1. Acceptance of these Terms
These Terms of Service (“Terms”) are a legal agreement between you and K3C DIGITAL LLC (“Company,” “we,” “us,” or “our”). They govern your purchase, installation, access to, and use of Automatic Pilot Method (“APM,” the “Software,” or the “Product”).
By purchasing, downloading, installing, activating, or using APM, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, do not purchase, install, activate, or use the Software.
2. Eligibility
You must be at least 18 years old and legally capable of entering a binding agreement. You are responsible for determining whether your use of automated trading software is lawful and permitted in your jurisdiction and by your broker, account provider, prop firm, platform connection, and any other applicable third party.
3. What we sell
APM is licensed software designed to run a predefined, rules-based MNQ futures strategy within NinjaTrader 8. It is delivered electronically for installation and activation by the customer.
APM is not a brokerage account, managed account, investment fund, investment opportunity, deposit product, copy-trading service, signal subscription, custody service, or guarantee of financial performance.
4. Software license
Subject to payment and continued compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to install and use APM for your own lawful purposes. A monthly license remains active only while the subscription is current. A one-time lifetime license remains subject to these Terms and the technical-availability limitations described below.
You may not:
- Resell, rent, lease, sublicense, share, publish, or distribute the Software or your license credentials
- Copy, modify, translate, reverse engineer, decompile, disassemble, bypass, or attempt to extract the Software’s source code, except where applicable law expressly permits it
- Remove ownership notices or defeat licensing, access-control, or security measures
- Use the Software to provide account management, signals, copy trading, or services to third parties without our written authorization and any required licenses
- Use APM for illegal, fraudulent, deceptive, or unauthorized activity
5. Customer-controlled account and funds
We do not open, control, access, hold, receive, transfer, invest, withdraw, or manage customer funds. We do not have discretionary authority over customer accounts.
You maintain sole control of your computer or VPS, NinjaTrader installation, broker or account connection, trading capital, contract quantity, risk settings, enabled status, and decision to use or stop using the Software. All orders generated by APM occur through the platform and account selected and controlled by you.
6. No financial advice or fiduciary relationship
APM is software that applies predefined rules. Nothing provided through the Product, website, reports, support, installation materials, or communications is individualized financial, investment, legal, tax, brokerage, or accounting advice.
No fiduciary, advisory, brokerage, agency, partnership, employment, or account-management relationship is created between you and the Company.
7. Futures trading risk
Futures trading is leveraged and involves a substantial risk of loss. It is not suitable for every person. You may lose your entire trading balance and, depending on your broker, account structure, and market conditions, may lose more than the amount initially deposited.
No software can eliminate trading risk or guarantee profitable results. You are solely responsible for deciding whether futures trading and APM are appropriate for your financial situation, experience, objectives, and risk tolerance. Only risk capital should be used.
8. Hypothetical, simulated, and past performance
Past, hypothetical, simulated, or backtested performance does not guarantee future results. Simulated results have inherent limitations and do not represent actual trading. They may not fully reflect liquidity, slippage, changing commissions, execution delays, rejected orders, market impact, user settings, technology failures, and other conditions affecting live trading.
No representation is made that any account will achieve profits or losses similar to any result, report, example, screenshot, statistic, or illustration presented by us.
9. Technology and execution risks
Use of APM depends on third-party technology and services. Results and operation may be affected by internet interruptions, electrical outages, computer or VPS failures, incorrect setup, platform changes, data-feed errors, broker restrictions, connection failures, software incompatibility, latency, partial fills, rejected orders, slippage, market gaps, extreme volatility, and other events outside our control.
You are responsible for reviewing settings, testing the Software in simulation before using capital, monitoring your own platform and account, maintaining backup procedures, and understanding how protective orders behave with your broker and connection.
10. Third-party services
APM requires or may interact with third-party products and services, including NinjaTrader 8, brokers, market-data providers, internet providers, VPS providers, and account providers. We do not control and are not responsible for their availability, pricing, rules, performance, security, compatibility, or decisions.
NinjaTrader and other third-party names and trademarks belong to their respective owners. Their mention does not imply affiliation, sponsorship, approval, or endorsement.
11. Payment and taxes
APM may be offered as either a monthly subscription or a one-time lifetime license, as clearly identified at checkout. The price, billing frequency, and selected license type shown at checkout form part of your purchase agreement.
By selecting the monthly subscription, you authorize the payment provider to charge the selected payment method every month until the subscription is canceled. You may cancel before the next renewal through the available Stripe customer portal or by contacting support. Unless applicable law requires otherwise, cancellation takes effect at the end of the then-current paid billing period and does not retroactively refund that period.
If a subscription payment fails, access may be suspended while the payment remains unpaid and restored after successful payment. You are responsible for applicable taxes, bank fees, currency-conversion charges, and third-party costs unless the checkout expressly states otherwise.
12. Refunds
An eligible one-time purchase or initial monthly-subscription payment may be refunded when requested within seven (7) calendar days of the original purchase date, subject to our published Refund Policy. Later subscription renewals are not covered by the initial seven-day guarantee unless required by applicable law or caused by a verified billing error. A refund covers only the amount paid directly for the APM license and does not reimburse trading losses, commissions, broker charges, prop-firm fees, data fees, VPS costs, platform costs, or other third-party expenses.
When a refund is issued, the associated license may be deactivated.
13. Delivery, activation, and support
The Software and related instructions are delivered electronically. You are responsible for providing an accurate email address and compatible environment. Support is limited to reasonable assistance with product delivery, installation, activation, and documented operation. Support does not include individualized trading instructions, financial advice, broker services, account management, or guarantees of compatibility with every third-party configuration.
14. License duration and updates
A monthly license remains available through the end of each successfully paid billing period and renews while the subscription remains active. A canceled monthly subscription remains active through the end of the paid period unless access is terminated earlier for fraud, chargeback, unlawful use, or a material breach of these Terms.
For a one-time purchase, “lifetime” refers to the duration of the purchased APM product license while the applicable version remains technically available and supportable by us. It does not mean the customer’s lifetime, guarantee uninterrupted compatibility with future third-party software, or require us to create new products or features.
Updates may be provided while the Product is supported, but we do not guarantee any specific update, feature, integration, compatibility period, or support duration. Material changes to what was purchased will be communicated where required.
15. Intellectual property
APM, its software, logic, compiled files, documentation, design, branding, website content, and related materials are owned by or licensed to K3C DIGITAL LLC and are protected by intellectual-property laws. Purchasing a license does not transfer ownership or source-code rights.
16. Suspension and termination
We may suspend or terminate a license when reasonably necessary to address nonpayment, an ended subscription, fraud, chargeback abuse, unlawful use, unauthorized sharing or resale, security threats, intellectual-property violations, or a material breach of these Terms. A monthly subscription scheduled for cancellation normally remains usable until the end of its already-paid billing period. Where reasonable and lawful, we will provide notice and an opportunity to resolve the issue.
Provisions concerning ownership, payment obligations, risk, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution survive termination.
17. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, APM AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, COMPATIBILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
WE DO NOT WARRANT THAT APM WILL GENERATE PROFITS, AVOID LOSSES, PASS AN EVALUATION, COMPLY WITH EVERY THIRD-PARTY RULE, OR OPERATE WITHOUT INTERRUPTION OR ERROR.
18. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, K3C DIGITAL LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR TRADING LOSSES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, ACCOUNT TERMINATION, THIRD-PARTY FEES, OR BUSINESS INTERRUPTION ARISING FROM OR RELATED TO APM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE PRODUCT OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID DIRECTLY TO US FOR THE APM LICENSE GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, the provisions apply only to the extent permitted by law.
19. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless K3C DIGITAL LLC and its owners, officers, employees, contractors, and agents from claims, damages, liabilities, costs, and expenses arising from your unlawful use of APM, violation of these Terms, violation of third-party rights or rules, or use of the Software on accounts you are not authorized to control.
20. Governing law and venue
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles. Subject to any rights that cannot lawfully be waived, disputes arising from these Terms or APM will be brought in the state or federal courts located in Sheridan County, Wyoming, and the parties consent to that jurisdiction and venue.
21. Changes to these Terms
We may update these Terms to reflect changes to the Product, law, security, payment processing, or business operations. The updated version will be posted with a revised “Last Updated” date. Where legally required, we will provide additional notice. Changes do not retroactively remove rights already granted by applicable law.
22. General provisions
If any provision is found unenforceable, the remaining provisions remain effective. A failure to enforce a provision is not a waiver. These Terms, together with the policies linked below and information presented at checkout, constitute the agreement concerning your purchase and use of APM. You may not assign your rights under these Terms without our written consent. We may assign these Terms as part of a merger, acquisition, reorganization, or transfer of the Product or business.
23. Contact
Questions about these Terms may be sent to:
K3C DIGITAL LLC
contact@omatheusborba-mpa.com