Effective Date: Date of onboarding acknowledgment in the Client Portal
This ATLAS TRADE AI 30-Day Free Trial Terms and Conditions (“Trial Terms”) is a binding agreement between Atlas Trade AI LLC (“Company”), a Nevada corporation, and the individual or entity acknowledging these terms (“Client”). These Trial Terms supplement the Company’s End User License Agreement (EULA), Risk Disclosure Statement, and all other documents listed on atlastrade.ai. In the event of any conflict between these Trial Terms and the main EULA, these Trial Terms control for the duration of the free trial and any upgrade from it. By checking the box during onboarding, the Client expressly accepts these Trial Terms.
IMPORTANT DISCLAIMER
THE COMPANY IS NOT REGISTERED AS AN INVESTMENT ADVISER UNDER THE INVESTMENT ADVISERS ACT OR AS A COMMODITY TRADING ADVISOR UNDER THE COMMODITY EXCHANGE ACT. SERVICES ARE INFORMATIONAL TOOLS ONLY—NO ADVICE PROVIDED.
Services and Relationship of the Parties
The Client receives a 30-day free trial of the Company’s algorithmic trading software. The software generates non-discretionary signals for supported assets (e.g., ETFs, futures, stocks, and indices) via the Client’s Alpaca brokerage account or any other brokerage available in the Atlas Trade AI platform.
The Company’s role is strictly as a service provider of algorithmic software tools. NO FIDUCIARY RELATIONSHIP EXISTS; CLIENT WAIVES ANY SUCH CLAIMS TO THE EXTENT PERMITTED BY LAW. The Client is solely responsible for all trading decisions, risk controls, and compliance with broker and regulatory requirements (including SEC Rule 15c3-5 and CFTC Regulation AT).
Client acknowledges that the trial is provided at no cost and that all trades are executed solely at the Client’s direction and risk through their own brokerage account.
1.1 API Key Security Requirement (Prior Provider)
The Client represents and warrants that, prior to or immediately upon onboarding, they have refreshed (generated new) and/or permanently canceled every Alpaca API key previously assigned to or shared with any Prior Provider or any other prior trading service provider. The Client agrees to use ONLY the new API keys generated for the duration of the trial and any subsequent paid service.
Failure to comply with this section may result in immediate termination of the trial. The Client assumes full responsibility for any unauthorized access or trading that occurs because old keys were not revoked. The Company shall have no liability whatsoever for any such activity.
1.2 Integrated Signal Transmission Platform and Broker Connection
The Company uses a proprietary Integrated Signal Transmission Platform to transmit signals to the Client’s brokerage account (connected via OAuth2.0). The Client acknowledges and agrees to all points in the main EULA regarding delays, errors, broker compliance, and data sharing. The Company may change or discontinue any platform with notice.
No Investment Advice
The Services do not constitute investment, financial, legal, tax, or other advice. The software generates signals based on algorithms, but all execution occurs through the Client’s broker—reinforcing that no personalized advice is provided. The Client should consult independent professionals. Past performance is not indicative of future results; hypothetical or simulated performance has limitations.
Representations and Warranties
The Client additionally represents that: (e) they have fully complied with the API Key Security Requirement in Section 1.1 above; (f) they are terminating any relationship with any prior provider and will not allow continued access to their brokerage account by any third party Algorithm Trading Platform provider.
The Company warrants it will provide the Services in a professional manner consistent with industry standards for software tools.
Fees and Payment
During the 30-day free trial, no fees are charged. To continue service beyond the trial, the Client must upgrade via the Client Portal by selecting a paid plan and paying the applicable fees in full (as shown in the Plan step of onboarding or on atlastrade.ai at the time of upgrade). There is no automatic billing or upgrade.
4.1 Post-Upgrade Refund Waiver (Override of EULA)
Clients who upgrade from this 30-day free trial to any paid plan expressly waive the 30-day refund right set forth in Section b of the main EULA. The upfront license fee and all other fees paid upon upgrade are fully non-refundable. No refunds will be issued for any reason after upgrade, except in cases of verified malfunctions solely attributable to the Company (determined solely through the Internal Dispute and Refund Process). This waiver is a material condition and inducement for the Company providing the free trial and is enforceable to the fullest extent permitted by law. The Client acknowledges that the free trial was offered in exchange for this waiver.
Term and Termination
The trial commences on the Effective Date and lasts exactly 30 days.
If the Client does not upgrade and pay the required fees prior to the end of the 30-day period:
The Agreement automatically terminates.
Access to the software and all signals ceases immediately.
The API connection to the Client’s brokerage account is disconnected.
The Client expressly authorizes the Company to transmit closing signals through the proprietary Integrated Signal Transmission Platform to close out all open positions in the Client’s brokerage account. This authorization is granted solely for the orderly wind-down of the trial and does not create any ongoing advisory or fiduciary relationship.
The Client remains solely responsible for monitoring their account and confirming all positions are closed. The Company may, at its sole discretion, send such closing signals to minimize risk exposure.
The Company may also terminate earlier for breach (including failure to comply with the API Key Security Requirement) with notice.
6. Intellectual Property
The Company owns all rights to the software, algorithms, and materials. The Client is granted a limited license as described. The Client shall not copy, modify, or reverse-engineer the Services. Non-disparagement: The Client agrees not to make false or defamatory statements about the Company.
7. Indemnification
The Client indemnifies the Company against claims arising from the Client’s use of the Services, including trading losses or regulatory violations. The Company indemnifies the Client against claims of IP infringement by the Services.
8. Data Privacy and Security
The Company complies with the FTC Safeguards Rule (16 CFR §314) and Gramm-Leach-Bliley Act (15 U.S.C. §6801 et seq.); user data is encrypted and shared only as necessary for Services (e.g., with the brokerage API provider or Alpaca). Breaches will be notified per law. AI tools (e.g., Veridian/Support) include disclaimers and do not provide advice.
9. Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. LIABILITY IS LIMITED TO THE FEES PAID IN THE PRIOR 12 MONTHS. This limitation extends to any claims arising from the Integrated Signal Transmission Platform or brokers, including data breaches, execution errors, or service interruptions, except for the Company’s gross negligence or willful misconduct. (During the free trial period, fees paid are $0.)
10. Dispute Resolution
Any disputes shall be resolved by binding arbitration under the Federal Arbitration Act (FAA). Class actions are waived. The Client may opt out within 30 days by written notice.
11. Governing Law
Governed by Nevada law.
12. Force Majeure
Neither Party is liable for delays due to events beyond control, including cyberattacks.
13. Miscellaneous
This Agreement is the entire understanding; amendments must be in writing and signed. Rejection carries no penalty. Severability: Invalid provisions do not affect others. Survival: Sections on IP, indemnity, limitation of liability, and disputes survive termination.
By checking the “30-Day Free Trial Terms and Conditions” box in the onboarding portal, the Client acknowledges that they have read, understood, and agree to be bound by these Trial Terms in their entirety.
Exhibit A: Services and Fees – 30-Day Free Trial (for reference only)
Free access to select proprietary algorithms for 30 days
Integration with brokerage API
Basic technical support via portal
No monthly fees during trial
Upgrade required to continue (paid plans shown in Client Portal)
Exhibit B: Risk Disclosures
All risk disclosures from the current Risk Disclosure Statement are incorporated by reference (market risk, algorithm risk, platform risk, commodity/futures risk, no guarantees, etc.).