TradeWinds Terms of Use and Risk Disclosure

Terms of Service

Effective July 9, 2026

These Terms of Service ("Terms") govern your use of eClawmerce websites, products, software, subscriptions, and services, including TradeWinds Trading Partner (collectively, the "Services"). By visiting, purchasing, subscribing to, accessing, or using the Services, you agree to these Terms, our Refund Policy, and our Subscription and Cancellation Policy. If you do not agree, do not use or purchase the Services.

1. Eligibility and authority

You must be at least 18 years old and legally able to enter a binding agreement. If you use the Services for a business or another person, you represent that you have authority to bind that party.

2. TradeWinds is software, not financial advice

TradeWinds is a rules-based charting, analysis, alerting, and automation software tool. It is not a broker, dealer, commodity trading advisor, investment adviser, fiduciary, prop firm, exchange, or financial institution. eClawmerce does not hold customer funds, place trades as your agent, manage accounts, or provide personalized investment, legal, accounting, or tax advice.

All information, signals, alerts, scores, reports, examples, and documentation are educational and informational. You are solely responsible for deciding whether, when, and how to trade and for every order submitted to your accounts.

3. Futures and leveraged trading risk

Futures, derivatives, and leveraged trading involve substantial risk of loss and are not suitable for all investors. You can lose some or all of your deposited capital and, depending on the product and account, may lose more than your initial investment. Market volatility, gaps, slippage, rejected orders, liquidity, data errors, latency, disconnections, and broker or platform failures can cause actual results to differ materially from expected results or configured risk limits.

Risk controls, stops, daily limits, position sizing, blackout windows, and automation safeguards can fail, be delayed, or behave unexpectedly. No software can eliminate trading risk or guarantee that a stop, loss cap, flatten command, or lockout will execute at an intended price or amount.

4. No guarantees; performance information

We do not guarantee profits, winning trades, account preservation, funded-account qualification, withdrawals, uptime, error-free operation, or any particular outcome. Past performance is not indicative of future results.

Hypothetical, simulated, backtested, paper, or evaluation results have inherent limitations. They do not represent actual trading and may not account for all commissions, fees, spreads, slippage, liquidity, data differences, execution delays, or human intervention. No representation is made that any account will achieve results similar to those shown.

5. Your responsibilities

You are responsible for verifying all settings, symbols, contracts, account mappings, alert versions, quantity rules, risk limits, broker connections, market-data permissions, and firm or account rules before enabling alerts or automation. You must supervise automated activity, maintain independent account-level protections, and know how to disable alerts and flatten positions.

You are responsible for determining whether automated trading is legal and permitted by your broker, exchange, employer, prop firm, funded-account provider, and jurisdiction. You must not use the Services to violate law, regulation, exchange rules, sanctions, or third-party terms.

6. Third-party services

TradingView, TradersPost, brokers, exchanges, market-data providers, payment processors, prop firms, and other integrations are independent third parties. Their products, availability, pricing, security, rules, outages, and actions are outside our control. References or links do not constitute endorsement or a guarantee of compatibility. Third-party fees are not included unless expressly stated.

7. Subscription, cancellation, and refunds

TradeWinds renews monthly until canceled. You authorize recurring charges according to the price and frequency shown at checkout. Cancellation prevents future renewals when completed before the next charge; it does not create a refund for the current period. All sales are final and non-refundable except where required by law or as expressly stated in our published policies.

8. Limited license and prohibited use

Subject to payment and compliance with these Terms, eClawmerce grants you a limited, personal, non-exclusive, non-transferable, revocable license to use the purchased software and documentation for your own authorized accounts. You may not share access or credentials; copy, reproduce, publish, sell, sublicense, distribute, or publicly display the software or documentation; reverse engineer or attempt to extract source code or protected logic; bypass access controls; scrape or commercially exploit the Services; or use the Services to build or train a competing product.

9. Intellectual property

The Services, TradeWinds name and branding, software logic, scripts, interfaces, reports, documentation, graphics, and related materials are owned by eClawmerce or its licensors and are protected by intellectual-property laws. No ownership transfers to you.

10. Availability, updates, and suspension

The Services may be modified, updated, interrupted, or discontinued. We may suspend or terminate access for nonpayment, abuse, credential sharing, security risk, legal risk, violation of these Terms, or misuse. Features, integrations, settings, and documentation may change without guaranteeing backward compatibility.

11. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, OR RESULTS. YOU USE THE SERVICES AT YOUR OWN RISK.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECLAWMERCE AND ITS OWNERS, AFFILIATES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR TRADING LOSSES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF DATA, BUSINESS INTERRUPTION, ACCOUNT CLOSURE, PROP-FIRM OR FUNDED-ACCOUNT FAILURE, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO ECLAWMERCE FOR THE SPECIFIC SERVICE DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless eClawmerce and its owners, affiliates, contractors, licensors, and service providers from claims, losses, liabilities, and reasonable expenses arising from your trading activity, misuse of the Services, violation of these Terms, violation of law, or infringement of third-party rights.

14. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Unless applicable law requires otherwise, disputes must be brought in the state or federal courts serving Volusia County, Florida, and you consent to their jurisdiction and venue.

15. Changes and severability

We may update these Terms by posting a revised version with a new effective date. Continued use after an update constitutes acceptance. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain effective.

16. Contact

Questions about these Terms may be sent to admin@eclawmerce.com.