Last Updated: March 29, 2026

Please read these Terms of Service ("Terms") carefully before purchasing, downloading, or using FSS Trader ("the Software"). By completing a purchase or installing the Software, you agree to be bound by these Terms. If you do not agree, do not purchase or use the Software. ---

1. Acceptance of Terms These Terms constitute a legally binding agreement between you ("User," "you," or "your") and FSS Trader ("Company," "we," "us," or "our"). Your purchase and use of the Software constitutes acceptance of these Terms in full. ---

2. Description of the Software FSS Trader is a desktop software application that automates rule-based trading strategies for Micro E-mini S&P 500 (MES) futures contracts through the user's own Interactive Brokers brokerage account. The Software is a technical automation tool only. The Software does not: 

- Provide financial advice, investment advice, or trading recommendations

- Manage, hold, custody, or have any access to user funds

- Guarantee any trading outcome, profit, or return

- Operate as a registered investment advisor, commodity trading advisor, or broker-dealer ---

3. License Grant Upon purchase, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Software on one (1) personal computer for your own personal, non-commercial trading activity, subject to these Terms. You may not:

- Copy, distribute, sell, sublicense, or transfer the Software to any third party

- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software

- Modify, adapt, or create derivative works based on the Software

- Use the Software to build a competing product or service

- Share your license key with any other person ---

4. Requirements and Third-Party Dependencies Use of the Software requires:

- An active Interactive Brokers ("IB") brokerage account with futures trading permissions enabled

- IB Gateway or Trader Workstation (TWS) installed and running on your computer

- A computer meeting minimum system requirements

We are not affiliated with Interactive Brokers LLC. We have no control over IB's platform, fees, margin requirements, data availability, or any changes IB may make to their software or policies. We are not responsible for any disruption to trading caused by IB's systems, outages, or policy changes. ---

5. No Financial Advice The Software, its documentation, backtested results, marketing materials, and any communications from us do not constitute:

- Financial advice

- Investment advice

- A solicitation to buy or sell any security or financial instrument

- A recommendation of any trading strategy

All information provided, including historical backtest results, is for informational and educational purposes only. You are solely responsible for all trading decisions you make while using the Software. ---

6. Risk Acknowledgment You acknowledge that:

- Futures trading involves substantial risk of loss and is not suitable for all investors

- You may lose more than your initial investment

- Past performance and backtested results do not guarantee future results

- Automated trading systems can malfunction, produce errors, or behave unexpectedly

- You have read and understood the full Risk Disclosure document ---

7. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL FSS TRADER, ITS OWNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY:

- TRADING LOSSES OR LOST PROFITS

- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

- LOSS OF DATA OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. ---

8. Indemnification You agree to indemnify, defend, and hold harmless FSS Trader and its owners, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to:

- Your use of the Software - Your trading activity - Your violation of these Terms

- Your violation of any applicable law or regulation ---

9. Refund Policy Due to the digital nature of the Software and the risk that license keys may be used immediately upon delivery:

- All sales are final. We do not offer refunds after the license key has been delivered.

- If you experience a technical issue that prevents the Software from functioning as described, contact us within 7 days of purchase and we will make reasonable efforts to resolve the issue or issue a refund at our sole discretion.

- Refunds will not be issued based on trading performance or dissatisfaction with trading results. ---

10. Updates and Support - We may release updates to the Software at our discretion. We do not guarantee any specific update schedule.

- Basic email support is included with your license. We do not guarantee response times.

- We reserve the right to discontinue the Software at any time with 30 days notice to active licensees. ---

11. Intellectual Property The Software, including its code, design, strategies, algorithms, documentation, and all related materials, is the exclusive intellectual property of FSS Trader. These Terms do not transfer any ownership rights to you. ---

12. Termination We may terminate your license immediately and without notice if you:

- Violate any provision of these Terms

- Attempt to reverse engineer or redistribute the Software

- Share your license key with others
Upon termination, you must uninstall and destroy all copies of the Software. ---

13. Governing Law and Dispute Resolution These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflict of law principles. Any dispute arising from these Terms or your use of the Software shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in GARNER, NORTH CAROLINA under the rules of the American Arbitration Association. You waive any right to a jury trial or class action proceeding. ---

14. Modifications We reserve the right to modify these Terms at any time. We will notify active licensees of material changes via email. Continued use of the Software after changes constitutes acceptance of the updated Terms. ---

15. Contact For questions regarding these Terms, contact us at: [email protected] ---

*These Terms of Service were last updated on March 29, 2026.*