Agreement Regarding the Trade ATS Software and Educational Materials

THIS Nondisclosure Agreement (the “Agreement”) is made and entered into as of [Date], by and between Trade ATS (the “Company”) and the undersigned Trade ATS software user (the “Recipient”) (collectively, the “Parties”).

1. Definitions

Confidential Information: All non-public information disclosed by the Company to the Recipient, including but not limited to: production of legal materials, software development and design, business or software architecture, software not yet known to the public, clients or prospective clients, internal communications, events, or meetings, research, development, operations, marketing, transactions, regulatory affairs, discoveries, inventions, methods, processes, articles, materials, algorithms, formulas, specifications, designs, drawings, data, strategies, plans, prospects, know-how, and ideas, whether tangible or intangible, and including all copies, analyses, and other derivatives thereof.

2. Obligations of the Recipient

The Recipient agrees:
1. Non-Disclosure: Not to disclose any Confidential Information or any information derived therefrom to any third person.
2. Protection: To keep the Company’s Confidential Information confidential and take all reasonable precautions to protect its confidentiality, using at least the same degree of care as it uses to protect its own confidential information, but not less than a reasonable degree of care.
3. Use Limitation: Not to use any Confidential Information for any purpose other than to advance the legitimate business interests of the Company under written or oral instruction of the Company’s authorized officers.

3. Ownership and Rights

All rights, title, and interest in and to the Confidential Information remain with the Company or its licensors. Nothing in this Agreement grants any rights to the Recipient under any patents, copyrights, trademarks, or trade secrets of the Company.

4. Governing Law

The validity, construction, and enforceability of this Agreement shall be governed by the laws of the State of California, other applicable US state laws, and international law.

5. Amendments

This Agreement may only be amended in writing, signed by a duly authorized representative of both Parties.

6. Waiver

The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

Terms of Service for Trade ATS Software and Educational Materials

1. Rental Agreement: Trade ATS software and educational videos/materials/programs are rented on a month-to-month basis, with payments automatically deducted each month from the Recipient's credit card.
2. Personal Use: The Trade ATS software and educational materials are for personal use only and shall not be used for commercial purposes.
3. Licensing: A single agreement and subscription cover the use of the Trade ATS software on up to two devices or machines. Multiple licenses must be obtained for additional devices or machines.
4. Security and Privacy: The Recipient must maintain a high level of security around the software and community activities. Posting screenshots or discussing the Trade ATS name, software, or educational materials on public platforms is prohibited without written authorization from Trade ATS staff.
5. Cancellation: Trade ATS reserves the right to cancel all subscriptions and services at any time and for any reason, with a full or prorated refund for the current month's services.
6. No Guarantees: Trade ATS, its instructors, and affiliates do not guarantee trading success. The Recipient understands that all trading outcomes are their sole responsibility, and Trade ATS will not be liable for any losses.

High Risk Investment Warning

Trading foreign exchange on margin carries a high level of risk and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. You could sustain a loss exceeding your initial investment. Consider your investment objectives, experience, and risk appetite carefully, and seek advice from an independent financial adviser if needed.

Trade ATS Rental Agreement

1. Subscription Billing:** Initial subscription billing occurs immediately upon agreement execution and completion of the checkout process, covering service for the upcoming month. Subsequent monthly subscriptions will be billed on or around the same date each month.
2. License Terms:** A single-user license covers the use of Trade ATS software on up to two unique IP addresses or machines.
3. Cancellation and Refunds:** Trade ATS reserves the right to cancel subscriptions and services at any time, with a full or prorated refund for the current month’s services. Trade ATS may change the rental cost with a 30-day notice to the Recipient.

Terms and Conditions

1. Limited License:** The Company grants a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license to use the Services for their intended purposes. Scraping, framing, hacking, reverse engineering, crawling, or aggregating the Services is prohibited without prior written consent from the Company.

2. Prohibited Uses:** The Services must not be used to violate any laws or third-party rights, including intellectual property, privacy, and other personal or proprietary rights. Unauthorized commercial emails, scraping, crawling, or DOS attacks are also prohibited.

3. Education:** The Company provides information for general informational and educational purposes only and does not offer investment advice. The Company disclaims liability for any decisions made based on the information provided.

4. Account Creation:** Personal information must be provided to register as a Trader. Maintaining the confidentiality of account credentials is the Trader's responsibility.

5. Purchases and Refunds:** The Company provides no refunds on Services. Prices and availability are subject to change without notice.

6. Trademarks:** Unauthorized use of the Company’s trademarks, trade names, design marks, or logos is prohibited.

7. Risk Disclosure:** Trading involves substantial risk, and the Company is not liable for any trading losses incurred.

8. Term and Termination:** The Agreement continues until terminated by either party. The Company reserves the right to terminate Services or access to its website at its discretion.

9. Disclaimer of Warranties and Limitation of Liability:** The Services are provided "as-is" without any warranties. The Company’s liability is limited to the amount paid for the Services or $1,000, whichever is less.

10. Indemnification:** The Trader agrees to indemnify and hold the Company harmless from any claims, damages, or expenses arising from their use of the Services or violation of this Agreement.

11. Arbitration:** Any disputes arising from this Agreement will be settled by arbitration in Nevada, applying Nevada law.

12. Force Majeure:** The Company is not liable for any delays or failures resulting from events beyond its control.

13. Survivability:** Provisions regarding intellectual property, confidentiality, indemnification, and limitation of liability survive the termination of this Agreement.

14. Severability:** If any provision is deemed invalid, the remaining provisions remain in effect.

15. Assignment:** The Trader may not assign this Agreement without the Company's consent. The Company may assign its rights and duties under this Agreement.

16. Waiver:** No waiver of any term or condition of this Agreement shall be valid unless in writing and signed by the waiving party.

17. Entire Agreement:** This Agreement constitutes the entire agreement between the Company and the Trader, superseding all prior agreements.

ATS Capitol Partners LLC / Prop Account LLC Agreement

1. Purpose:** To set forth the terms and conditions under which the Trader may trade the Prop Company’s capital.

2. Services Provided:** Upon acceptance and qualification, the Prop Company will create and fund a trading account for the Trader.

3. Trader Representations:** The Trader must be of legal age, competent, and not rely on the Prop Company for investment advice. The Trader must not violate any applicable laws or contracts and must comply with all terms and conditions.

4. Account Management:** The Trader must maintain the confidentiality of account credentials and adhere to risk management and program rules. Unauthorized trading or actions jeopardizing the relationship with brokers will result in account termination.

5. Profit Splits and Withdrawals:** Profit splits and withdrawals are detailed in the Welcome Email. Withdrawals are processed on demand but no more than once every 30 days, with documentation required for processing.

6. Transmission of Orders:** The Prop Company is not responsible for delays in order transmission due to communication failures.

7. Position and Trading Limits:** The Prop Company reserves the right to limit the number of open positions and refuse orders.

8. Trading Hours:** Trading hours are subject to change, and the Trader will be informed of any modifications.

9. Modification of Terms:** The Prop Company may modify terms and conditions or risk management rules at any time, effective upon notice.

10. Independent Contractor:** The Trader acts as an independent contractor and is not an employee or agent of the Prop Company.

11. Indemnification:** The Trader agrees to indemnify the Prop Company from any losses or claims arising from illegal actions or breaches of this Agreement.

12. Intellectual Property and Confidentiality:** All intellectual property remains the exclusive property of the Prop Company. The Trader must protect the confidentiality of such information and not misuse it.

13. Interruption of Service:** The Prop Company and its affiliates disclaim all warranties regarding the trading environment and are not liable for service interruptions.

14. Limitation of Liability:** The Prop Company is not liable for indirect, special, incidental, punitive, or consequential damages. Liability is limited to the amount of profit generated by the Trader.

15. Force Majeure:** The Prop Company is not liable for delays or failures caused by events beyond its control.

16. Miscellaneous:** This Agreement constitutes the entire agreement between the parties, and modifications must be in writing. The Agreement is governed by Cayman Islands law, and any disputes will be resolved in Cayman Islands courts. The prevailing party in litigation is entitled to attorneys' fees and costs.

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Affiliates and Liability

Trade ATS and ATS Capitol Partners

are affiliates of Prop Account LLC. Prop Account LLC owns the prop firm and enforces all prop account execution, funding, payouts, and challenge rules. Prop Account LLC holds all liability for delivering prop account-related services, financial and technical.

By purchasing products and services from Trade ATS/ATS Capital Partners and Prop Account LLC, you are agreeing to these terms of service and accept all liabilities related to these services.