EightThirty — Terms of Service and End User License Agreement

Effective Date: June 05, 2026 Last Updated: June 05, 2026

READ THESE TERMS CAREFULLY BEFORE PURCHASING, DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE. THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, REQUIRE INDIVIDUAL ARBITRATION OF DISPUTES, AND WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

These Terms of Service and End User License Agreement (collectively, "Terms") constitute a binding legal contract between you, the individual or entity purchasing or using the Service ("Customer," "User," or "you"), and EightThirty Trading Ventures LLC, a Texas limited liability company, including its members, managers, officers, employees, contractors, agents, affiliates, successors, and assigns (collectively, "EightThirty," "Company," "we," "us," or "our"), governing your purchase, license, download, installation, configuration, and use of the EightThirty software application and all associated documentation, updates, license keys, websites, and services (collectively, the "Service").

By clicking "I Agree," entering payment information, downloading, installing, launching, or otherwise using any portion of the Service, you irrevocably represent that: (a) you are at least 18 years of age and have full legal capacity to enter into binding contracts; (b) you have read, understood, and agree to be bound by these Terms in full; and (c) if you are entering into these Terms on behalf of an entity, you have authority to bind that entity. If you do not agree to any provision of these Terms, do not purchase, download, install, or use the Service.

1. Nature of the Service

EightThirty provides software that automates the placement and management of orders on the TopstepX trading platform on behalf of the User. The Service is a software tool only. EightThirty is not, and does not act as, any of the following: a broker-dealer, futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator, registered investment adviser, financial planner, tax advisor, attorney, or any other licensed professional in any jurisdiction.

EightThirty does not custody, hold, route, execute, clear, or settle trades. All orders are placed through your own TopstepX account using credentials you provide. EightThirty does not guarantee that any order will be placed, accepted, filled, modified, or cancelled at any particular time or price, or at all.

EightThirty does not offer, and nothing provided by EightThirty constitutes, investment advice, trading advice, financial advice, a recommendation, an offer to buy or sell any security or commodity, or a solicitation of any kind.

2. NO ADVICE; NO RELIANCE

You acknowledge and agree that:

(a) Nothing communicated by EightThirty — including the Service itself, the EightThirty website, marketing materials, support communications, social media posts, screenshots, videos, testimonials, performance examples, default configurations, suggested settings, documentation, or any other content — constitutes financial, investment, trading, tax, legal, accounting, or any other form of professional advice.

(b) Any examples, demonstrations, historical results, hypothetical performance, or descriptions of past trades are for illustrative purposes only and have no predictive value.

(c) You are not relying on any statement, representation, warranty, recommendation, or omission by EightThirty in deciding to purchase, configure, or use the Service.

(d) Before making any trading decision you should consult with a licensed financial advisor familiar with your specific circumstances.

(e) You are solely and exclusively responsible for evaluating the suitability of the Service for your circumstances, your risk tolerance, your trading strategy, your configuration choices, and the consequences of any trade placed using the Service.

3. ASSUMPTION OF RISK; ACKNOWLEDGEMENT OF TRADING RISK

TRADING FUTURES, OPTIONS, AND OTHER LEVERAGED INSTRUMENTS INVOLVES SUBSTANTIAL RISK OF LOSS AND IS NOT SUITABLE FOR ALL INDIVIDUALS. YOU CAN LOSE ALL OR MORE THAN THE AMOUNT YOU INTEND TO RISK.

You expressly acknowledge and agree that:

(a) You understand the risks of trading and have determined that the use of automated trading software is appropriate for you.

(b) You may lose access to, be disqualified from, or have funds withheld from, any TopstepX combine, evaluation, Express, funded, or other account due to trading activity initiated by the Service, your configuration of the Service, market events, platform failures, or for any other reason.

(c) Software, networks, computers, browsers, internet service providers, exchanges, brokers, and trading platforms can and do fail. Orders may be delayed, lost, misrouted, partially filled, filled at adverse prices, rejected, or never reach the exchange.

(d) Market conditions during news releases, illiquid hours, volatility events, exchange halts, gap openings, or otherwise can result in slippage and fills materially worse than intended.

(e) The Service's behavior depends entirely on configurations you choose. You are responsible for your settings, including symbol selection, contract size, range, breakeven parameters, fire timing, and all other parameters.

(f) YOU ASSUME ALL RISK OF LOSS, DAMAGE, OR LIABILITY OF ANY KIND ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SERVICE.

4. License Grant

Subject to your continuous compliance with these Terms and timely payment of all fees, EightThirty grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-bearing license to install and use one (1) copy of the Service on one (1) computer at any given time, solely for your own personal, non-commercial trading on accounts you personally own and control.

You receive no ownership interest in the Service. All rights not expressly granted are reserved by EightThirty.

5. License Restrictions

You shall not, and shall not permit any third party to, directly or indirectly:

(a) Copy, reproduce, modify, adapt, translate, or create derivative works of the Service in any form.

(b) Decompile, disassemble, reverse-engineer, deobfuscate, decrypt, extract, or otherwise attempt to discover the source code, object code, algorithms, structure, or any internal aspects of the Service.

(c) Distribute, sell, lease, license, sublicense, rent, lend, host, time-share, publish, transmit, or otherwise transfer the Service, any portion of the Service, or any access to the Service.

(d) Share, publish, sell, transfer, or disclose your license key with or to any third party.

(e) Use the Service on more than one (1) computer at a time per license, or operate multiple instances simultaneously under a single license.

(f) Use the Service to violate any applicable law, regulation, contract, terms of service, or right of any third party, including TopstepX's terms of service.

(g) Bypass, disable, tamper with, or attempt to circumvent any license verification, anti-piracy, authentication, security, or access control mechanism in the Service.

(h) Remove, alter, obscure, or interfere with any copyright, trademark, patent, or other proprietary notice in or on the Service.

(i) Use the Service to develop, train, benchmark against, or create a competing product.

(j) Use the Service in connection with any high-frequency manipulation, spoofing, layering, or other practice prohibited by exchange rules or applicable law.

(k) Use the Service for any purpose not expressly authorized by these Terms.

ANY VIOLATION OF THIS SECTION 5 IS A MATERIAL BREACH AND RESULTS IN IMMEDIATE, AUTOMATIC TERMINATION OF YOUR LICENSE WITHOUT REFUND, AND MAY RESULT IN CIVIL AND/OR CRIMINAL LIABILITY.

6. License Verification, Revocation, and Suspension

The Service contains license verification mechanisms requiring periodic communication with EightThirty's servers. You authorize this communication and acknowledge the Service will not function without it.

EightThirty may suspend, revoke, deactivate, or terminate your license at any time, for any reason or no reason, with or without notice, at its sole and absolute discretion, including but not limited to:

(a) Non-payment, payment failure, payment reversal, chargeback, or dispute of any charge; (b) Any breach or suspected breach of these Terms; (c) Suspected fraud, unauthorized use, or sharing of credentials; (d) Conduct EightThirty determines, in its sole judgment, may harm EightThirty, its other customers, TopstepX, or any third party; (e) Discontinuation of the Service or any part of it; (f) Compliance with any law, regulation, court order, or request from any government or regulatory body; (g) Any other reason or no reason.

Suspension, revocation, deactivation, or termination does not entitle you to any refund, prorated amount, credit, or compensation of any kind.

7. Fees, Billing, Auto-Renewal, and Payment Authorization

Subscription Fee: The Service is licensed on a recurring monthly subscription basis at the rate of $149.97 USD per month ("Subscription Fee"), or such other amount as EightThirty may set from time to time, charged in advance on the date of initial purchase and recurring every month thereafter on the same calendar day.

Auto-Renewal: Your subscription automatically renews each month until you cancel. By providing payment information, you irrevocably authorize EightThirty and its payment processor (Stripe, Inc.) to charge your payment method on a recurring monthly basis without further notice or authorization, indefinitely, until you affirmatively cancel.

Cancellation: You may cancel by logging into your account portal or emailing support. Cancellation takes effect at the end of your current billing period. Cancellation does not refund the current or any prior charge. It is your responsibility to cancel before the next billing date to avoid the next charge.

Failed Payment: If a charge fails for any reason, EightThirty may suspend or terminate your license immediately and without notice. You remain liable for all amounts owed.

Taxes: All fees are exclusive of any taxes. You are responsible for all sales, use, value-added, withholding, or other taxes arising from your purchase, except taxes on EightThirty's net income.

Price Changes: EightThirty may change pricing at any time. Changes apply to renewals after at least thirty (30) days' notice (which may be provided by email or through the Service).

8. ALL SALES FINAL — STRICT NO-REFUND POLICY

ALL PURCHASES OF THE SERVICE ARE FINAL. THERE ARE NO REFUNDS, RETURNS, CREDITS, EXCHANGES, OR PRORATED RETURNS OF ANY KIND, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO:

(a) Trading losses, drawdowns, or unprofitable trades of any size; (b) Loss of any TopstepX combine, evaluation, Express, funded, or other account; (c) Loss of activation fees, reset fees, or any other fees paid to TopstepX; (d) Software bugs, defects, errors, crashes, freezes, or unexpected behavior of any kind; (e) Downtime, outages, latency, or interruption of the Service or any third-party platform; (f) Incompatibility with your computer, operating system, internet connection, or other equipment; (g) Changes to the TopstepX platform that affect Service operation; (h) Suspension or termination of your license under Section 6; (i) Dissatisfaction with the Service for any reason; (j) Failure to use the Service; (k) Failure to cancel before a recurring charge; (l) Any unused portion of any subscription period; (m) Any other reason whatsoever.

BY PURCHASING THE SERVICE, YOU IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO REQUEST A REFUND, CHARGEBACK, OR REVERSAL OF CHARGES, WHETHER UNDER CONTRACT, STATUTE, REGULATION, CARDHOLDER AGREEMENT, OR OTHERWISE.

Initiating a chargeback, dispute, or payment reversal through your bank, card issuer, or payment processor is a material breach of these Terms and: (i) Constitutes immediate grounds for permanent termination of your license; (ii) Authorizes EightThirty to recover the disputed amount plus all chargeback fees, collection costs, legal fees, and damages; (iii) Authorizes EightThirty to report the dispute to credit reporting agencies and refer the matter to collections; (iv) Permanently bars you from ever purchasing the Service again under any name or entity.

9. Customer Responsibilities; Customer-Caused Issues

You are exclusively responsible for:

(a) All security of your account credentials, TopstepX JWT, license key, payment information, and computer; (b) Maintaining a computer, operating system, internet connection, power supply, and environment capable of running the Service without interruption during periods you intend to trade; (c) Configuring the Service appropriately for your goals and risk tolerance, including all parameters affecting orders; (d) Independently verifying that orders placed by the Service match your intentions before, during, and after each trading session; (e) Compliance with TopstepX's rules and terms of service in their entirety, as updated from time to time; (f) Compliance with all laws, regulations, and tax obligations in your jurisdiction; (g) All trading activity, profits, losses, fees, fines, account actions, and consequences arising from use of the Service with your credentials; (h) Any decisions made before, during, or after any trade.

EightThirty bears no responsibility whatsoever for issues caused, contributed to, or affected by: your hardware, operating system, network, internet provider, electricity, browser, anti-virus software, firewall, JWT expiration, JWT theft, account credential issues, TopstepX platform issues, exchange issues, market conditions, your configuration choices, your modifications to the Service, your failure to read documentation, your failure to monitor trading activity, your failure to update software, or any other factor outside EightThirty's direct, demonstrable control.

10. SERVICE PROVIDED "AS IS"; DISCLAIMER OF ALL WARRANTIES

THE SERVICE IS PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EIGHTTHIRTY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO:

EIGHTTHIRTY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OPERATE AS YOU EXPECT, OR PRODUCE ANY PARTICULAR OUTCOME.

Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, the foregoing exclusions apply to the maximum extent permitted by law.

11. MAXIMUM LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EIGHTTHIRTY OR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, OR SUCCESSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

(a) Any trading loss, lost profit, lost revenue, lost opportunity, or lost business of any size whatsoever; (b) Loss of any TopstepX account, including combines, evaluations, Express accounts, funded accounts, paid activation fees, reset fees, or withheld payouts; (c) Loss, corruption, or unavailability of data; (d) Loss of goodwill or reputation; (e) Cost of substitute software, services, or platforms; (f) Any indirect, incidental, consequential, special, exemplary, punitive, or aggravated damages; (g) Any damages arising from delays, errors, downtime, bugs, security breaches, third-party actions, market conditions, or any other cause; (h) Any other damages of any kind whatsoever;

REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTORY, OR OTHERWISE), AND REGARDLESS OF WHETHER EIGHTTHIRTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

MAXIMUM AGGREGATE LIABILITY: EIGHTTHIRTY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, IN AGGREGATE, FROM ALL CAUSES OF ACTION, IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO EIGHTTHIRTY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS LESS.

You acknowledge that this limitation is a fundamental basis of the bargain, that the Subscription Fee reflects this allocation of risk, and that without this limitation EightThirty would not provide the Service at the stated price.

The limitations in this Section 11 apply to the fullest extent permitted by law. To the extent any limitation is held unenforceable, the remaining limitations remain in full force.

12. Indemnification by Customer

You shall defend, indemnify, and hold harmless EightThirty and its members, managers, officers, employees, contractors, agents, affiliates, and successors (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, damages, judgments, settlements, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related in any way to:

(a) Your use of, misuse of, or inability to use the Service; (b) Your breach or alleged breach of any provision of these Terms; (c) Your violation or alleged violation of any law, regulation, or third-party right; (d) Your violation or alleged violation of TopstepX's terms of service; (e) Any trade, order, position, account action, or financial outcome involving your TopstepX account; (f) Any tax, regulatory, or legal consequence of your trading; (g) Your configuration of the Service; (h) Any chargeback, payment dispute, or claim involving your purchase; (i) Any content or information you provide to EightThirty; (j) Any negligent or wrongful act or omission by you.

EightThirty reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you shall fully cooperate with EightThirty in asserting any available defenses.

13. Intellectual Property

The Service, including all underlying software, source code, object code, algorithms, structure, organization, design, interface, "look and feel," documentation, branding, logos, names, and all enhancements, updates, modifications, and derivative works thereof (collectively, "EightThirty IP"), is owned exclusively by EightThirty and is protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws and treaties.

You receive a license to use the Service only as expressly set forth in Section 4. You acquire no ownership interest in any EightThirty IP. All rights not expressly granted are reserved.

"EightThirty," the EightThirty logo, and related names and marks are trademarks of EightThirty Trading Ventures LLC. You may not use them without prior written consent.

Any feedback, suggestions, or ideas you provide regarding the Service are assigned to EightThirty without restriction or compensation.

14. Privacy

EightThirty collects and processes limited information necessary to operate the Service, including email address, payment information (handled by Stripe), and license verification data. EightThirty does not collect, transmit, or store your TopstepX JWT or trading data, all of which remain on your local computer. See our Privacy Policy at eightythirty.org/privacy for additional details. By using the Service you consent to the practices described therein.

15. Term and Termination

These Terms remain in effect from the date you first purchase, download, or use the Service until terminated.

You may terminate by cancelling your subscription and ceasing all use of the Service.

EightThirty may terminate or suspend immediately, with or without notice, for any reason as set forth in Section 6.

Upon termination: (a) your license immediately ceases; (b) the Service will refuse to operate; (c) you must immediately uninstall and destroy all copies of the Service; (d) no refund of any kind is owed.

Sections 2, 3, 5, 6, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, and 20 survive termination.

16. Force Majeure

EightThirty is not liable or responsible for any failure or delay in performance caused by events outside its reasonable control, including but not limited to: acts of God; natural disasters; war; terrorism; civil unrest; epidemics; pandemics; government action, embargo, or sanction; labor disputes; power, internet, cellular, or telecommunications failures; failures or outages of TopstepX, exchanges, brokers, data feeds, or other third-party platforms; cyberattacks; hardware failures; software bugs; or any other cause beyond EightThirty's reasonable control.

17. Binding Individual Arbitration; Waiver of Jury Trial; Class Action Waiver

Please read this Section carefully. It affects your rights and obligations.

(a) AGREEMENT TO ARBITRATE. You and EightThirty agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms or the Service, including disputes regarding their existence, breach, termination, enforceability, or validity (each, a "Dispute"), shall be resolved exclusively by final, binding, individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in Lakeway, Texas before a single arbitrator. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

(b) WAIVER OF JURY TRIAL. YOU AND EIGHTTHIRTY EACH WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL.

(c) CLASS, COLLECTIVE, AND REPRESENTATIVE ACTION WAIVER. YOU AND EIGHTTHIRTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR CONSOLIDATED PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not preside over any class, collective, mass, or representative proceeding. If a court finds this class action waiver unenforceable as to any claim, then that claim alone shall be severed and proceed in court, while all other Disputes remain in arbitration.

(d) TIME LIMIT TO BRING CLAIMS. Any Dispute must be commenced within one (1) year after the cause of action arose. Otherwise, the Dispute is permanently barred. This shortens any longer statute of limitations that would otherwise apply, to the maximum extent permitted by law.

(e) OPT-OUT (optional). You may opt out of this arbitration agreement by sending written notice to support@eightythirty.org.com within thirty (30) days of first accepting these Terms, with subject line "Arbitration Opt-Out." Opt-out applies only to arbitration and class action provisions; all other Terms remain in effect.

(f) EXCEPTIONS. Either party may bring small claims court actions for claims within that court's jurisdiction, or seek injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information, without violating this Section.

18. Governing Law; Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. Subject to Section 17, the state and federal courts located in Travis County, Texas have exclusive jurisdiction and venue over any dispute not subject to arbitration. You consent to personal jurisdiction in those courts and waive any objection based on venue or forum non conveniens.

19. Severability; No Waiver; Assignment; Entire Agreement; Notices; Construction

Severability: If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions remain in full force. The invalid provision shall be modified to the minimum extent necessary to be enforceable, preserving the original intent.

No Waiver: EightThirty's failure or delay in enforcing any provision is not a waiver of that or any other provision.

Assignment: You may not assign or transfer these Terms or any rights without EightThirty's prior written consent; any attempted assignment is void. EightThirty may assign these Terms without restriction, including in connection with a merger, acquisition, financing, or sale of assets.

Entire Agreement: These Terms (with any documents expressly incorporated) constitute the entire agreement between you and EightThirty and supersede all prior agreements, communications, proposals, representations, and understandings, whether oral or written. No other terms, including any terms in a purchase order or similar document you may issue, apply.

Modifications by EightThirty: EightThirty may modify these Terms at any time. Material changes will be communicated by email and/or through the Service or website. Your continued use of the Service after notice constitutes binding acceptance of the modified Terms. If you do not agree, your sole remedy is to immediately cancel and cease using the Service.

Modifications by Customer: Modifications to these Terms by you, including any handwritten changes, stamps, or counter-terms in any communication, are not binding.

Notices: Notices to you may be sent by email to the address on file or posted through the Service. Notices to EightThirty must be sent in writing to support@eightythirty.org.com with delivery confirmation.

Construction: Headings are for convenience only. "Including" means "including without limitation." Singular and plural include each other. These Terms shall not be construed for or against either party as drafter.

20. Compliance with Law; Export

You shall not use the Service in violation of any U.S. or foreign law, regulation, or sanction, including U.S. export control laws and OFAC sanctions. You represent that you are not located in, and are not a national or resident of, any country subject to U.S. trade embargo, and are not on any U.S. government list of restricted persons.

21. Acknowledgement

BY CHECKING "I AGREE," CLICKING "PURCHASE," ENTERING PAYMENT INFORMATION, DOWNLOADING, INSTALLING, OR USING THE SERVICE, YOU CONFIRM THAT:

(a) You have read and understood every provision of these Terms; (b) You have had the opportunity to seek independent legal counsel; (c) You agree to be bound by these Terms in their entirety; (d) You acknowledge the substantial risks of automated futures trading and the explicit disclaimers and limitations in Sections 2, 3, 8, 10, 11, and 17; (e) You enter into these Terms knowingly, voluntarily, and with full understanding.

Contact: support@eightythirty.org.com EightThirty Trading Ventures LLC • Texas • EFFECTIVE June 05, 2026

© 2026 EightThirty Trading Ventures LLC. All rights reserved.