End-User License Agreement

1. Definitions

"Software" means the BreakEven Trail software for the NinjaTrader® 8 platform, version 1.4.0 and any subsequent updates, including all compiled files, documentation, and associated materials provided by the Company. This definition encompasses all compatible product types within NinjaTrader® 8 as released 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 any personal computer on which you log in with the NinjaTrader® account email address associated with your License.

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, personal License to:

• Install and use the Software on any Device on which you log in with the NinjaTrader® account email address associated with your License;
• 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 may not be transferred to another person or account. You are solely responsible for maintaining the security of your credentials.

License Activation. Following successful payment, your license will be activated within 24 hours. You will receive a confirmation email at the address provided at the time of purchase. If you do not receive confirmation within 24 hours, contact support@breakeventrail.com.

3. License Restrictions

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

• Copy, reproduce, duplicate, or distribute the Software in any form;
• Sell, resell, rent, sublicense, or transfer the Software or any rights therein to third parties;
• Reverse engineer, decompile, disassemble, 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 oversight;
• Share, publish, or make your license credentials available to any other person.

4. Intellectual Property

The Software, including all code, algorithms, documentation, visual elements, and the BreakEven Trail™ brand, are and shall 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 under 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 any such software.

5. Money-Back Guarantee

7-Day Money-Back Guarantee. BreakEven Trail includes a 7-Day Money-Back Guarantee. If you are not completely satisfied with the Software for any reason, you may request a full refund within seven (7) calendar days of your initial purchase date by contacting us at support@breakeventrail.com. Approved refunds will be processed through Lemon Squeezy. After the 7-day period, all sales are final.

EUROPEAN UNION RESIDENTS: If you are a consumer in the European Union, you have the right to withdraw from this contract within 14 days without giving any reason, UNLESS you have given your express consent to begin 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.

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 is entirely yours. The Company makes no guarantee that use of the Software will result in profits or reduced losses. An investor could lose all or more than their initial investment. Only risk capital should be used — money that can be lost without jeopardizing financial security or lifestyle.

NFA Rule 2-29(c) — Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, 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 the 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 failures, outages, or errors originating in that platform, your broker, data providers, 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, regardless of whether 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 RELATING TO THIS AGREEMENT OR THE SOFTWARE SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU 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 under applicable local law, the above limitations apply only to the fullest extent permitted by law.

9. 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, 13, and 14 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 as long as reasonably practicable.

10. Automated Features Risk Disclosure

The Software includes automated features, including but not limited to AutoTrail and Emergency Stop Protection. These features operate automatically and may place, cancel, or modify orders without direct user action at the time of execution. You acknowledge that automated stop management and emergency market orders may result in executions at prices different from intended levels, particularly during periods of high volatility, low liquidity, or platform connectivity issues.

You accept full responsibility for monitoring automated features at all times during an active trading session and for all trading outcomes resulting therefrom. The Company shall not be liable for losses, failed executions, or order fills resulting from the operation or non-operation of automated features.

11. Emergency Stop Protection Disclosure

The Emergency Stop Protection feature is designed to reduce the risk of an unprotected open position, but it does not guarantee order execution at any specific price. This feature operates in three escalating layers:

• Layer 1: Placement of a stop order at the calculated break-even level or designated protection level;
• Layer 2: Placement of an Emergency Stop at a configurable distance from the current price, triggered if Layer 1 fails or is unconfirmed;
• Layer 3: As a last resort, submission of a market order to close the open position.

Under extreme market conditions, stop orders may not execute as expected or may execute at prices significantly different from intended. Market orders submitted as part of Layer 3 are subject to slippage and may be filled at any available price. You expressly acknowledge and accept these risks and agree that the Company bears no liability for order fills resulting from the operation of this feature.

12. Export Compliance

You agree to comply with all applicable U.S. and other relevant export and import laws and regulations in connection with your use of the Software, including without limitation the U.S. Department of Commerce Export Administration Regulations (EAR). You represent that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.

13. Governing Law and Dispute Resolution

This Agreement is governed by 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 its breach, termination, or invalidity, shall be resolved by binding arbitration administered in Miami-Dade County, Florida, under the American Arbitration Association (AAA) Consumer Arbitration Rules. Arbitration shall be conducted in English. The arbitrator's decision 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 from a court of competent jurisdiction in Miami-Dade County, Florida, to protect intellectual property rights or prevent irreparable harm.

14. 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 applicable local laws in your country of residence, including any laws governing the import or use of software, futures trading, or financial tools.

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

15. Privacy

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

If you are 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.

16. 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 and 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 Software's functionality.

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.

17. General Provisions

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

Severability. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions continue in full force. The invalid provision will 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 such provision 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 following 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 translation is provided for convenience only. In the event of conflict, the English version controls.

18. Contact Information