Draft, pending legal review. This document is a working draft and is not yet in effect. Bracketed items such as [STATE] still need to be completed.

Terms of Service

Effective date: [EFFECTIVE DATE] · Operator: [COMPANY NAME]

1. Agreement

These Terms of Service ("Terms") are an agreement between you and [COMPANY NAME] ("we", "us", "our"), the operator of TiltLab, including the desktop application, this website, the Trading floor (the "Floor"), the MyMentor marketplace (the "Marketplace") and related services (together, the "Service"). By creating an account, installing the software or using the Service, you agree to these Terms, our Privacy Policy and our Risk Disclosure. If you don't agree, don't use the Service.

2. Not financial advice; not a broker

TiltLab is software for trading practice, preparation, journaling, self-review and education. We are not a broker, futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator, investment adviser or financial planner, and we are not registered as any of these with the U.S. Commodity Futures Trading Commission (CFTC), the National Futures Association (NFA), the Securities and Exchange Commission or any state regulator.

3. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract, and you must not be barred from using the Service under applicable law. You're responsible for keeping your login credentials secure and for all activity under your account. Give us accurate information and keep your account email current; we use it for billing, security and service notices. Tell us promptly at [email protected] if you suspect unauthorised access. One person per account; accounts may not be shared or resold.

4. The software

5. Plans, billing and free trials

6. Cancellation and refunds

You can cancel at any time from your account settings or by contacting [email protected]. Cancellation stops future renewals; your Pro access continues until the end of the period you've already paid for, and your account then moves to the Free plan. Except where required by law or stated otherwise in writing, payments are non-refundable and we don't provide refunds or credits for partial periods or unused features. Data stored locally on your computer stays there after cancellation. For data held in our cloud, see the Privacy Policy.

7. MyMentor and the Marketplace

MyMentor lets you build a rule-based mentor that generates alerts. Pro users may offer a mentor to other users by subscription on the Marketplace. In this section a "Creator" is a user who lists a mentor, and a "Subscriber" is a user who subscribes to one.

7.1 Revenue share and payouts

7.2 Creator responsibilities

7.3 Verified track records

7.4 Subscribers

8. The Floor and user content

9. Acceptable use

You agree not to:

10. AI features

Some features (for example the AI mentor) use large language models provided by third parties, including Anthropic. AI output is generated automatically and can be wrong, incomplete, outdated, inconsistent or misleading, including about prices, levels and events. It is not advice and is not reviewed by a human before you see it. Don't rely on AI output for trading decisions; check anything important yourself. Don't enter sensitive personal information into AI features. What you send to an AI feature is processed by our AI provider as described in the Privacy Policy.

11. Prop-firm and broker features

Protect and related features track account limits that you configure. We are not affiliated with, endorsed by or acting for any proprietary trading firm, broker or platform, including NinjaTrader and Tradovate. Firms set and change their own rules and calculate limits their own way; our tiles are estimates based on your inputs and available data and may differ from your firm's figures. Your firm's records are always authoritative. We're not responsible for failed evaluations, account breaches, lost payouts or fees. Broker connections such as Tradovate sync are read-only: they read fills, positions and balances and can't place, change or cancel orders. You're responsible for keeping any broker credentials you enter on your own computer secure.

12. Hypothetical performance

Replay results, backtests, drill scores, MyMentor tests and Marketplace track records are hypothetical or simulated. The following disclaimer, required by CFTC Rule 4.41, applies to all of them:

Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown.

13. Intellectual property

The Service, including software, design, text, graphics, mentors we provide and trademarks, is owned by [COMPANY NAME] or its licensors and protected by law. Apart from the licence in section 4 and your rights in your User Content, these Terms give you no rights in the Service. If you believe content on the Service infringes your copyright, send a notice to [email protected] with the information required by the U.S. Digital Millennium Copyright Act. [DMCA AGENT DETAILS TO BE ADDED.]

14. Third-party services

The Service works with third-party products and services, such as NinjaTrader, Tradovate, data providers, Stripe, Supabase, Anthropic, Render and Cloudflare. Their availability, accuracy and terms are their responsibility, not ours, and your use of them is governed by your agreements with them. We're not liable for outages, data errors or changes on their side.

15. Disclaimers

The Service is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and uninterrupted or error-free operation. We do not warrant that alerts, warnings, statistics, account tiles or any other output will be timely, complete or correct, or that the Service will help you avoid losses or achieve any result. Some jurisdictions don't allow certain disclaimers, so some of these may not apply to you.

16. Limitation of liability

To the maximum extent permitted by law, [COMPANY NAME] and its officers, employees and suppliers will not be liable for any trading losses, lost profits, lost data, failed evaluations or account breaches, or for any indirect, incidental, special, consequential, exemplary or punitive damages, arising from or related to the Service, even if advised of the possibility. Our total liability for all claims relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim arose and one hundred U.S. dollars (US$100).

17. Indemnity

You agree to defend, indemnify and hold harmless [COMPANY NAME] and its officers, employees and agents from claims, losses and expenses (including reasonable legal fees) arising from your User Content, your Marketplace listings, your trading, your breach of these Terms or your violation of law or of anyone's rights.

18. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or end your access, remove listings or withhold payouts if you breach these Terms, if required by law, or to protect users or the Service. Where reasonable we'll tell you why. Sections that by their nature should survive termination (including 2, 7.1 for amounts owed, 8, 12, 13 and 15 to 19) survive.

19. Governing law and disputes

These Terms are governed by the laws of the State of [STATE], United States, without regard to its conflict-of-law rules. Subject to any arbitration agreement below, the state and federal courts located in [STATE] have exclusive jurisdiction, and you and we consent to their jurisdiction. [ARBITRATION AND CLASS-ACTION WAIVER: TO BE DECIDED WITH COUNSEL.] Nothing in these Terms limits rights you have under consumer protection laws that can't be waived.

20. Changes, general terms and contact

We may update these Terms. For material changes we'll give notice by email or in the app at least 14 days before they take effect, except where a change is required by law sooner. Continuing to use the Service after changes take effect means you accept them. If any part of these Terms is unenforceable, the rest remains in effect. These Terms, with the Privacy Policy and Risk Disclosure, are the entire agreement between you and us about the Service. You may not transfer these Terms; we may transfer them in connection with a merger, acquisition or sale of assets. Our failure to enforce a provision isn't a waiver.

Contact: [COMPANY NAME], [email protected]. [POSTAL ADDRESS.]