This is the End User License Agreement for the Sharpnel Desktop application. It is also presented in-app on first run. The online Terms of Service and Privacy Policy are incorporated by reference.
END USER LICENSE AGREEMENT — SHARPNEL DESKTOP Last updated: June 8, 2026 Version: 4 SERVICE PROVIDER / WHO YOU ARE CONTRACTING WITH This software is provided by: Sharpnel Trading A sole proprietorship (eenmanszaak) established under the laws of Belgium. Business address: Baron de Pelichystraat 26, 8870 Izegem, Belgium Enterprise number (Crossroads Bank for Enterprises): 1031.905.596 VAT number: BE 1031.905.596 Email: [email protected] Website: https://www.sharpnel-trading.com In this Agreement, "Sharpnel" means Sharpnel Trading. "You" and "your" mean the person or organisation that installs or uses the Software. IMPORTANT — PLEASE READ BEFORE YOU CONTINUE This End User License Agreement (the "Agreement") is a binding legal contract between you and Sharpnel Trading governing your installation and use of the Sharpnel Desktop software. BY CLICKING "I AGREE" (OR A SIMILAR BUTTON), INSTALLING, COPYING, OR USING THE SOFTWARE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THIS AGREEMENT, AND THAT YOU ARE AT LEAST 18 YEARS OLD (OR THE AGE OF MAJORITY AND FULL CONTRACTUAL CAPACITY IN YOUR JURISDICTION, IF HIGHER) AND ABLE TO ENTER INTO A LEGALLY BINDING CONTRACT. IF YOU DO NOT AGREE, DO NOT CLICK "I AGREE" AND DO NOT USE THE SOFTWARE. THE SOFTWARE IS ANALYTICAL SOFTWARE ONLY. IT DOES NOT PROVIDE INVESTMENT ADVICE, DOES NOT EXECUTE OR ROUTE TRADES, AND DOES NOT HOLD YOUR FUNDS. TRADING AND INVESTING INVOLVE A SUBSTANTIAL RISK OF LOSS, AND WHEN YOU USE LEVERAGE OR MARGIN YOU CAN LOSE MORE THAN YOU DEPOSIT. PLEASE READ SECTIONS 7 TO 11 (THE FINANCIAL, MARKET-DATA, AND RISK DISCLOSURES) CAREFULLY. This Agreement incorporates by reference, and should be read together with, Sharpnel's online Terms of Service (https://www.sharpnel-trading.com/terms) and Privacy Policy (https://www.sharpnel-trading.com/privacy). Nothing in this Agreement reduces any mandatory consumer right or any other right you have that cannot be waived under the law applicable to you. 1. DEFINITIONS 1.1 "Software" means the Sharpnel Desktop application (the native desktop trading-analytics terminal), including its components, updates, and accompanying documentation, but excluding Third-Party Components (defined below), which are licensed under their own terms. 1.2 "Content" means the market data, reference data, analytics, computed values, charts, indicators, signals, scores, and other outputs surfaced by or produced through the Software. 1.3 "Account" means the Sharpnel account you use to authenticate and to access the Software's features. 1.4 "Subscription" means a paid plan (currently the "Pro" tier) that entitles you to the Software's paid features; the "Free" tier ("Explorer") is the no-payment tier. 1.5 "Third-Party Components" means third-party and open-source software incorporated into or distributed with the Software (including the Qt toolkit), and third-party, exchange, or governmental data, each licensed under its own terms. 1.6 "Consumer" means a natural person who is acting for purposes outside their trade, business, craft, or profession, as that term is understood under applicable consumer-protection law (including Belgian and EU law). 1.7 "ToS" means Sharpnel's online Terms of Service at https://www.sharpnel-trading.com/terms. "Privacy Policy" means Sharpnel's policy at https://www.sharpnel-trading.com/privacy. 2. LICENSE GRANT 2.1 Subject to your continuous compliance with this Agreement and the ToS, and conditioned on a valid Account and (for paid features) an active, paid-up Subscription in good standing, Sharpnel grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and run the Software on devices you own or control, solely for your own use of the Software's analytical features, including your own individual professional trading and analysis of your own account. 2.2 Named user. The Software is licensed to a single named individual identified by the Account credentials used to activate it. It is not licensed to a household, team, firm, or organization. The number of simultaneous active sessions permitted to you is set by your Subscription tier and may be technically enforced (see Sections 3 and 6). 2.3 License, not sale. The Software is licensed, not sold. Except for the limited rights expressly granted here, no title, ownership, or intellectual-property right in the Software passes to you. All rights not expressly granted are reserved by Sharpnel and its licensors (see Section 15). 2.4 Backup copy. You may make one reasonable backup copy of the Software, provided you reproduce all proprietary notices on it and use it only for archival purposes consistent with this license. 2.5 Revocation. Sharpnel may modify, suspend, or revoke this license if your Subscription lapses, your Account is suspended or terminated, or you breach this Agreement, subject to the termination provisions in Section 20. 3. RESTRICTIONS Except to the extent applicable law expressly prohibits the restriction (in which case the restriction applies only to the extent permitted), you shall not, and shall not permit any third party to: 3.1 copy the Software (except for the one backup copy permitted in Section 2.4), or modify, adapt, translate, or create derivative works of it; 3.2 reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying structure, ideas, algorithms, or non-public interfaces of the Software, except as expressly permitted by Section 3.3; 3.3 INTEROPERABILITY CARVE-OUT (EU). Nothing in this Agreement limits any non-waivable right you have under Article 5(3) of Directive 2009/24/EC (and its national implementations, including Belgian copyright law) to observe, study, or test the functioning of the Software in the course of your authorized use, or under Article 6 of that Directive to decompile the Software where indispensable to achieve interoperability of an independently created program. Before relying on the Article 6 exception you must (a) have a lawful copy of the Software, (b) confirm the interoperability information has not already been made readily available to you, and (c) limit decompilation to the parts necessary for interoperability. Information so obtained may be used only to achieve that interoperability, may not be disclosed to others except where necessary for interoperability, and may not be used to develop, produce, or market a program substantially similar in its expression to the Software or for any act infringing copyright. Outside these statutory exceptions, the prohibition in Section 3.2 applies in full; 3.4 rent, lease, lend, sell, resell, distribute, redistribute, host, sublicense, time-share, or otherwise transfer the Software, or provide it on a service-bureau basis or make its functionality available to persons who are not licensed users; 3.5 circumvent, disable, defeat, or interfere with any licensing, authentication, entitlement, tier-gating, concurrent-session limit, rate limit, or other access-control or technical-protection measure in or applied to the Software or associated services; use, generate, or share any credential, token, license key, or device fingerprint to exceed the sessions or entitlements your tier permits, or to access features you have not paid for; tamper with, falsify, or block the Software's communication with Sharpnel's licensing, entitlement, or update servers; or operate the Software to evade the per-tier concurrent-session cap, including by automating re-authentication or rotating sessions. You acknowledge that, where applicable, circumvention of these controls may also violate anti-circumvention laws (including 17 U.S.C. § 1201 in the United States and Article 6 of Directive 2001/29/EC as implemented in Belgium); 3.6 sell, rent, lend, share, sublicense, or otherwise make your Account, credentials, license, or any session available to any other person, whether for value or not, and whether simultaneously or in rotation. Your Account and credentials are personal to you, you are responsible for keeping them confidential, and you are responsible for all activity under your Account. Use of one Account by more than one individual, or credential-sharing that provides access to more persons than your tier permits, is a material breach of this Agreement; 3.7 use any robot, spider, scraper, crawler, headless client, screen-capture automation, API replay, or other automated means to extract, harvest, or systematically download Content from the Software or its backend services; redistribute, resell, sublicense, publish, broadcast, retransmit, or otherwise make available the Content (or any substantial part of it, or any database compiled from it) to any third party or system; use the Content to construct, train, populate, or supplement any competing data feed, dataset, model, index, or product; or remove, obscure, or alter any attribution, source, or restriction notice accompanying the Content. Certain Content is subject to additional third-party, exchange, or governmental terms, and your right to use it is also subject to those terms. Sharpnel asserts, to the extent applicable, sui generis database rights under Directive 96/9/EC in its compilations of Content; 3.8 use the Software, or any benchmark, performance, or feature information derived from it, to build, market, or assist a product or service that competes with the Software, or publish or disclose to any third party the results of any benchmarking or competitive analysis of the Software without Sharpnel's prior written consent; 3.9 remove, alter, obscure, or falsify any copyright, trademark, patent, attribution, ownership, or other proprietary or restriction notice contained in or displayed by the Software, its documentation, its Content, or its Third-Party Components; or 3.10 use the Software in any unlawful manner or in violation of this Agreement, the ToS, or the rights of any third party. 4. SUBSCRIPTION, BILLING, AUTO-RENEWAL, AND REFUNDS The full subscription, account, and billing terms are set out in the ToS and are incorporated here by reference. The terms below are restated because this Agreement may be the point at which you form a binding purchase. In the event of any conflict regarding billing, the ToS controls. 4.1 Plans. The Software is offered on a free "Explorer" tier (no payment method, no auto-charge, no time limit) and on a paid "Pro" Subscription billed in advance through Sharpnel's payment processor, Stripe, on the recurring interval you select at checkout (monthly or annual). The price, currency, billing interval, and first-charge date are shown to you on the checkout screen before you confirm payment. 4.2 AUTOMATIC RENEWAL — PLEASE READ. YOUR PAID SUBSCRIPTION AUTOMATICALLY RENEWS AT THE END OF EACH BILLING PERIOD (each month for monthly plans, each year for annual plans) FOR A FURTHER PERIOD OF THE SAME LENGTH, AND YOUR PAYMENT METHOD IS AUTOMATICALLY CHARGED THE THEN-CURRENT RECURRING PRICE, UNTIL YOU CANCEL. There is no fixed end date; the Subscription continues until cancelled. By confirming a paid Subscription you acknowledge that (i) it will continue and automatically renew, (ii) Sharpnel will charge your payment method the recurring amount on each renewal date, (iii) it continues until you cancel, and (iv) you know how to cancel. 4.3 Payment authorization and taxes. By providing a payment method and confirming a paid Subscription, you authorize Sharpnel and Stripe to charge that method (and any updated or replacement card supplied by your card network's account-updater service) for the initial fee and all recurring renewal fees, plus any applicable taxes, until you cancel. Card data is handled by Stripe under its terms; Sharpnel does not store full card numbers. Stated prices are exclusive of taxes unless Sharpnel indicates otherwise; Sharpnel will charge VAT, GST, or sales/use tax where required to collect it, based on your billing location, shown on your invoice. Where Sharpnel is not required to collect a tax, you are responsible for any taxes on your purchase. If you are an EU business purchasing under a valid VAT identification number, you are responsible for supplying it so reverse-charge treatment can apply. Subscription fees cover the Software only; they do not include broker, exchange, market-data, commission, financing, or other amounts charged by your broker, exchange, or data vendor, which are your sole responsibility. 4.4 Price changes. Sharpnel may change prices and plan features. For existing paid subscribers, any price increase takes effect only at a renewal and only after at least thirty (30) days' advance notice to your Account email, stating the new price and effective date. If you do not agree, you may cancel before it takes effect; continuing after the effective date constitutes acceptance. 4.5 Cancellation. You may cancel at any time, for any reason, with no cancellation fee, from your account dashboard at https://www.sharpnel-trading.com (Account > Subscription > Cancel) or by emailing [email protected]. Once you cancel, your payment method will not be charged again. You keep access to paid features for the remainder of the billing period you have already paid for; at the end of that period your Account reverts to the free Explorer tier. Sharpnel does not provide refunds or pro-rated credits for the unused remainder of a billing period, except as stated in Section 4.6/4.7 or as required by law. If Sharpnel terminates your paid Subscription other than for your breach, Sharpnel will refund the pro-rated portion of any prepaid fees covering the period after termination. 4.6 Failed payments and suspension. If a renewal or other charge fails, Sharpnel (through Stripe) may retry over a reasonable period. If payment remains unpaid, Sharpnel may suspend or downgrade your access to paid features and revert your Account to the free tier, without liability, until payment is brought current; Sharpnel will give you notice and a reasonable opportunity to update your payment method where practicable. You remain responsible for fees properly incurred before suspension. Sharpnel is not obligated to retain your paid-tier data during a lapse, although Sharpnel will use reasonable efforts to preserve it for a limited period. 4.7 REFUNDS — 14-DAY REFUND WINDOW. (a) 14-day refund window. If you are not satisfied with a new paid Subscription, you may cancel within fourteen (14) days of your first payment and receive a pro-rated refund of that payment (the payment less the value of the days of access already elapsed), no questions asked, by emailing [email protected] or from your account dashboard. Sharpnel refunds to your original payment method without undue delay and within 14 days. This applies to your first Subscription purchase; renewal payments are not refundable, but you may cancel at any time to stop future charges (your access continues to the end of the current paid period). The free Explorer tier also lets you evaluate the Software before paying. (b) Statutory right of withdrawal (EU/EEA/UK Consumers). If you are a Consumer resident in the European Union, the European Economic Area, or the United Kingdom, you separately have a statutory right to withdraw from your purchase of the Subscription within fourteen (14) days of the day the contract is concluded, without giving any reason. To exercise it, send an unambiguous statement to [email protected]; you may, but need not, use the model withdrawal form at https://www.sharpnel-trading.com/withdrawal-form. The refund window in (a) is offered IN ADDITION TO, and does not limit, this statutory right; Sharpnel does not ask you to waive it. On a valid withdrawal Sharpnel refunds your payment, less an amount proportionate to the access already supplied up to the moment you communicate your withdrawal, because at checkout you expressly request that access begin immediately within the withdrawal period and acknowledge this (Article 14(3) of Directive 2011/83/EU; Belgian Book VI WER), without undue delay and within 14 days. If access has not yet begun, your refund is full. (c) Durable-medium confirmation. On activation Sharpnel sends you, on a durable medium (email), confirmation of the concluded contract — the parties, the price and billing interval, the auto-renewal terms, this refund/withdrawal information, and the model withdrawal form — in accordance with applicable consumer law (Art 8(7) of Directive 2011/83/EU; Belgian Book VI WER). (d) Mandatory rights preserved. Nothing in this Section excludes or limits the mandatory consumer-protection rights you have under Belgian Book VI of the Code of Economic Law or other applicable mandatory consumer law, which apply regardless of the governing-law choice in Section 21, nor any statutory right you have if the Software is faulty or not as described. 5. LICENSE TIERS AND ENTITLEMENT Your license is tied to your active Account and the tier it is entitled to at any given time. Free-tier features remain available while your Account is in good standing; paid features are available only while a paid Subscription is active and paid for. Sharpnel enforces tier entitlement and concurrent-session limits server-side: each tier permits a maximum number of simultaneous active sessions, and signing in beyond that limit may end your least-recently-used session. Sharing accounts, credentials, or sessions, or circumventing these limits, is prohibited and is a material breach of this Agreement. 6. ACCEPTABLE USE You shall use the Software only for lawful purposes and in compliance with this Agreement, the ToS, and all applicable laws, exchange and broker rules, and Third-Party Component terms. You shall not use the Software to infringe any third party's rights, to transmit malware, to gain unauthorized access to any system, to interfere with the Software's operation or security, or in any way that exposes Sharpnel to liability or to breach of its upstream data licenses. The detailed Acceptable Use terms in the ToS apply in addition to this Section. 7. NO INVESTMENT ADVICE; NO FIDUCIARY RELATIONSHIP The Software is analytical software only. Sharpnel Trading is not a registered investment adviser, broker-dealer, futures commission merchant, introducing broker, commodity trading advisor, or financial planner in any jurisdiction, and is not registered with or supervised by the U.S. Securities and Exchange Commission (SEC), the U.S. Commodity Futures Trading Commission (CFTC), the U.S. National Futures Association (NFA), the Belgian Financial Services and Markets Authority (FSMA), or any comparable authority. Nothing in the Software — including charts, footprint/order-flow analytics, options analytics (greeks, GEX, max-pain, payoff diagrams), depth-of-market heatmaps, volume profiles, signals, scores, alerts, backtests, simulations, forecasts, or any other output — is or shall be construed as investment advice, a recommendation, an offer, a solicitation, or an inducement to buy, sell, or hold any security, derivative, commodity interest, or other financial instrument. Sharpnel does not assess the suitability or appropriateness of any instrument or strategy for you, do not act as your agent, adviser, or fiduciary, and owe you no fiduciary or advisory duty of any kind. You are not Sharpnel's client for advisory purposes. You should obtain independent financial, legal, and tax advice from a licensed professional before making any trading or investment decision. This Section is incorporated into and consistent with Section 6 (Market Data & Financial Disclaimer) of the ToS. 8. RISK OF LOSS Trading and investing in securities, futures, options, foreign exchange, crypto-assets, and other financial instruments involves a substantial risk of loss and is not suitable for every person. You may lose some or all of your invested capital, and you should only trade with risk capital you can afford to lose entirely. When trading on margin or using leveraged or derivative instruments, your losses can exceed your initial deposit, and you may be required to deposit additional funds at short notice or have your positions liquidated, potentially resulting in losses greater than the amount you funded. A relatively small movement in the market can have a proportionately larger impact on funds you have deposited. Markets for certain instruments (including crypto-assets) may operate continuously, around the clock, and may be highly volatile and thinly regulated. Past performance — whether actual, indicated, hypothetical, simulated, or back-tested — is not necessarily indicative of future results, and no representation is made that you will achieve profits or avoid losses. You acknowledge that you understand these risks and accept full responsibility for them. 9. MARKET AND REFERENCE DATA Content surfaced by the Software is provided "AS IS" and "AS AVAILABLE" for informational purposes only. Such data is drawn from a combination of government/public-domain sources, third-party providers, exchanges, and — where you connect a broker — your own market-data entitlement. Data may be delayed, inaccurate, incomplete, unavailable, interrupted, out of sequence, or subject to revision, and is NOT guaranteed to be real-time, continuous, error-free, or fit for any particular purpose. Sharpnel does not warrant the accuracy, completeness, timeliness, or sequencing of any data and is not a market-data vendor; it does not operate a consolidated feed and does not resell or redistribute exchange or vendor data to you. Third-party, exchange, and broker-sourced data is additionally subject to the terms, entitlements, professional/non-professional status determinations, and redistribution restrictions of the relevant provider, exchange, or broker, which are a matter between you and them; you are responsible for maintaining any market-data subscription required for the instruments and depth levels you use, and for your correct professional/non-professional status. You are responsible for independently verifying any data and any analytic derived from it before acting on it. Computed or derived analytics (including GEX, max-pain, greeks, volume profile, and order-flow metrics) are model outputs that depend on the quality and completeness of their inputs and may differ from values published by exchanges or other vendors. This Section is consistent with, and supplemented by, Section 6a of the ToS. 10. HYPOTHETICAL AND SIMULATED PERFORMANCE; FORECASTS AND PROJECTIONS The Software includes back-testing, Monte Carlo simulation, scenario analysis, and forward-looking forecast/projection visualizations (including probability or "forecast cone" overlays), and options analytics such as theoretical greeks, gamma exposure (GEX), maximum-pain, and payoff diagrams. ALL SUCH OUTPUTS ARE HYPOTHETICAL, SIMULATED, AND ILLUSTRATIVE — they are the product of mathematical models applied to historical or assumed inputs, not records of actual trading, and not predictions of future prices, returns, or outcomes. HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. BECAUSE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY, SLIPPAGE, COMMISSIONS, FEES, AND MARKET IMPACT. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. Back-test results do not reflect actual trading and may not account for commissions, slippage, financing costs, or the order in which trades would have occurred in live markets. Monte Carlo and other probabilistic outputs depend entirely on the assumptions, parameters, distributions, and historical data you or the Software select; different assumptions produce materially different results. Forecast cones and projections express a modeled range of possibilities under stated assumptions and are NOT forecasts that any particular outcome will occur. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. The Software does not and cannot guarantee any profit, return, accuracy, or outcome. You are solely responsible for evaluating the validity, assumptions, and limitations of any hypothetical, simulated, or forecast output before relying on it. This Section supplements, and does not limit, the disclosures in the ToS (including its Section 6b). 11. BROKER CONNECTIONS; YOUR TRADES 11.1 The Software may connect to your own third-party brokerage or trading accounts (including via Interactive Brokers integrations and the MetaTrader bridge) using credentials and authorizations you supply. Sharpnel does NOT execute, route, clear, confirm, or settle orders, does NOT act as a broker, dealer, futures commission merchant, counterparty, or intermediary to any transaction, does NOT control or guarantee the behavior of any broker, bridge, exchange, or connection, and does NOT receive, hold, or have custody of your funds, securities, or positions. 11.2 Every order, modification, and cancellation transmitted through a connected broker is placed by you, on your own authority and at your own risk, and is executed, cleared, and settled by your broker under your own agreement with that broker. You are solely responsible for reviewing and confirming every order before and after it is sent, for the configuration of any connected account or bridge, and for monitoring your open positions directly with your broker. 11.3 Connectivity failures, latency, broker or exchange outages, data-feed interruptions, API changes, bridge or software defects, or incorrect configuration may result in orders that are delayed, duplicated, partially filled, unfilled, mis-priced, rejected, or not transmitted, and in unintended trades or missed exits. Sharpnel is not responsible for any such order-handling outcome or for any act or omission of your broker or any third party. The Software is not designed or warranted for unattended, fully automated, or "hands-off" trade execution; any use in connection with automated or algorithmic order entry is undertaken entirely at your own risk, and you are responsible for maintaining your own independent risk controls, kill-switches, and position limits at your broker (see Section 17). 12. YOUR COMPLIANCE OBLIGATIONS You are solely responsible for ensuring that your use of the Software and your trading activity comply with all laws, regulations, exchange and broker rules, and tax obligations applicable to you in your country and place of residence, including securities, derivatives, commodities, foreign-exchange, market-conduct, anti-money-laundering, sanctions, and tax laws. The Software is offered globally but is not directed at, and may not be used by, any person in any jurisdiction where its provision or use would be unlawful or would subject Sharpnel to any registration or licensing requirement. Certain instruments, leverage levels, or products may be restricted or prohibited for retail traders in your jurisdiction; it is your responsibility to know and observe those restrictions. You are responsible for determining and reporting any tax consequences of your trading. Sharpnel provides no legal, regulatory, or tax advice. 13. THIRD-PARTY AND OPEN-SOURCE COMPONENTS 13.1 The Software includes Third-Party Components that are licensed to you under their own terms, not under this Agreement; to the extent of any conflict between this Agreement and such a component's license with respect to that component, the component's license governs. A list of these components and their licenses and required notices is provided in the NOTICES file included with the Software (Help > About > Open-Source Notices) and at https://www.sharpnel-trading.com/legal/notices. This file is bundled in the app and hosted at the URL above. 13.2 Qt (LGPL v3). The Software dynamically links the Qt toolkit under the GNU Lesser General Public License, version 3 ("LGPL v3"). In accordance with the LGPL v3: (a) you may use a modified version of the Qt libraries with the Software and may relink the Software against a modified-but-compatible version of those libraries for your own use; (b) the corresponding source code for the Qt libraries as distributed by Sharpnel, together with any modifications Sharpnel has made, is available at https://www.sharpnel-trading.com/legal/qt-source (or on written request to the address in the header above, for at least three years); and (c) nothing in this Agreement restricts any right you have under the LGPL v3 with respect to the Qt libraries. 13.3 Other open-source components are distributed under licenses such as the MIT, BSD, and Apache 2.0 licenses, as identified in the NOTICES file; your rights in each are governed solely by its own license. 13.4 The Software surfaces data from third-party and public sources under their own terms. Sharpnel makes no warranty and accepts no liability with respect to such data or components, including as to accuracy, completeness, timeliness, availability, legality of your use, or fitness for any purpose, and is not responsible for any act, omission, error, delay, outage, change, or discontinuation of any third-party data source, feed, broker, or component. 14. AUTOMATIC UPDATES The Software includes an automatic update mechanism. You consent to Sharpnel automatically checking for, downloading, and installing updates, upgrades, patches, bug fixes, and new versions of the Software (each, an "Update"), and to the Software communicating with Sharpnel's servers for that purpose. Updates may add, change, or remove features and may be required for continued operation, security, or compatibility. Each Update is part of and governed by this Agreement (or the then-current version presented to you). Sharpnel does not guarantee that any particular feature, integration, or data source will remain available across versions, except as required by applicable consumer law for the conformity of the digital content or service. If your device or settings prevent Updates from installing, the Software may not function correctly or securely, and Sharpnel is not responsible for any resulting issues. 15. INTELLECTUAL PROPERTY; FEEDBACK 15.1 Ownership; reservation of rights. The Software and all copies, and all intellectual-property rights in and to it — including its source and object code, algorithms, models, the design and computation of its analytics (including footprint/order-flow, options analytics such as greeks, GEX, max-pain and payoff, DOM heatmaps, volume profile, backtesting, Monte Carlo and forecast/projection tools), data structures, screen layouts, interaction patterns, and "look and feel" — are and remain the exclusive property of Sharpnel Trading and its licensors, protected by copyright, trade-secret, database, and other laws of Belgium, the European Union, the United States, and international treaties. All rights not expressly granted in Section 2 are reserved. No right or license is granted to you by implication, estoppel, exhaustion, or otherwise. 15.2 Trademarks. "Sharpnel", "Sharpnel Trading", "Sharpnel Desktop", the Sharpnel logo, and all related names, marks, and trade dress are trademarks of Sharpnel Trading. This Agreement grants you no right or license to use any Sharpnel trademark, trade name, or trade dress. You shall not use any Sharpnel mark, or any confusingly similar mark, in any product, service, domain name, social-media handle, advertising, or other materials without Sharpnel's prior written consent. All goodwill from any use of the marks inures solely to Sharpnel. 15.3 Feedback. If you provide any suggestions, ideas, enhancement requests, bug reports, or other feedback regarding the Software or services ("Feedback"), you grant Sharpnel a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, incorporate, and otherwise exploit such Feedback for any purpose, including to develop, improve, and commercialize the Software, without any obligation, attribution, or compensation to you. You represent that you have the right to grant this license and that your Feedback contains no third-party confidential information. Feedback is provided on a non-confidential basis. 16. WARRANTY DISCLAIMER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, ALL DATA, AND ALL ANALYTICAL OUTPUTS (INCLUDING SIGNALS, SCORES, BACKTESTS, SIMULATIONS, FORECASTS, GREEKS, GEX, MAX-PAIN, PAYOFF, VOLUME PROFILE, AND ORDER-FLOW ANALYTICS) ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SHARPNEL AND ITS LICENSORS AND DATA PROVIDERS EXPRESSLY DISCLAIM ALL SUCH WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SHARPNEL DOES NOT WARRANT THAT: (a) THE SOFTWARE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE SOFTWARE WILL MEET ANY UPTIME, LATENCY, OR PERFORMANCE LEVEL; (c) ANY DATA, QUOTE, PRICE, GREEK, LEVEL, CALCULATION, OR OTHER OUTPUT IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR FREE FROM DELAY, GAPS, OR DEFECTS; (d) DEFECTS WILL BE CORRECTED; OR (e) THE SOFTWARE OR THE SERVERS OR DATA FEEDS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHARPNEL MAKES NO GUARANTEE, REPRESENTATION, OR ASSURANCE OF ANY PROFIT, RETURN, OR OUTCOME. NO ADVICE OR INFORMATION OBTAINED FROM SHARPNEL OR THROUGH THE SOFTWARE CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY WARRANTY, RIGHT, OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING THE STATUTORY CONFORMITY RIGHTS OF CONSUMERS UNDER BELGIAN AND EUROPEAN UNION LAW (INCLUDING DIRECTIVE (EU) 2019/770 ON DIGITAL CONTENT AND SERVICES); WHERE SUCH MANDATORY RIGHTS APPLY, THEY REMAIN UNAFFECTED, AND THE DISCLAIMERS ABOVE APPLY ONLY TO THE FULLEST EXTENT THE LAW PERMITS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. 17. NO HIGH-RISK USE The Software is a general-purpose analytical tool. It is NOT designed, intended, warranted, or authorized for use in any high-risk, safety-critical, or fault-intolerant environment, or for any use in which a failure, delay, inaccuracy, or interruption could lead to death, personal injury, or severe physical, financial, or environmental damage. Without limiting the foregoing, the Software is not designed or warranted for unattended, fully automated, or "hands-off" trade execution. You are responsible for independently monitoring, supervising, and verifying any orders, connectivity, and outputs, and for maintaining your own independent risk controls. Sharpnel disclaims all liability arising from any high-risk or unsupervised use. 18. LIMITATION OF LIABILITY 18.1 Allocation of risk. You acknowledge that the fees for the Software are set in reliance on the warranty disclaimers, the limitation and exclusion of liability, and the indemnities in this Agreement, and that those provisions reflect a deliberate and reasonable allocation of risk that forms an essential basis of the bargain between you and Sharpnel. The Software is priced as an analytical tool, not as a guaranteed or fault-tolerant trading, execution, or financial-decision system. These provisions apply even if any limited remedy is found to have failed of its essential purpose, and survive termination. 18.2 Exclusion of damages. SUBJECT TO SECTION 18.4, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHARPNEL AND ITS OPERATOR, SUPPLIERS, LICENSORS, AND DATA PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS, ANY TRADING OR INVESTMENT LOSSES, ANY LOST, CORRUPTED, OR INACCESSIBLE DATA, ANY BUSINESS INTERRUPTION, OR ANY COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the foregoing, Sharpnel is not liable for losses arising from your trading decisions, from reliance on any data or analytical, hypothetical, simulated, or forecast output, or from the acts, omissions, outages, or order-handling of any broker, exchange, data provider, or connection. 18.3 Aggregate cap. SUBJECT TO SECTION 18.4, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF SHARPNEL AND ITS OPERATOR, SUPPLIERS, LICENSORS, AND DATA PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL SUBSCRIPTION FEES YOU ACTUALLY PAID TO SHARPNEL FOR THE SOFTWARE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED EUROS (EUR 100). THIS CAP APPLIES IN THE AGGREGATE ACROSS ALL CLAIMS AND CLAIMANTS, APPLIES EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND DOES NOT APPLY TO YOUR PAYMENT OR INDEMNIFICATION OBLIGATIONS. 18.4 Non-excludable liability. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR: (a) FRAUD OR FRAUDULENT MISREPRESENTATION; (b) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (c) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (d) ANY LIABILITY THAT MANDATORY CONSUMER-PROTECTION LAW (INCLUDING THE LAW OF AN EU/EEA, UK, OR BELGIAN CONSUMER'S COUNTRY OF RESIDENCE) DOES NOT PERMIT TO BE EXCLUDED. If you are a Consumer, the limitations in this Agreement apply only to the extent permitted by the mandatory law of your country of residence. Where any exclusion, limitation, or cap is held unenforceable, it applies to the fullest extent permitted and the remainder stays in effect. 19. INDEMNIFICATION To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless Sharpnel Trading and its contractors, suppliers, and licensors (the "Indemnified Parties") from and against any third-party claims, demands, actions, and proceedings, and all resulting losses, damages, liabilities, fines, penalties, settlements, costs, and expenses (including reasonable legal fees), arising out of or relating to: (a) your use or misuse of the Software; (b) your trading, investment, or order-entry activity and any decisions you make in connection with the Software, including through any broker connection or bridge; (c) your breach of this Agreement, the ToS, or any market-data, broker, exchange, or third-party terms; (d) your violation of any applicable law or the rights of any third party (including intellectual-property, privacy, or data-protection rights); and (e) any content, credentials, or configuration you provide. Sharpnel will give you prompt notice of any such claim, may participate in the defense with Sharpnel's own counsel at Sharpnel's own expense, and you will not settle any claim in a way that imposes any obligation or admission on an Indemnified Party without its prior written consent. If you are a Consumer, this Section applies only to claims arising from your own breach, fault, or unlawful conduct, and only to the extent permitted by the mandatory consumer law of your country of residence; it does not require you to indemnify an Indemnified Party for that party's own negligence or wrongdoing. 20. EXPORT CONTROLS AND SANCTIONS The Software, and your use of it, are subject to the export-control and economic-sanctions laws of the United States (including the U.S. Export Administration Regulations and the programs administered by the U.S. Treasury Office of Foreign Assets Control (OFAC)), the European Union and its Member States, and other applicable jurisdictions. You represent and warrant that: (a) you are not located in, ordinarily resident in, organized under the laws of, or a national of any country or territory subject to comprehensive sanctions or embargo (including, as of the date of this Agreement, Cuba, Iran, North Korea, Syria, and the Crimea, so-called Donetsk People's Republic, and Luhansk People's Republic regions of Ukraine); (b) you are not identified on any restricted-party, denied-party, or sanctions list (including OFAC's Specially Designated Nationals and Blocked Persons List or any EU/UK consolidated sanctions list), nor owned or controlled by any such party; and (c) you will not use, export, re-export, or transfer the Software, or use it to access or facilitate dealings, in violation of any such laws. Any sanctions-screening data displayed in the Software is provided for informational purposes only and does not constitute legal or compliance advice; you remain solely responsible for your own sanctions and export-control compliance. Sharpnel may suspend or terminate your access immediately if Sharpnel determines you are or have become a restricted party or are in breach of this Section. 21. ELIGIBILITY You may use the Software only if you are at least 18 years old (or the age of majority and full contractual capacity in your jurisdiction, if higher), can form a legally binding contract, and are not barred from using the Software under the laws of Belgium, the United States, your country of residence, or any other applicable jurisdiction. If you accept this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity. You further represent that you are not prohibited from receiving the Software under Section 20, and that you have, and will maintain, your own brokerage account and any required market-data subscriptions or licenses necessary to use the Software lawfully. 22. TERM, TERMINATION, SUSPENSION, AND SURVIVAL 22.1 Term. This Agreement applies from your first acceptance and continues while you have the Software installed or use it. 22.2 Termination and suspension. This Agreement and your license terminate automatically if you breach it. Sharpnel may also suspend or terminate your license or Account as described in Sections 4.6, 5, and 20, or for material breach, with notice where practicable. You may terminate at any time by ceasing all use of the Software and deleting all copies; cancellation of a paid Subscription is governed by Section 4.5. 22.3 Effect. On termination, all rights granted to you end, and you must stop using the Software and delete all copies (except as mandatory law allows you to retain). Termination does not entitle you to any refund except as stated in Section 4 or as required by law, and does not limit any other remedy. 22.4 Survival. The following survive any termination or expiry of this Agreement and of your Subscription: Sections 1 (Definitions), 3 (Restrictions), 4 (accrued fees and refund terms), 7–12 (financial, data, broker, and compliance disclaimers), 13 (Third-Party Components), 15 (IP and Feedback), 16 (Warranty Disclaimer), 17 (No High-Risk Use), 18 (Limitation of Liability), 19 (Indemnification), 20 (Export and Sanctions), 23 (Privacy — to the extent applicable), 24 (Force Majeure), and 25–27 (Governing Law, Dispute Resolution, and General Provisions), and any other provision that by its nature should survive. 23. PRIVACY AND TELEMETRY 23.1 Controller and Privacy Policy. The controller of your personal data is Sharpnel Trading, reachable at [email protected]. How Sharpnel collects, use, disclose, retain, secure, and transfer personal data — and your rights under the EU General Data Protection Regulation (GDPR) and other applicable laws — is described in full in the Privacy Policy at https://www.sharpnel-trading.com/privacy, which is incorporated into this Agreement by reference. On any question concerning the processing of personal data, the Privacy Policy as updated from time to time prevails over this Agreement. This Section is a summary and a consent record for the optional crash telemetry; it does not narrow or expand the Privacy Policy or your non-waivable data-protection rights. 23.2 Account, authentication, and entitlement data (necessary). To run a licensed copy, the Software stores authentication tokens on your device and exchanges them with Sharpnel's servers to verify your identity, confirm your active tier, and enforce concurrent-session limits. Account data (such as your email, username, and subscription status), authentication tokens, and usage/entitlement signals are processed as necessary to provide the Software and perform Sharpnel's contract, and to detect and prevent fraud, abuse, and unauthorized account sharing as a legitimate interest. This processing is required for the Software to function and is independent of your crash-telemetry choice. 23.3 Optional crash telemetry (OFF by default). Diagnostic crash files are written only to your own device. The Software does not transmit any crash data unless you affirmatively opt in. If, and only if, you enable "Send anonymous crash reports" (on this screen or later under Settings), then after a crash the Software sends Sharpnel a scrubbed crash summary consisting of: the crash type/reason, the time of the crash, up to fourteen lines of technical call-stack (function and module names with offsets), the Software version, and your operating-system name and version. Before sending, the Software removes your local account/user name and replaces local file paths so they no longer reveal it. The Software does NOT send your application logs, watchlists, charts, trades, broker credentials, API keys, screen contents, keystrokes, or any data you enter. The lawful basis is your consent. You may withdraw consent at any time, with effect for the future, by disabling the setting Settings → General → "Send anonymous crash reports"; withdrawal stops all further uploads and is as simple as granting it. Leaving it off has no effect on your ability to use the Software at your tier. 23.4 Network metadata. As with any internet request, when the Software contacts Sharpnel's servers (for crash uploads, updates, licensing/entitlement checks, or normal operation) Sharpnel's servers receive standard connection metadata, including your IP address and a Software/OS user-agent string, which may be processed and briefly retained for security, abuse-prevention, and diagnostics. While the crash summary itself is stripped of directly-identifying content, the associated connection metadata may constitute personal data and is handled as described in the Privacy Policy. "Anonymous," where used in the interface, refers to the absence of your account identity, name, or entered content in the report payload, not to connection-level metadata. 23.5 Your content and credentials. Workspace layouts, watchlists, alerts, presets, study configurations, and similar settings you create are yours; some are stored on your device and some are synced to your Account to provide the Software, and in either case Sharpnel does not sell them or use their contents for advertising. Any broker or third-party data credentials, API keys, or access tokens you enter to connect your own accounts (for example your Interactive Brokers or MetaTrader connection) are used solely to establish the connection you request and are not transmitted to Sharpnel as part of any crash report or telemetry. You are responsible for keeping such credentials confidential. 23.6 Your rights; international transfers; security. Subject to applicable law, you may request access to, correction, deletion, or portability of your personal data, and may object to or request restriction of certain processing, by contacting [email protected]. If you are in the EU/EEA you may lodge a complaint with your local supervisory authority; for this controller that is the Belgian Data Protection Authority (Gegevensbeschermingsautoriteit / Autorité de protection des données, www.dataprotectionauthority.be). The Software and Sharpnel's service providers may process personal data outside your country, including in the United States; where personal data is transferred out of the EU/EEA Sharpnel relies on appropriate safeguards (such as the European Commission's Standard Contractual Clauses and/or recipients under an approved transfer framework) as described in the Privacy Policy Standard Contractual Clauses (and, where the recipient is certified, the EU–US Data Privacy Framework). Sharpnel implements reasonable technical and organizational measures appropriate to the risk (including TLS in transit, hashed and salted passwords, scoped tokens, and PCI-DSS-compliant payment handling by Stripe); no method is completely secure and Sharpnel cannot guarantee absolute security, but nothing in this Agreement limits Sharpnel's obligations under applicable data-protection law, including Sharpnel's breach-notification duties under GDPR Articles 33–34. 24. FORCE MAJEURE Sharpnel will not be liable or deemed in breach for any delay, interruption, degradation, or failure to perform to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, governmental, regulatory, or exchange action, labor disputes, failures or outages of the internet, telecommunications, electricity, cloud hosting, or other utilities, failures, outages, or changes of third-party brokers, exchanges, data providers, payment processors, or other suppliers, denial-of-service or other malicious attacks, and any other event of force majeure. During any such event the affected obligations are suspended, and any availability expectation does not apply. This Section does not relieve you of your obligation to pay fees already accrued. 25. CHANGES TO THE SOFTWARE AND TO THIS AGREEMENT Sharpnel may modify, update, suspend, or discontinue the Software or any feature, in whole or in part, at any time, subject to applicable consumer law on the conformity of digital content and services. Sharpnel may also amend this Agreement. For changes that do not materially reduce your rights, the amended Agreement is effective when posted or presented in the Software. For changes that materially affect your rights or obligations (and, where you are a Consumer, in any event), Sharpnel will give you reasonable prior notice by email or in-Software notice — at least thirty (30) days before the change takes effect for paid subscribers — stating the effective date. If you do not agree to a material change, you may reject it by terminating your Subscription and ceasing to use the Software before the effective date, and, where required by law, you will receive a pro-rata refund of any prepaid, unused fees for the affected period. Your continued use after the effective date constitutes acceptance, to the extent permitted by applicable law. This Section does not limit any non-waivable termination or withdrawal right you have as a Consumer. Where this Agreement materially expands the financial-risk terms, you may be re-prompted to accept the updated Agreement. 26. GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION 26.1 Governing law. This Agreement, and any dispute, claim, or controversy arising out of or relating to it or to the Software (including non-contractual disputes), are governed by and construed in accordance with the laws of Belgium, without regard to its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). 26.2 Jurisdiction. Subject to Section 26.4, the courts of Belgium located in the judicial district of Sharpnel's business address, West Flanders (West-Vlaanderen) have exclusive jurisdiction. 26.3 EU/UK consumer carve-out. NOTHING IN THIS SECTION DEPRIVES YOU, WHERE YOU USE THE SOFTWARE AS A CONSUMER, OF THE PROTECTION OF THE MANDATORY PROVISIONS OF THE LAW OF YOUR COUNTRY OF HABITUAL RESIDENCE THAT CANNOT BE DEROGATED FROM BY AGREEMENT (Rome I, Article 6), AND DOES NOT DEPRIVE YOU OF YOUR RIGHT TO BRING PROCEEDINGS IN, OR BE SUED ONLY IN, THE COURTS OF YOUR COUNTRY OF RESIDENCE WHERE APPLICABLE LAW SO REQUIRES (Brussels Ia, Articles 17–19). The choice of Belgian law applies only to the extent it does not deprive such a Consumer of that protection. If you are a Consumer in Belgium or the EU and Sharpnel cannot resolve a complaint directly, you may contact the Belgian Consumer Mediation Service (Service de Mediation pour le Consommateur / Consumentenombudsdienst, https://mediationconsommateur.be); Sharpnel is not obliged to, and do not commit to, use a particular alternative dispute-resolution body. (The EU Online Dispute Resolution platform was discontinued on 20 July 2025.) 27. GENERAL PROVISIONS 27.1 Incorporation by reference; order of precedence. This Agreement incorporates by reference, and you also agree to, Sharpnel's Terms of Service (https://www.sharpnel-trading.com/terms) and Privacy Policy (https://www.sharpnel-trading.com/privacy), each as amended from time to time. These documents are intended to be read together without conflict. If and to the extent of an irreconcilable conflict, the following order controls for your use of the desktop Software: (1) this Agreement; (2) the Terms of Service; (3) the Privacy Policy — except that, on any question concerning the processing of personal data, the Privacy Policy prevails (Section 23.1), and on billing, consumer rights, and any matter the ToS governs in detail, the ToS controls. Notwithstanding any contrary statement in the ToS, the governing law and jurisdiction for the desktop Software are as stated in Section 26. Nothing in this order of precedence reduces any mandatory consumer protection or any right that cannot be waived under applicable law. 27.2 Assignment. You may not assign, transfer, delegate, or sublicense this Agreement or any rights or obligations under it, in whole or in part, by operation of law or otherwise, without Sharpnel's prior written consent; any attempted assignment in violation of this Section is void. Sharpnel may assign or transfer this Agreement, in whole or in part, without restriction or notice, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of Sharpnel's business or assets. This Agreement binds and benefits the parties and their permitted successors and assigns. 27.3 Severability. If any provision is held invalid, illegal, or unenforceable (including as unfair or unenforceable against a Consumer under applicable mandatory law), it will be modified to the minimum extent necessary to make it valid and enforceable, or, if it cannot be so modified, severed, and the remaining provisions continue in full force. Invalidity in one jurisdiction does not affect validity in any other. 27.4 Entire agreement. This Agreement, together with the incorporated Terms of Service and Privacy Policy, constitutes the entire agreement between you and Sharpnel Trading regarding the Software and supersedes all prior or contemporaneous understandings, whether written or oral, on that subject. No statement or promise not set out here may be relied upon, except that nothing in this Section limits or excludes any liability for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law. 27.5 No waiver. No failure or delay in exercising any right operates as a waiver, nor does any single or partial exercise preclude any further exercise. A waiver is effective only if in writing and signed (including electronically) by an authorized representative of Sharpnel, and applies only to the specific instance for which it is given. 27.6 Electronic communications and consent. You consent to receive communications from Sharpnel electronically, including by email to your Account address and by notices presented in the Software (such as this first-run notice). You agree that all agreements, notices, disclosures, and other communications Sharpnel provides electronically satisfy any legal requirement that they be in writing, and that your electronic acceptance of this Agreement (for example, by clicking "I Agree" or continuing to use the Software) has the same legal effect as a handwritten signature. Consent to communications necessary for the Software, your Account, billing, security, and legal notices is a condition of using the Software. It is your responsibility to keep your contact details current. 27.7 Notices. Legal notices to Sharpnel must be sent to [email protected] and, where required, to the business address in the header. Sharpnel may give you notice via your Account email or in-Software. 27.8 Headings; interpretation; language. Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." References to a statute or regulation include its amendments and successors. This Agreement is drafted in English, and the English-language version governs and prevails over any translation; where Sharpnel provides a translation for your convenience, or where applicable consumer law requires terms in your local language, that translation is for information only and does not alter the binding English text except to the extent mandatory law provides otherwise. YOUR ACKNOWLEDGEMENT BY CLICKING "I AGREE," YOU REPRESENT AND ACKNOWLEDGE THAT: (a) you have read and understood this Agreement, including the risk disclosures in Sections 7 to 11; (b) you understand that trading involves a substantial risk of loss and that you may lose more than you deposit when using leverage; (c) you are trading with risk capital and have yourself assessed that the Software is suitable for you in light of your own financial condition, experience, and objectives; (d) you understand that all hypothetical, simulated, back-tested, and forecast outputs are illustrative and are not predictions or guarantees; (e) you are solely responsible for your own trading decisions and for compliance with the laws applicable to you; and (f) Sharpnel Trading has made no suitability or appropriateness determination on your behalf. If you do not agree, click "Cancel" / "Decline" and do not use the Software. © 2026 Sharpnel Trading. All rights reserved.
