This End User License Agreement (“Agreement”) is a legally binding contract between you (“User”, “you”, or “your”) and MetroTrade LLC (“MetroTrade”, “we”, “us”, or “our”) that governs your access to and use of the MetroTrader platform, software applications, and related services (collectively, the “Platform”).

**BY CLICKING THE ACCEPTANCE BUTTON, ACCESSING, DOWNLOADING, INSTALLING, OR USING ANY PART OF THE PLATFORM, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE PLATFORM.**

This Agreement may be amended from time to time at the sole discretion of MetroTrade. MetroTrade shall provide notice to you of amendments by posting the updated terms on MetroTrade’s website or through the Platform. Your continued use of the Platform after such changes constitutes your acceptance of the amended terms.

1. LICENSE GRANT AND RESTRICTIONS

1.1 License Grant

Subject to the terms and conditions of this Agreement, MetroTrade grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal or internal business purposes in accordance with the documentation provided.

1.2 Restrictions

You shall not:

– Copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform except as expressly permitted by this Agreement.

– Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Platform.

– Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform to any third party.

– Use the Platform to build a competitive product or service, or for benchmarking or competitive analysis.

– Remove, alter, or obscure any proprietary notices on the Platform.

– Use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use of the Platform.

– Use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Platform.

– Access or use the Platform for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes.

– Use the Platform for illegal activities or in any manner that defames, harasses, stalks, threatens, or otherwise violates the legal rights (such as privacy and publicity rights) of others.

– Distribute inappropriate content, advertising, spam, spyware, malware, or other harmful material through the Platform.

2. OWNERSHIP AND INTELLECTUAL PROPERTY

2.1 Ownership

MetroTrade and its licensors retain all right, title, and interest in and to the Platform, including all related intellectual property rights. No rights are granted to you other than as expressly set forth herein.

2.2 Feedback

If you provide any feedback, suggestions, recommendations, or other input regarding the Platform (“Feedback”), you hereby grant MetroTrade an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right and license to use, copy, modify, create derivative works based upon, distribute, and otherwise exploit such Feedback in any manner and for any purpose.

3. ACCESS AND SECURITY

3.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify MetroTrade of any unauthorized use of your account or any other breach of security.

3.2 Equipment

You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Platform, all hardware, software, electrical and other physical requirements for your use of the Platform including, without limitation, telecommunications and internet connections, ISP, web browsers and/or other equipment, programs and services required to access and use the Platform.

4. RISK DISCLAIMER AND TRADING DISCLOSURES

4.1 Risk of Loss

TRADING IN FUTURES, OPTIONS ON FUTURES, COMMODITY OPTIONS, AND OTHER DERIVATIVES CONTRACTS IS HIGHLY SPECULATIVE AND CARRIES A HIGH LEVEL OF RISK. YOU MAY SUSTAIN A TOTAL LOSS OF THE FUNDS THAT YOU DEPOSIT WITH YOUR BROKER TO ESTABLISH OR MAINTAIN A POSITION IN THE COMMODITY FUTURES MARKET, AND YOU MAY INCUR LOSSES BEYOND THESE AMOUNTS.

4.2 No Financial Advice

The Platform is provided for informational and execution purposes only. MetroTrade does not provide investment, tax, legal, or accounting advice. Nothing contained in the Platform constitutes a solicitation, recommendation, endorsement, or offer by MetroTrade to buy or sell any securities, futures contracts, or other financial instruments.

5. DISCLAIMER OF WARRANTIES

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, METROTRADE AND ITS VENDOR DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. METROTRADE MAKES NO REPRESENTATION OR WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

METROTRADE AND ITS VENDOR DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM YOUR USE OF THE PLATFORM.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL METROTRADE, ITS VENDOR, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; (iii) ANY CONTENT OBTAINED FROM THE PLATFORM; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT METROTRADE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

METROTRADE’S AND ITS VENDOR’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO METROTRADE, IF ANY, FOR ACCESS TO OR USE OF THE PLATFORM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR $100.00, WHICHEVER IS GREATER.

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MetroTrade, its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Platform, including, but not limited to, any use of the Platform’s content, services, and products other than as expressly authorized in this Agreement.

8. TERMINATION

MetroTrade may, in its sole discretion, suspend or terminate your access to the Platform at any time without notice for any reason, including but not limited to breach of this Agreement. Upon termination, your right to use the Platform will immediately cease.

9. GENERAL PROVISIONS

9.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.

9.2 Dispute Resolution

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Chicago, Illinois, using the English language in accordance with the Arbitration Rules and Procedures of the American Arbitration Association then in effect, by one or more commercial arbitrators with substantial experience in resolving intellectual property and commercial contract disputes.

9.3 Entire Agreement

This Agreement constitutes the entire agreement between you and MetroTrade regarding the Platform and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

9.4 Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

9.5 Waiver

The failure of MetroTrade to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

9.6 Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MetroTrade without restriction.

9.7 Contact Information

If you have any questions about this Agreement, please contact us at support@metrotrade.com.

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Last Updated: 3/18/25