of accepting these Terms.

20.4. Consumers residing in Brazil, in a European Union Member State or in the United Kingdom retain the protection afforded by the consumer protection laws of their country and may bring proceedings in the courts of their place of residence.

21. Changes to these Terms

21.1. Material changes to these Terms will be notified by e-mail at least thirty (30) days before they take effect, and EliteXCharts may ask you to accept the new version through the Application or the Website.

21.2. If you do not agree with the changes, you may cancel your Plan before their effective date, and the changes will not apply to the period already paid.

21.3. Editorial corrections that do not alter rights or obligations may be made without prior notice. The date shown at the beginning of this document identifies the version in force.

22. General provisions

22.1. These Terms, the Privacy Policy and the commercial terms presented at checkout constitute the entire agreement between the parties with respect to their subject matter. Participation in the Affiliate Program is also governed by the rules published on the corresponding page of the Website (elitexcharts.com/affiliates), including those on commissions, holding periods and reversals.

22.2. If any provision of these Terms is held invalid, the remaining provisions shall remain in full force and effect.

22.3. Failure to enforce any obligation shall not constitute a waiver of that obligation.

22.4. You may not assign your Account or your rights under these Terms. EliteXCharts may assign them in connection with a corporate reorganization or a sale of the business, upon notice to you.

22.5. Communications relating to the Account will be sent to the e-mail address you have registered.

22.6. These Terms are published in Portuguese and English. In the event of any inconsistency, the English version shall prevail, unless otherwise required by the laws of your country.