End-User License Agreement

1. Definitions

"Software" means the BreakEven Trail Add-On for NinjaTrader® 8, version 1.2.0 and any subsequent updates, including all source files, compiled files, documentation, and associated materials provided by the Company.

"License" means the limited, non-exclusive, non-transferable right to use the Software as described in this Agreement.

"NinjaTrader®" means the trading platform developed and owned by NinjaTrader Group, LLC, which is not affiliated with or responsible for the Software.

"Device" means a single personal computer owned or controlled by you.

"Free Trial" means a period of seven (7) calendar days during which you may use the Software without payment, after which a valid paid License is required.

2. Grant of License

Subject to your compliance with this Agreement and payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, personal License to:

• Install and use one (1) copy of the Software on one (1) Device that you personally own or control;
• Use the Software solely for your personal, non-commercial trading activities;
• Access software updates provided by the Company during the License period.

This License is personal to you. It is tied to your NinjaTrader® account email address and cannot be transferred to another person or account.

License Activation Timeline. Upon successful payment, your license will be activated within twenty-four (24) business hours. You will receive a confirmation email at the address provided at checkout with instructions to verify your license is active. If you do not receive confirmation within 24 business hours, contact support@breakeventrail.com.

3. License Restrictions

You may NOT, and you agree not to permit any third party to:

• Copy, reproduce, duplicate, or distribute the Software in any form;
• Sell, resell, rent, lease, lend, sublicense, or otherwise transfer the Software or any rights therein to any third party;
• Reverse engineer, decompile, disassemble, decrypt, or attempt to derive the source code of the Software, except to the extent permitted by applicable law;
• Modify, adapt, translate, or create derivative works based on the Software;
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Software;
• Use the Software to develop a competing product or service;
• Use the Software in any automated trading system without active human supervision;
• Share, post, or make available your license credentials to any other person.

4. Intellectual Property

The Software, including all code, algorithms, documentation, visual elements, and the BreakEven Trail™ trademark, are and remain the exclusive property of Romeox Capital LLC DBA BreakEven Trail. This Agreement grants you only a limited License to use the Software; it does not transfer title or ownership of any kind.

The Software is protected by United States copyright law (17 U.S.C. § 101 et seq.), the Defend Trade Secrets Act (18 U.S.C. § 1836), and the Digital Millennium Copyright Act (17 U.S.C. § 1201). The compiled Software includes code protection technology. Any unauthorized circumvention of these protections constitutes a violation of applicable law and this Agreement.

NinjaTrader® is a registered trademark of NinjaTrader Group, LLC. No NinjaTrader company has any affiliation with the owner of the BreakEven Trail software and has not endorsed or approved the BreakEven Trail software.

5. Free Trial

The Software may be used free of charge for a period of seven (7) calendar days from the date of first activation ("Free Trial Period"). Upon expiration of the Free Trial Period, continued use of the Software requires purchase of a paid License. The Company reserves the right to modify or discontinue the Free Trial at any time with notice.

6. Trading Risk Disclaimer

The Software is designed to assist with stop-loss placement mechanics only. The decision of whether, when, and how to trade remains entirely yours. The Company makes no representation that use of the Software will result in profits or reduce losses. An investor could lose all or more than their initial investment. Only risk capital—money that can be lost without jeopardizing financial security or lifestyle—should be used for trading.

NFA Rule 2-29(c) — Hypothetical or simulated performance results have inherent limitations. Unlike actual performance records, simulated results do not represent actual trading. No representation is being made that any account will or is likely to achieve profits or losses similar to those described in any marketing materials for this Software.

7. Disclaimer of Warranties

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Software will meet your requirements or expectations;
• Warranties that the Software will be uninterrupted, error-free, or free of viruses or harmful components;
• Warranties regarding the accuracy, reliability, or completeness of any results obtained through use of the Software.

You acknowledge that the Software operates within the NinjaTrader® platform, over which the Company has no control, and that the Company is not responsible for any failures, interruptions, or errors originating from that platform, your broker, data feeds, or internet connectivity.

8. Limitation of Liability

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, business, or goodwill;
• Trading losses of any kind, whether or not the Company was advised of the possibility of such damages.

IN ALL CASES, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE LICENSE in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. To the extent such limitations are not permitted by applicable local law, the above limitations apply only to the fullest extent permitted by law.

9. Refund Policy

We offer a 7-day free trial so you can evaluate the Software before purchasing. Due to the digital nature of the Software and the fact that it can be downloaded and used immediately upon purchase, all sales are final after the Free Trial Period.

Refund requests made within seven (7) days of the initial paid purchase date, where the Software has been found to be materially defective or non-functional despite proper installation and use in a supported environment, will be evaluated on a case-by-case basis. To request a refund, contact support@breakeventrail.com with your order information and a description of the issue.

EU RESIDENTS: If you are a consumer located in the European Union, you have the right to withdraw from this contract within 14 days without giving any reason, UNLESS you have expressly consented to the commencement of the performance of the digital content before the end of the withdrawal period and acknowledged that you thereby lose your right of withdrawal. By clicking the purchase confirmation checkbox at checkout, you provide such consent and acknowledgment.

10. Term and Termination

This Agreement is effective from the date you first use or install the Software and continues until terminated.

The Company may terminate this License immediately and without notice if you:

• Breach any provision of this Agreement;
• Attempt to reverse engineer, redistribute, or circumvent the licensing system;
• Initiate a fraudulent chargeback or payment dispute.

Upon termination, you must immediately cease all use of the Software and delete all copies in your possession. Sections 4, 6, 7, 8, 11, and 12 survive termination.

Your paid License, once activated, is a lifetime license to use the version(s) available at the time of purchase. Updates are provided at the Company's discretion and are included while reasonably practicable.

11. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be resolved by binding arbitration administered in Miami-Dade County, Florida, in accordance with the American Arbitration Association (AAA) Consumer Arbitration Rules. The arbitration shall be conducted in English. The decision of the arbitrator shall be final and binding. Each party shall bear its own costs.

Nothing in this Section prevents either party from seeking emergency injunctive or other equitable relief in a court of competent jurisdiction in Miami-Dade County, Florida to protect intellectual property rights or prevent irreparable harm.

12. International Use

The Software is provided from the United States. The Company makes no representation that the Software is appropriate or available for use in all jurisdictions. You are responsible for compliance with all local laws applicable in your country of residence, including any laws that govern the import or use of software, futures trading, or financial tools.

To the extent that applicable local law grants you consumer rights or remedies that cannot be excluded or limited by contract, those rights are not affected by this Agreement. All other limitations and exclusions in this Agreement apply to the maximum extent permitted by your applicable local law.

13. Privacy

The Software's license verification system is operated by NinjaTrader, LLC through their ecosystem platform. By using the Software, your NinjaTrader® account email address is used to validate your license. The Company does not collect additional personal data beyond what is provided at checkout through our payment processor, Lemon Squeezy, who acts as Merchant of Record. Please review Lemon Squeezy's Privacy Policy and our Privacy Policy at breakeventrail.com/privacy for details on how your data is handled.

If you are located in the European Economic Area (EEA), you may have additional rights under the General Data Protection Regulation (GDPR), including the right to access, correct, or delete your personal data. Contact support@breakeventrail.com for any data requests.

14. Third-Party Platform Relationship

The Software is designed to function as an add-on within the NinjaTrader® 8 desktop trading platform. NinjaTrader Group, LLC is a separate, independent company. The Company has no control over the NinjaTrader® platform and is not responsible for changes, updates, or discontinuation of that platform that may affect the functionality of the Software.

NinjaTrader® is a registered trademark of NinjaTrader Group, LLC. No NinjaTrader company has any affiliation with Romeox Capital LLC DBA BreakEven Trail and has not endorsed or approved the BreakEven Trail software or this Agreement.

15. General Provisions

Entire Agreement. This Agreement constitutes the entire agreement between you and the Company with respect to the Software and supersedes all prior agreements, representations, and understandings.

Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

No Waiver. Failure to enforce any provision of this Agreement shall not constitute a waiver of the Company's right to enforce that or any other provision in the future.

Updates to this Agreement. The Company reserves the right to modify this Agreement at any time. Continued use of the Software after notice of material changes constitutes acceptance of the revised Agreement. The current version will be available at breakeventrail.com/legal/eula.

Language. This Agreement is written in English. Any translations are provided for convenience only. In the event of conflict, the English version controls.

16. Contact Information