1. Company Information

NexTick360, Inc. — a Delaware corporation, United States.

2. Description of Service

NexTick360 provides:

• Trading software for Windows: charts, indicators, footprint, DOM, chart trading, an order panel with ATM brackets, and multi-monitor workspaces
• Risk tools: limits, prop firm rule tracking and guardrails
• A trading journal with analytics, on the desktop and the web
• Coaching tips and an AI coach
• Sharing your journal with a coach, read-only

NexTick360 sends orders to your broker through your own broker connection, only when you act or under ATM brackets and guardrails you set up. It never places orders on its own, and its AI cannot place orders. NexTick360 is not a broker and does not execute, clear or settle any trade or hold any funds.

3. Trading Through NexTick360

Your broker's records. Orders go through your connection to your broker and are executed by your broker. Your broker's records of orders, fills, positions and balances are the official record. NexTick360 checks its view of your account against your broker's on every connect and reconnect; where they differ, your broker's record is correct. You are responsible for checking your working orders and positions, especially after a disconnect.

ATM brackets and guardrails. Once your entry fills, an ATM bracket sends the stop and target orders you configured. Guardrails can refuse new orders or lock trading at limits you set. These are tools, not guarantees: in fast markets, gaps or disconnects, orders may fill beyond their prices or not be sent, and a limit may be exceeded. They do not replace your broker's or your prop firm's own risk controls.

Connectivity. Trading depends on your computer, your internet connection, your broker's connections and exchange systems, any of which can fail. Keep a way to manage your positions without NexTick360, such as your broker's web platform or trade desk.

Simulated trading. Simulated and practice fills do not reflect real liquidity, slippage or queue position.

Prop firm accounts. Figures shown for a prop firm account are estimates made from your own trades and the numbers you entered. Your firm's records and rules decide.

AI features. The AI coach uses monthly credits included with your plan. It answers from your journal data, is informational only, never receives your market data and cannot place, change or cancel an order.

Sharing. You choose what to share with a coach. Shared views are read-only and you can revoke them. You are responsible for what you share.

The Trading Risk Disclosure forms part of these Terms.

4. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Service. By using the Service, you represent that you meet these requirements and that the information you provide to us is accurate. The Service is intended for individuals trading their own accounts, including prop firm evaluation and funded accounts, and is not offered to any person barred from receiving it under applicable law.

5. No Financial Advice

The Service is provided for informational and analytical purposes only. NexTick360:

• Is not a broker-dealer
• Is not registered with the SEC or CFTC
• Does not provide investment advice
• Does not recommend specific securities, futures, or instruments

All trading decisions are made solely by you. Trading involves substantial risk of loss. Past performance does not guarantee future results.

6. User Responsibilities

You agree:

• To maintain valid market data entitlements through your broker or data provider, including any exchange fees and your professional or non-professional status
• Not to use the Service to redistribute market data
• Not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, analytics models, or underlying methods of the Service, or to extract proprietary market feeds
• Not to share your account credentials with others
• Not to use the Service beyond the use your plan allows
• Not to resell, sublicense, or transfer access to the Service

You are solely responsible for your trading activity and financial decisions.

7. Account & Device Usage

Each subscription is licensed to a single user. You may install and use the desktop application on multiple personal devices. You may not share your account with other individuals. How many installations may run at the same time is set by your plan.

You are responsible for safeguarding your login credentials. Broker passwords are stored encrypted on your computer and are never sent to NexTick360. Some brokers, such as TradeStation, use a browser sign-in instead.

8. Subscriptions & Billing

• The Service is offered on the Free, Trader and Order Flow plans, billed monthly or yearly at the prices shown on our pricing page.
• New accounts receive a 14-day trial of the Order Flow plan. No payment method is required to start a trial. When the trial ends, your account moves to the Free plan unless you choose a paid plan.
• Paid subscriptions auto-renew unless canceled before the end of the current billing period.
• Billing is processed through Stripe.
• Subscription management is handled through Stripe's hosted billing portal.

Failure to maintain payment may result in suspension or termination of access to paid features.

9. Refund Policy

You may request a full refund within 14 days of your first payment for a plan. Later renewal payments are non-refundable, except where the law requires otherwise. If you cancel your subscription, you keep access to paid features until the end of your current billing period, and your account then moves to the Free plan.

10. Intellectual Property

All software, algorithms, analytics models, branding, and content are the property of NexTick360, Inc. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal or internal business use, subject to these Terms. You may not copy, modify, distribute, or create derivative works based on the Service.

11. Confidentiality

The Service contains non-public information that is confidential and proprietary to NexTick360, Inc., including its algorithms, analytics models, scoring methodologies, behavioral detection logic, non-public features, and the design and internal operation of the Service (collectively, “Confidential Information”). You agree to keep Confidential Information confidential, to use it solely as necessary to use the Service under these Terms, and not to disclose it to any third party. This obligation does not apply to information that is or becomes publicly available through no act or omission on your part, and it survives termination of your account.

12. Feedback

If you provide any feedback, suggestions, ideas, or recommendations regarding the Service (“Feedback”), you grant NexTick360, Inc. a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and otherwise exploit that Feedback for any purpose, without obligation or compensation to you. NexTick360 may develop, use, and commercialize products and features based on Feedback without restriction, and you waive any claim of ownership over improvements to the Service that arise from your Feedback.

13. Restrictions on Competing Use

You may not use the Service, or any Confidential Information, non-public feature, or proprietary methodology of the Service, to design, develop, train, or market a product or service that competes with NexTick360. You may not use the Service to build a competing trading platform, trading journal or coaching product. This restriction does not limit your access to, use of, or export of your own trading data.

14. Third-Party Services

The Service relies on third-party providers — including your broker and its order and data connections (Rithmic, CQG, TradeStation), exchanges, payment processors and hosting providers — in order to function. NexTick360 does not control these providers and is not responsible for their availability, accuracy, or acts or omissions. Interruptions, delays, or errors originating from a third-party provider are outside our control.

Your agreements with your broker and data provider apply alongside these Terms; NexTick360 is not a party to them. You pay any exchange data fees. Market data stays on your computer and may not be redistributed.

Orders are processed by TradeStation Securities, Inc.; order entry is provided by NexTick360.

NexTick360 is not affiliated or associated with, or a partner of, or an agent, representative, delegate, associated person or introducing broker for, any TradeStation company. The products and services offered by NexTick360 are not sponsored, endorsed, sold or promoted by any TradeStation company, and TradeStation makes no representation regarding any products or services offered by NexTick360. Equities, equity options and commodity futures products and services are offered by TradeStation Securities, Inc. (Member NYSE, FINRA, CME and SIPC).

TradeStation will have no liability for the failure of the NexTick360 product, including, without limitation, for the failure of the NexTick360 product to connect or accurately transmit information to TradeStation or for any malfunction of or suggestions made by or advice given by the NexTick360 product.

15. Data Portability

You may request an export of your trading data at any time by using our contact form. Market data the application keeps on your computer is stored encrypted for display only and is not exportable.

16. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference and describes how we collect, use, and protect your information. By using the Service, you consent to the data practices described in the Privacy Policy.

17. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied. To the maximum extent permitted by law, NexTick360, Inc. disclaims all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. NexTick360 does not warrant that the Service will be uninterrupted or error-free, or that its charts, indicators, order tools, ATM brackets, guardrails, connection status, position and P&L displays, analytics or insights will be accurate, complete or timely. Your use of the Service is at your sole risk.

18. Limitation of Liability

To the maximum extent permitted by law, NexTick360 shall not be liable for:

• Trading losses
• Lost profits
• Indirect, incidental, or consequential damages
• Data loss arising from user actions or third-party platform failures
• Losses from orders sent, not sent, delayed, duplicated, rejected or filled at unexpected prices
• Losses from ATM brackets or guardrails acting as configured, or failing to act
• Losses from loss of connectivity, or from broker, exchange or data outages
• Inaccurate or delayed data or analytics resulting from third-party data feed issues

Total liability shall not exceed the amount you paid to NexTick360 in the twelve (12) months preceding the claim.

19. Indemnification

You agree to indemnify and hold harmless NexTick360, Inc. from any claims, damages, or liabilities arising from your trading activity, your violation of these Terms, or your misuse of the Service.

20. Termination

We may suspend or terminate access if you violate these Terms, misuse market data, or as required by law. You may cancel your subscription at any time through Stripe's billing portal. Upon cancellation, you retain access until the end of your current billing period. Upon account termination, your cloud data may be deleted after a reasonable retention period. Data on your computer remains under your control; the market data it keeps rolls off on your retention setting and can be cleared in the application's settings.

21. Survival

Termination of your account or of these Terms does not relieve you of any obligation that by its nature should survive, including the sections governing Intellectual Property, Confidentiality, Feedback, Restrictions on Competing Use, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

22. Injunctive Relief

You acknowledge that a breach of the sections governing Intellectual Property, Confidentiality, Feedback, or Restrictions on Competing Use may cause NexTick360, Inc. irreparable harm for which monetary damages would be an inadequate remedy. In such an event, NexTick360 is entitled to seek injunctive or other equitable relief, without the need to post a bond, in addition to any other remedies available at law. All remedies are cumulative.

23. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

24. Dispute Resolution

Any dispute arising from these Terms shall be resolved through binding arbitration in the State of Delaware, except where prohibited by law. Arbitration shall be conducted under the rules of the American Arbitration Association (AAA). You waive the right to participate in class actions or class-wide arbitration.

25. Changes to Terms

We may update these Terms from time to time. We will notify users of material changes via email or in-app notification. Continued use of the Service after updates constitutes acceptance of the revised Terms.

26. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and any documents expressly incorporated by reference, constitute the entire agreement between you and NexTick360, Inc. regarding the Service and supersede all prior or contemporaneous understandings, communications, or representations.

Assignment. You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent, and any attempt to do so is void. NexTick360, Inc. may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver must be in writing to be effective.

Export Compliance. You agree to comply with all applicable export control and economic sanctions laws, and you represent that you are not located in, or a resident of, any jurisdiction or on any list subject to restrictions that would prohibit your use of the Service.

Notices. We may provide notices to you by email, through the Service, or by posting to our website. You may send notices to us through our contact form. Notices are deemed given when sent or posted.

27. Contact Information

NexTick360, Inc. — Contact Us