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TERMS AND CONDITIONS

Last Updated: May 8, 2025

Introduction

Welcome to ScalperIQ.com. This Site is owned and operated by ScalperIQ LLC (“ScalperIQ,” “we,” or “us”). These Terms and Conditions (“Terms”) govern your use of our Site and the services provided through it (hereafter referred to as “the Site”). These Terms include information about the scope of services, acceptable use, licensing, and intellectual property. Please read these Terms carefully. By using the Site, you consent to these legally binding Terms as well as our Privacy Policy, which is hereby incorporated.

Scope of Services

The Site provides educational materials, trading resources, indicators, and other educational content related to trading and investment strategies. ScalperIQ LLC and its team members are not licensed financial advisors and do not hold any formal certifications to provide financial advice. All materials and tools offered through the ScalperIQ LLC website, trading resources, indicators, and educational content are intended strictly for informational and educational purposes only and should not be interpreted as financial advice. 

You understand and acknowledge that trading involves substantial risk, and financial losses are possible. You alone bear full responsibility for any and all trading decisions you make, including decisions regarding the buying, selling, or holding of financial instruments. Past performance is not indicative of future success. 

Any simulated or hypothetical trading results presented on the Site are inherently limited and do not represent actual trading performance. These results are based on historical data and may not accurately reflect real-world market conditions, including but not limited to liquidity constraints, price slippage, or market volatility. Simulated results may also be based on ideal market conditions and may not account for factors such as transaction costs, execution delays, or the user’s ability to adhere to a specific trading strategy. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. 

ScalperIQ LLC provides no assurances or guarantees regarding the accuracy, reliability, or effectiveness of any information, indicators, or tools provided through the Site. You acknowledge that your use of these resources is at your own discretion and risk. ScalperIQ LLC does not guarantee that you will achieve profits or specific outcomes by using the Site.

Furthermore, you acknowledge that ScalperIQ LLC tools may operate on third-party platforms such as MotiveWave®, EdgeProX®, and NinjaTrader®. MotiveWave® is a registered trademark of MotiveWave Software Inc. EdgeProX® is a registered trademark of Edge Clear LLC. NinjaTrader® is a registered trademark of NinjaTrader, LLC. ScalperIQ LLC is not affiliated with or endorsed by MotiveWave®, EdgeProX®, NinjaTrader®, or any other third-party service provider, and we make no representations or warranties regarding their services or platforms. Your use of such third-party platforms is subject to their respective terms and conditions. ScalperIQ does not guarantee the continuous or error-free operation of its software on these platforms and compatibility may change due to updates on either side.

Consent and Capacity

In order to use our services, you must be at least eighteen years of age. Your use of our services is conditioned on your acceptance of these Terms, and your continued use signifies your ongoing agreement to these Terms. If you do not agree with these Terms, please discontinue your use of the Site. By using our services, you warrant that you are entering into a binding contract with ScalperIQ LLC. Areas of the Site may also be subject to additional terms. Any additional terms are not intended to replace or supersede these Terms, but rather supplement these Terms in those specific areas. Please take the time to familiarize yourself with the additional conditions of those areas before accessing them.

You must affirmatively agree to these Terms before completing any purchase through our payment processor (Stripe), and again during the software installation process. You will be presented with a checkbox at checkout and a click-to-accept prompt in the installer. Your continued use of the software constitutes acceptance of all applicable terms.

Intellectual Property Rights

ScalperIQ’s trademarks, trade names, logos, and other intellectual property incorporated into the Site, including its "look and feel," are the sole property of ScalperIQ LLC or its licensors and are protected under copyright, trademark, trade secret, and other intellectual property laws. Copying or distributing any material, illustrations, photographs, video, or content from the Site without our express written consent is strictly prohibited. Additionally, any use that constitutes an infringement of any of the above-stated intellectual property rights is prohibited. We, in our sole discretion, reserve the right to remove any content or take any steps deemed appropriate to protect such rights.

User Responsibilities

Users of the Site agree to the following guidelines: 

  1. You will keep your username and password confidential and will not share this information with any other person.

  2. You will not use another user’s login and registration information.

  3. You will not create fake accounts for the purpose of spamming users or visitors, collecting personal information with or without consent, or any other deceptive practices.

  4. You will not circumvent, evade, disable, or otherwise interfere with the security of the Site.

  5. You will not infringe the intellectual property rights of ScalperIQ or others.

  6. You will not reverse engineer, decompile, or disassemble any part of the Site or any software provided through it.

  7. You will comply with all applicable laws and regulations while using the Site and you agree you will not use the Site for any illegal, harmful, or unauthorized purpose.

  8. You will not engage in any automated data collection, including scraping, without the express written permission of ScalperIQ.

  9. If you post any content on or about the Site, you agree that it will not be offensive, defamatory, infringing, or otherwise violate these Terms or the rights of any third party.

  10. You will comply with ScalperIQ LLC’s Software License Agreement.

  11. You will not redistribute the ScalperIQ LLC Software, Site materials or content, or use them for any commercial purpose.

Additionally, to access certain portions of the Site, you may be required to provide information. The information you provide must be truthful, accurate, and complete. The information you provide is subject to our Privacy Policy, which is hereby incorporated into these Terms. 

Trade Secret Protection for Downloaded Software

Subscribers who download any software from the Site acknowledge and agree that the underlying code and structure of the software constitute valuable trade secrets of ScalperIQ LLC. By downloading and using the software, you agree that you will not:

  1. Use the software code for any purpose other than your own internal educational use as explicitly permitted by your subscription.

  2. Share, distribute, disclose, or otherwise make the software code or any portion thereof available to any third party for any reason whatsoever.

  3. Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the software, except to the extent expressly permitted by applicable law, and in such event, any information so obtained shall be deemed the confidential information and trade secrets of ScalperIQ.

  4. Create derivative works based upon the software code.

This trade secret protection shall survive the termination of these Terms or your subscription. You acknowledge that any unauthorized use or disclosure of the software code will cause irreparable harm to ScalperIQ LLC, for which monetary damages may be inadequate, and that ScalperIQ shall be entitled to seek injunctive and other equitable relief to protect its trade secrets.

Refund Policy and Subscription Terms

We offer monthly and annual subscription plans. By subscribing, you authorize ScalperIQ LLC to automatically charge your payment method via Stripe at the beginning of each subscription period until you cancel.

All payments are non-refundable. This includes partial months, unused periods, or downgrades. You may cancel your subscription at any time via the Stripe customer portal, but no prorated refunds will be provided.

Payment processing for subscriptions and purchases on the Site is facilitated by Stripe, our third-party payment processor. By providing your payment information and completing a purchase, you acknowledge and agree that your payment will be processed by Stripe and that you have read, understood, and agree to be bound by Stripe's terms of service and privacy policy, which are available on Stripe's website. You expressly consent to us providing relevant transaction information to Stripe for the purpose of processing your payments. You are responsible for ensuring that the payment information you provide is accurate and up-to-date. ScalperIQ LLC is not responsible for the processing of your payment by Stripe, and any issues related to payment processing should be directed to Stripe in accordance with their terms and conditions.

Your right to use the ScalperIQ software is conditional upon an active, fully paid subscription. If your subscription is canceled or a payment fails, your license to access and use the software will be revoked immediately.

Free Trial Terms

We may offer free trials of the ScalperIQ software for a limited period. Free trials do not require upfront payment details and will not automatically convert into a paid subscription. At the end of the trial period, access to the ScalperIQ software will expire unless you sign up for a paid plan.

We reserve the right to terminate or limit your trial access at any time and for any reason, including suspected abuse of the trial offering. Trial access is provided "as-is" without warranties of any kind.

Account Suspension and Termination

ScalperIQ reserves the right to suspend or terminate your account or access to the Site, with or without notice, at its sole discretion, for any reason, including but not limited to a payment failure or breach of these Terms or the Acceptable Use Policy. If you wish to terminate your account (if applicable), please follow the procedures outlined on the Site. Upon termination, your access to certain features and content may be revoked.

Third-Party Links and Content

The Site may contain links to third-party websites or include content from third parties. ScalperIQ is not responsible for the content, accuracy, or practices of these third-party websites or content. Your interactions with such third parties are solely between you and the third party, and ScalperIQ will not be liable for any loss or damage arising from such interactions.

Testimonials Disclaimer

Testimonials featured on the Site reflect the experiences and opinions of individual users of ScalperIQ’s market simulation services. The testimonials or endorsements of ScalperIQ's services or products on this Site may not reflect the typical experience of all users. We make no claim, and you should not assume, that all users will achieve the same results.

These testimonials are not intended, nor should they be interpreted, as guarantees of specific outcomes or results in actual trading, investing, or other financial decision-making. Market simulation results are hypothetical and do not represent live trading. The results described in testimonials can vary significantly based on individual experience, skill level, and prevailing market conditions.

We do not independently verify the accuracy or reliability of any testimonial, and we assume no responsibility for their content. Testimonials may be edited for clarity, conciseness, or grammatical accuracy

Modifications to the Site

ScalperIQ reserves the right to modify, suspend, or discontinue any aspect of the Site at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

Data Privacy and Security

We are committed to protecting the privacy and security of your personal information. Our practices regarding the collection, use, and disclosure of your data are described in detail in our Privacy Policy, which is hereby incorporated into these Terms. By using the Site and our services, you acknowledge that you have read and understand our Privacy Policy.

While we implement reasonable security measures designed to protect your information, please be aware that no method of transmission over the internet or method of electronic storage is completely secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. You acknowledge and agree that you provide information to us at your own risk. In the event of a security breach, we will comply with applicable data breach notification laws.

Disclaimer

THE SITE, ITS CONTENT, AND ALL THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND. YOU ACCESS THE SITE AT YOUR OWN RISK, UNDERSTANDING THAT SCALPERIQ LLC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SCALPERIQ LLC EXPLICITLY STATES THAT THE INFORMATION PROVIDED ON THIS SITE IS FOR EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS FINANCIAL OR INVESTMENT ADVICE. YOU SHOULD CONSULT WITH A QUALIFIED FINANCIAL ADVISOR BEFORE MAKING ANY INVESTMENT DECISIONS. SCALPERIQ LLC WILL NOT BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGE THAT MAY ARISE FROM YOUR USE OF THIS SITE OR RELIANCE ON ITS CONTENT. SCALPERIQ LLC DISCLAIMS ANY AND ALL WARRANTIES PERTAINING TO THE ACCURACY AND USEFULNESS OF THE MATERIALS, CONTENT, SOFTWARE, OR SERVICES PROVIDED VIA THE SITE. SCALPERIQ LLC MAKES NO PROMISES OR REPRESENTATIONS THAT OUR SOFTWARE IS FREE FROM VIRUSES, MALWARE, OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION.

THIS SECTION APPLIES TO YOU TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW. 

Limitation of Liability

TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, SCALPERIQ LLC DOES NOT ACCEPT LIABILITY FOR LOSS OR DAMAGE OF ANY KIND, BE IT DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, ACTUAL, PUNITIVE, OR OTHERWISE, WHETHER IT ARISES FROM PERSONAL INJURY, FINANCIAL LOSS, DATA LOSS, OPPORTUNITY LOSS, THIRD-PARTY USE OR MISUSE, AGGREGATE SERVICE, PERSONAL DISSATISFACTION, OR ANY OTHER DAMAGE RESULTING FROM YOUR USE OF THE SITE OR RELIANCE ON ITS CONTENT. THE FULL ASSUMPTION OF RISK AND THEREFORE RESPONSIBILITY LIES WITH YOU, THE USER AND VISITOR. SCALPERIQ LLC, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES, ASSIGNORS, AND LICENSORS WILL NOT BE HELD LIABLE IN ANY EVENT. FOR JURISDICTIONS IN WHICH STATUTORY LAW PROHIBITS THE LIMITATION OF CERTAIN TYPES OF LIABILITY RELATED TO THE GROSS NEGLIGENCE OF A PARTY, SCALPERIQ LLC’S LIABILITY IS LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

Indemnification

You agree to indemnify and hold harmless ScalperIQ LLC, its directors, shareholders, employees, representatives, agents, subsidiaries, assignors, and licensors from and against any lawsuits, disputes, claims, proceedings, demands, costs, or expenses (including reasonable attorneys' fees) related to or stemming from any use of the Site, your content, your breach of these Terms, the Acceptable Use Policy, the Trade Secret Protection provisions, and any other policies incorporated into this agreement, or your violation of any law or the rights of a third party.

Choice of Law

These Terms and any disputes arising from the use of the Site are governed by and construed according to the laws of the State of Texas, without regard to its conflict of law principles. Each party agrees to submit to the exclusive jurisdiction of the state and federal courts located in Austin, Texas, and that the State of Texas has personal jurisdiction over the matter. 

Dispute Resolution

We believe that it is beneficial to all parties to quickly resolve any potential disputes as efficiently and cost-effectively as possible. In line with this belief, you agree that any disputes arising from your use of the Site will be handled and resolved according to the provisions of these Terms, unless otherwise explicitly stated. If a dispute arises, you agree to first contact us at info@scalperiq.com and attempt to resolve any such issues informally. If informal attempts fail, you agree to submit any claim, dispute, or controversy to binding arbitration administered by the American Arbitration Association in Austin, Texas, in accordance with its Commercial Arbitration Rules. 

YOU AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL YOU MAY HAVE IN ANY AND ALL JUDICIAL PROCEDURES AND PROCEEDINGS RELATED TO ANY DISPUTE ARISING FROM YOUR USE OF THE SITE UNDER THESE TERMS.

ALL PARTIES WAIVE THEIR RIGHTS TO PRESENT CLAIMS IN A CLASS ACTION SUIT.

Entire Agreement

These Terms (including the Privacy Policy and any other policies or agreements referenced herein) constitute the entire agreement between you and ScalperIQ LLC with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and ScalperIQ LLC.

Force Majeure

ScalperIQ LLC shall not be liable for any failure to perform its obligations under these Terms due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials, or failure of telecommunications or internet service providers.

Severability

If any portion of these Terms is deemed unenforceable, void, or invalid for any reason, the remaining provisions of these Terms will remain unaffected and will not be considered unenforceable, void, or invalid. They will maintain the full force of law to the extent possible. 

Changes to These Terms

We may update these Terms from time to time. If any updates are made to these Terms, they will be posted here. Additionally, if material changes are made, we will notify you via a notice posted on the Site, and registered users will receive an additional email. Please check this page frequently for updates. By continuing to use the site after an update, you are agreeing to the updated Terms. 

Communications

By using the Site, you consent to receive electronic communications from us, which may include emails and notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Contact Us

If you have any questions, comments, or concerns about these Terms or our services, please contact us via email at info@scalperiq.com, or by mail at 701 Tillery St. #12, Mailbox #223, Austin, Texas 78702. 

Effective Date: May 8, 2025