Terms of Service

2. Modification of These Terms

We may make changes to these Terms at our discretion. If we make changes, we will notify you either by email or through the Services at least thirty (30) days before the changes take effect. We will also post the updated version of the Terms on our Site and change the “Last Updated” date at the top of these Terms to indicate when the changes took effect. It is important for you to regularly review these Terms for any modifications. Continuing to access or use the Services after this new date means you accept the updated Terms. If you disagree with the new Terms, you must cease accessing and using the Services.

3. Use of the Services

3.1 Permitted Use

Subject to your compliance with these Terms, PineHook hereby grants to you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to: (a) access and use our Services during the Beta Period (as defined in Section 8); and (b) download, install, and use the Plugin and any software provided by us on your computer systems solely in connection with your authorized use of the Services, as described in the documentation for the Services made available at www.pinehook.io (“Documentation”). You acknowledge that the Services, the Plugin, and any related software are provided to you at no charge during the Beta Period for testing and evaluation purposes only; they are not being sold to you.

3.2 Eligibility

You may only use our Services if you are of legal age to consent (on your own behalf, not through a parent or guardian) to the sharing of your data under applicable law. For example, you must be at least 18 years old under most applicable laws in Canada and/or the United States. If the laws of your place of residence require you to be older for us to legally provide you with the Services without parental consent (including the use of your information), you must meet that age requirement. Without limiting the generality of the foregoing, by creating an Account to access PineHook, you represent that you are at least 18 years old and that you understand the risks associated with trading in financial markets. You must not reside in the province of Quebec. You must not reside in a country subject to comprehensive international sanctions. PineHook screens all accounts against sanctions lists maintained by the Canadian government under the Special Economic Measures Act (“SEMA”), the United States Office of Foreign Assets Control (“OFAC”), and the European Union. Residents of sanctioned jurisdictions are not eligible to create or maintain an Account. If you believe your access was restricted in error, contact [email protected]. PineHook may verify and validate your Account’s eligibility at any time and may suspend or terminate any Account that does not meet these eligibility requirements, as further described in Section 9.3.

3.3 Account Creation & Management

3.3.1 Account Credentials. To access our Services, you are required to create an online account (“Account”) with a username, password, and other access credentials assigned to or chosen by you (“Credentials”). Your Credentials are unique to you and must not be shared with other persons or entities. You are responsible for all activities undertaken using your Credentials. You are responsible for maintaining the confidentiality of your Credentials and must notify us promptly of any actual or suspected unauthorized use of your Credentials. We reserve the right to terminate any Credentials that we reasonably determine may have been accessed or used by an unauthorized third party.

3.3.2 Account Deletion. If you no longer wish to use our Services and would like to delete your Account, you may delete your account directly from the Site. Alternatively, please contact us at the following address: [email protected].

3.4 Restrictions on Use; Compliance

You agree that, as a condition of using our Services, you will not, and will not encourage or assist any third parties to: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services (except to the extent that such a restriction is impermissible under applicable law); (ii) provide, sell, resell, transfer, sublicense, lend, distribute, or rent the Services, or otherwise allow others to access or use the Services; (iii) copy, modify, create derivative works of, or remove proprietary notices from the Services; (iv) circumvent any technical limitations implemented by us; (v) violate our Terms; (vi) use the Services in any manner that violates any applicable securities, commodities, or financial regulations; (vii) use the Services to develop trading models or algorithms that compete with our Services; (viii) use automated tools, agents, bots, scripts, or other automated means to access or interact with the Services, unless expressly authorized by PineHook in writing; (ix) access or use the Services from a country subject to international sanctions (SEMA, OFAC, or EU sanctions lists), or misrepresent your country of residency to circumvent geographic restrictions; or (x) use a single MetaTrader 5 broker account with multiple PineHook Accounts to circumvent trial or subscription restrictions.

3.5 No Resale of Service

You agree not to reproduce, copy, duplicate, sell, resell, or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services. You may not share, transfer, or otherwise allow any third party to access or use the Services through your Account or login credentials, whether or not consideration is received. Each individual who accesses the Services must have their own Account and, where applicable, their own subscription. PineHook may, in its sole discretion, suspend or terminate any Account or subscription that it believes is being shared or used by multiple individuals, without refund.

3.6 Authorized Brokerage Account Use

You may only connect the Plugin to a brokerage account for which: (a) you are the legal account owner; or (b) you have been formally granted trading authority by the account owner through the brokerage firm’s official authorization process (such as a Limited Power of Attorney, Trading Authorization, or broker-issued sub-login credentials). You may not connect, access, or trade through any brokerage account belonging to another individual unless the broker has expressly issued you your own unique credentials for that authorized relationship. Connecting the Plugin to or using another person’s brokerage account (whether with their permission or otherwise) is strictly prohibited. PineHook may immediately suspend or terminate your Account, without refund, if PineHook determines that you are accessing or trading through a brokerage account for which you are not the legal owner or an officially authorized trader as recognized by the broker.

3.7 Processing of Personal Information

PineHook’s Privacy Policy will govern the processing of personal information about you. You can export or delete your User Content, including your personal information, at any time while you have an Account by following the steps detailed in the Privacy Policy.

3.8 Usage Data

We may collect and analyze data relating to your access and use of our Services (“Usage Data”). Examples of Usage Data include, but are not limited to, technical logs, metadata, and usage information about User Content, such as how often it is accessed.

3.9 Changes to the Service

We may modify or discontinue any feature, functionality, or component of our Services at any time (a “Services Update”). If we believe a Services Update may significantly impair your use of our Services, we will use reasonable efforts to notify you before making such Services Update by either sending an email to the email address associated with your Account or via an in-product notification.

3.10 User Conduct

You must treat PineHook (including its personnel and other representatives) in a respectful and courteous manner. Behavior including harassment and profane language will not be tolerated. When using the Services, including when providing any Input or User Content, you agree not to make any statement or submit any content that could be considered, in PineHook’s sole and absolute discretion, to be: (i) abusive, defamatory, hateful, racist, xenophobic, homophobic, or sexist (or any use of discriminatory language); (ii) involving vulgar, obscene, or malicious language; (iii) disclosing the personal or confidential information of others without their consent; or (iv) otherwise in violation of applicable laws, regulations, or professional codes of ethics.

3.11 Security Measures

The Services may contain technological copy protection or other security features designed to prevent unauthorized uses of the Services, including features to protect against uses of the Services: (i) beyond the scope of the rights granted under Section 3.1; and/or (ii) prohibited under Section 3.4 hereof. You must not, and must not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround of any such copy protection or security features.

4. Your Use of Trading Features

4.1 Trading Signal Relay

You may use features within our Services, including the PineHook Plugin, that allow you to configure trading signals from TradingView (“Inputs”) and relay them to MetaTrader 5 for automated order execution (“Outputs”). When you use our Services, your Inputs and the resulting Outputs are your User Content. Notwithstanding the foregoing, you acknowledge that other users of our Services may, through no fault of PineHook, use inputs that are similar to yours and, as a result, receive the same or similar outputs as your Outputs. Outputs generated for other users based on their inputs are not considered your User Content.

4.2 Usage Limits

During the Beta Period, PineHook may impose limits on your use of the trading signal relay features including the number of active licenses and signal throughput. These limits are enforced server-side. Attempts to circumvent these limits through technical means are prohibited. PineHook reserves the right to modify usage limits at any time during the Beta Period.

4.3 Trading Feature Restrictions

Your use of our trading features must comply with these Terms, including the restrictions and obligations imposed upon you in Section 3.4 (Restrictions on Use; Compliance). You also must not use our trading features: (i) in a way that infringes, violates, or misappropriates any of our rights or the rights of any third party; (ii) to develop models or services that compete with our Services; (iii) in violation of any applicable securities, commodities, or financial regulations; (iv) to conduct market manipulation, front-running, or any other unlawful trading practices; or (v) to relay signals to brokerage accounts that you are not authorized to control.

4.4 AI Chatbot

The Services include access to an AI-powered chat assistant available through the Site dashboard (the “AI Chatbot”). The AI Chatbot is designed to assist you with simple requests and inquiries related to your use of the Services. The AI Chatbot has access only to your User Content and Account data; it does not have access to the data of other users. The AI Chatbot is provided for informational and convenience purposes only and does not provide financial, investment, or trading advice. THE AI CHATBOT DOES NOT REPLACE CONSULTATION WITH A QUALIFIED PROFESSIONAL. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR DECISIONS MADE BASED ON THE AI CHATBOT’S RESPONSES, WHICH ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.

4.5 AI Service Providers

The AI Chatbot is powered by third-party artificial intelligence service providers (collectively, “AI Service Providers”). Messages you send to the AI Chatbot are routed through OpenRouter (United States) to a provider running the Gemini language model, which generates the reply. PineHook has enabled the account-level setting on OpenRouter that restricts routing to providers contractually bound to Zero Data Retention, and every provider involved in generating a reply operates under zero data retention policies with respect to your User Content and interactions with the AI Chatbot — none store prompts and completions or train on customer content. Notwithstanding the foregoing, you acknowledge that the use of AI Service Providers involves inherent risks. You agree not to submit any sensitive personal information, financial account credentials, or other confidential information to the AI Chatbot that you would not want processed by third-party AI Service Providers.

4.6 Human Escalation

If you are not satisfied with the AI Chatbot’s response or if your request requires human assistance, you may escalate your inquiry to a human supervisor at any time by following the escalation instructions provided within the AI Chatbot interface or by contacting us directly at [email protected]. PineHook will use reasonable efforts to respond to escalated inquiries within a reasonable timeframe.

4.7 Signal Relay Service

The Services operate as a signal relay between TradingView and MetaTrader 5. When a properly formatted webhook alert is received from TradingView, PineHook will validate the request and forward it to MetaTrader 5 for order execution. PineHook does not execute trades itself, nor does it guarantee that trades will be executed at any particular price. You are solely responsible for configuring your alerts correctly, monitoring your trading activity, and ensuring that your trading strategies comply with all applicable laws and regulations. THE SIGNAL RELAY SERVICE DOES NOT REPLACE THE ADVICE OF A QUALIFIED FINANCIAL ADVISER. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR TRADING DECISIONS MADE BASED ON SIGNALS RELAYED THROUGH OUR SERVICES, WHICH ARE TRANSMITTED FOR AUTOMATION PURPOSES ONLY.

4.8 No Financial or Investment Advice

YOU ACKNOWLEDGE AND AGREE THAT PINEHOOK IS A SIGNAL RELAY SERVICE ONLY AND THAT ALL SERVICES ARE PROVIDED FOR TRADE AUTOMATION PURPOSES. THE SERVICES DO NOT CONSTITUTE FINANCIAL, INVESTMENT, OR TRADING ADVICE. PINEHOOK IS NOT A REGISTERED INVESTMENT ADVISER, BROKER-DEALER, OR FINANCIAL PLANNER. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY EVALUATING ALL TRADING SIGNALS AND FOR EXERCISING YOUR OWN JUDGMENT IN CONNECTION WITH ANY TRADING OR INVESTMENT DECISION. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.

4.9 Brokerage Account Connection and Security

The Plugin connects directly to MetaTrader 5 without requiring you to provide brokerage login credentials, API keys, or other authentication information to PineHook. PineHook does not have access to, store, or process your brokerage account login credentials. You represent and warrant to PineHook that: (i) you are the legal owner of the brokerage account or have been formally granted trading authority by the account owner through the brokerage’s official authorization process; (ii) you will keep all login credentials for your brokerage account and any PineHook license keys confidential and secure; (iii) you will immediately notify PineHook of any unauthorized access or suspected security breach; and (iv) you will comply with all terms of service of your broker and all applicable financial regulations.

4.10 Risks of Automated Trading

By using the Services, you acknowledge and agree that automated trade execution, and trading in general, are subject to various known and unknown risks. PineHook shall not have any liability for any losses incurred through using the Services. Such risks include, without limitation:

• (a) Design risks: errors in trading strategy logic, incorrect assumptions, or logical program errors in your TradingView alerts or Pine Script strategies. Even if you designed a well-performing strategy, past performance is no guarantee of future results;
• (b) Connectivity risks: loss of internet connectivity, server downtime, or network disruptions resulting in disconnections from your broker, failure to place trades, missed signals, or orders failing to execute;
• (c) Execution risks: order submissions, updates, and cancellations could be rejected or delayed by your broker. Trades could be disallowed by authorities without warning. Slippage (the difference between the expected price and the actual execution price) may occur due to market latency, data feed latency, internet latency, or other technical and non-technical factors;
• (d) Data risks: broken, dirty, delayed, or intermittent data connections causing signal errors, including data inaccuracies or discrepancies in pricing between TradingView and your broker;
• (e) Market risks: unexpected market conditions resulting in poor fill prices, rapid losses (including flash crashes), late exchange openings, or market closures;
• (f) Third-party platform risks: PineHook relies on third-party platforms, including TradingView, MetaTrader 5, and your broker, to provide its Services. PineHook is not responsible for interruptions, failures, or limitations resulting from these platforms. Any issues or delays caused by third-party platforms are beyond PineHook’s control;
• (g) Security risks: malicious activities, including cyberattacks, could cause your automated trading to fail, your brokerage account to become compromised, or your personal information, intellectual property, or funds to be stolen; and
• (h) Configuration risks: incorrect configuration of trading settings, including lot sizes, position limits, stop-loss and take-profit parameters, spread protection, drawdown thresholds, symbol filters, active trading hours, and signal recovery settings, may result in unintended trades, excessive exposure, or total loss of your trading capital. You are solely responsible for configuring, testing, and monitoring all trading parameters.

These events can cause the loss of all funds and holdings in your brokerage account. Algorithmic and automated trading losses can occur faster than in manual trading. You should consult an independent financial adviser to discuss these risks. You should continually monitor the operation of your automated trading activity to ensure it is running properly. EVERY TIME YOU USE THE SERVICES YOU AGREE THAT IN ALL CASES PINEHOOK BEARS NO RESPONSIBILITY FOR LOSSES INCURRED, AND OFFERS NO GUARANTEES OR EXPECTATIONS ON YOUR TRADING PERFORMANCE OR STABILITY.

4.11 User Responsibility for Signals and Configuration

You are responsible for all signals that you configure, upload, transmit, or otherwise make available through the Services. Signals are not controlled or monitored by PineHook, and PineHook does not guarantee the accuracy, quality, or integrity of any signal. You are solely responsible for: (i) ensuring that your TradingView alerts are configured correctly per the instructions provided by PineHook; (ii) ensuring that webhook commands are complete and formatted correctly per PineHook’s documentation; (iii) configuring and maintaining all trading parameters within the PineHook EA, including but not limited to lot sizes, position limits, spread protection, drawdown thresholds, signal recovery settings, symbol filters, and active trading hours; (iv) monitoring the processing of signals and the resulting trade executions; and (v) maintaining adequate capitalization in your brokerage account. PineHook is not obligated to confirm pricing data, nor is PineHook obligated to confirm, verify, authenticate, certify, analyse, advise, audit, direct, oversee, or otherwise monitor your alerts or the behaviour of your broker upon receipt of a forwarded signal.

4.12 Continuous Monitoring Required

The Services are not designed to be a fully autonomous, “set-it-and-forget-it” system. You are responsible for actively monitoring your signals, trading rules, open positions, and brokerage connections. Signal misfires, failed payments, broker-side issues, or platform outages can disrupt execution. PineHook strongly recommends checking your account regularly, especially after configuration changes or while away from active trading, to ensure everything is operating as intended. PineHook’s risk management features (such as daily drawdown protection and position limits) are user-configurable tools and are not guarantees of loss prevention.

5. Third-Party Integrations

If you access or use any third-party product or service that interoperates with our Services (a “Third-Party Service”), including but not limited to TradingView, MetaTrader 5 (MetaQuotes), your broker or brokerage firm, cloud hosting providers, and any virtual private server (VPS) provider, your use of such a Third-Party Service is solely governed by the terms of service, end user license agreement, privacy policies, and/or any other applicable terms and policies of the third-party providing the Third-Party Service. You acknowledge that the Third-Party Service might access or use your User Content, and you permit us to transmit your User Content to the provider of the Third-Party Service as necessary for the Third-Party Service to interoperate with our Services. You acknowledge and agree that PineHook is not responsible for any harms, damages, loss, lost profits, trading losses, missed trading opportunities, special or consequential damages, or claims arising out of or in connection with the installation of, use of, or reliance on any such Third-Party Service.

6. Your Use of Beta Services

We may occasionally provide you with access to new features that are still in development (“Beta Services”). You may choose to use these Beta Services at your sole discretion. We will label Beta Services as “alpha,” “beta,” “early access,” or something similar within our Services, on our Sites, or in the Documentation. Beta Services may have additional terms that apply to them. In using the Beta Services, you agree to comply with all terms related to the Beta Services that we provide to you. If we do not provide any additional terms, then you agree that the restrictions imposed on you with respect to our Services that are contained in Section 3.4 (Restrictions on Use; Compliance) of these Terms will apply to the Beta Services. You acknowledge that Beta Services may not be as secure or reliable as our Services. We are under no obligation to provide support for Beta Services or to make them generally available. We may, in our sole discretion, change the functionality of the Beta Services and/or discontinue, suspend, or remove your access to such Beta Services (including any data that you input or store within the Beta Services). NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, PINEHOOK WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES.

7. Ownership and License of User Content

7.1 Marks

All trademarks, service marks, domain names, logos, trade names and other designations of PineHook (collectively, the “Marks”) are, as between us, the exclusive property of PineHook. All other domain names, trademarks, service marks, logos, trade names and other designations are trademarks or registered trademarks of their respective owners. You agree to: (i) not use the Marks; (ii) not harm or affect, in any way, directly or indirectly, the image, goodwill and/or reputation enjoyed by PineHook in connection with the Marks; (iii) not use the Marks to promote your services, without PineHook’s prior written consent (which may be withheld in its sole and absolute discretion); and (iv) not use or apply for registration of any trademark, domain name, corporate or business designation, sign or logo that is the same as, similar to, or confusing with the Marks.

7.2 Reservation of Rights

As between PineHook and you, PineHook owns all intellectual property rights in the Services (including any improvements created by PineHook), the Beta Services, the Documentation, the Marks, and the Usage Data. Except as expressly set forth herein, these Terms do not grant you any rights, implied or otherwise, in our intellectual property. The visual interfaces, graphics, design, information, data, computer code (including source code or object code), and all other elements of the Services (collectively, “PineHook Property”) that we provide are protected by all relevant intellectual property rights and proprietary rights as well as applicable laws. All PineHook Property contained in our Services is the property of PineHook or our third-party licensors, and we reserve all rights thereto. Unless expressly authorized by us under these Terms, you are not permitted to use PineHook Property. You agree not to remove, modify, or obscure any copyright, trademark, service mark, or other proprietary notices incorporated into or accompanying the Services or PineHook Property.

7.3 Ownership of User Content

In connection with your use of our Services, you may upload and/or create certain content, text, output, and documents to and through the Services (“User Content”). You own all right, title, and interest in and to User Content.

7.4 License to User Content

To provide our Services to you, we need your permission (i.e., a license) to use your User Content. You grant us a worldwide, non-exclusive, royalty-free license to your User Content that allows us to use, store, reproduce, publish, and display (to show your User Content to you), modify, and create derivative works from it (such as processing trading signals and relaying orders) for the limited purposes of: (i) Operating, providing, improving, troubleshooting, and debugging our Services (for example, your interactions with PineHook may help improve our signal relay functionality); (ii) Protecting our Services (for example, to analyze patterns in usage to prevent abuse); (iii) Customizing our Services (for example, to create personalized configurations for you); and (iv) Developing new products or adding features for our Services (for example, developing enhanced trading automation features).

The above license lasts as long as intellectual property laws protect your User Content, and it also permits our service providers to assist us in performing these limited purposes.

7.5 Feedback

If you send or transmit to PineHook any communications or materials suggesting or recommending changes to the Services, including, but not limited to, new features or functionalities related thereto, or any comments, questions, suggestions, or other feedback (collectively, “Feedback”), PineHook shall have the right (but not the obligation) to use such Feedback. You hereby assign to PineHook, on your behalf, all rights, title, and interest in and to the Feedback, and such assignment shall be effective as of the date of creation of such rights, title, and interest. You agree to waive any moral rights you hold or may hold in and to the Feedback. Without limiting the foregoing, you acknowledge and agree that PineHook is free to use, without attribution or compensation to any party, the ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback for any purpose whatsoever. You also agree to complete and sign any documents that PineHook may reasonably request to give full effect to this provision, even though PineHook is under no obligation to use the Feedback. To the extent that such assignment is not permitted or enforceable under applicable law, you hereby grant to PineHook a perpetual, worldwide, irrevocable, non-exclusive, sublicensable, transferable, and royalty-free license to use, reproduce, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit the Feedback for any purpose without restriction.

8. Beta Period and Access

8.1 Beta Period

The Services are currently offered in a beta testing phase (the “Beta Period”). During the Beta Period, access to the Services is provided to you at no charge. No fees, subscription payments, or other financial obligations are required to access or use the Services during the Beta Period. PineHook reserves the right to end the Beta Period at any time upon thirty (30) days’ written notice to you.

8.2 Transition to Paid Services

When the Beta Period ends, continued access to the Services will require a paid subscription. PineHook will notify you by email before the Beta Period ends and will provide details of available subscription plans and pricing. If you do not subscribe to a paid plan following the end of the Beta Period, your Account will revert to an inactive state with no active licenses. Your data will be fully preserved and you will retain complete access to and control over it.

8.3 Beta Feedback

During the Beta Period, you are encouraged to provide feedback regarding the functionality, performance, and usability of the Services. PineHook may contact you by email or through the Services to request your feedback or to communicate updates regarding the Beta Period.

9. Suspension, Termination, and Survival

9.1 Term

The term of these Terms commences on the date when you accept these Terms (as described in the preamble above) and continues in full force and effect while you use the Services, unless terminated earlier in accordance with these Terms.

9.2 Effect of Termination

Upon termination of the Services or the applicable feature or functionality thereof, your right to use the Services or the applicable feature or functionality will automatically terminate, and we may delete User Content from our databases. If we terminate your Account for cause, we may also bar your further use or access to the Services. PineHook will not have any liability whatsoever to you for any suspension or termination, including for deletion of User Content. If you close your Account, PineHook may delete your information, including your User Content, in accordance with its data retention and deletion policies and applicable laws. Following Account closure, you may no longer be able to access your User Content, and PineHook shall have no obligation to retain or provide you with copies of such content.

9.3 Suspension and Termination

We reserve the right to suspend or terminate your access to our Services and/or your Account if: (i) You have breached these Terms; or (ii) You use our Services in a manner that would cause a real risk of harm or loss to other PineHook users or us. Before suspending or terminating your access to the Services and/or Account for one of the issues outlined immediately above, we will provide you with reasonable advance notice via the email address associated with your Account so that you have an opportunity to remedy the issue. If you fail to promptly remediate the issue after such notice, we will, at our discretion, either suspend or terminate your access to our Services and/or your Account. Notwithstanding the foregoing, we will not provide you advance notice before suspension or termination where we believe that (a) you are in material breach of these Terms; (b) doing so would cause us legal liability or compromise our ability to provide our Services to our other users; or (c) the law prohibits us from doing so. We may terminate these Terms at any time without liability to you.

9.4 Survival

Upon expiry or termination of these Terms or your Account for any reason, all the sections within these Terms that one would reasonably expect to survive will survive, including, but not limited to, “Warranty Disclaimers,” “Limitation of Liability,” “Indemnification,” “External Sites,” “Miscellaneous,” “Reservation of Rights,” “Beta Period and Access,” and “Ownership and License of User Content”. Termination does not cancel or otherwise affect any obligations accrued by you before the termination took effect.

10. Warranty Disclaimers

10.1 General Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PINEHOOK AND OUR AFFILIATES, SUPPLIERS, AND DISTRIBUTORS (COLLECTIVELY, THEY ARE THE “PINEHOOK ENTITIES”) DO NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, OR BE ERROR-FREE. PINEHOOK AND THE PINEHOOK ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10.2 Outputs Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, PINEHOOK AND THE PINEHOOK ENTITIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE EXECUTION OF TRADES OR THE RELAY OF SIGNALS THROUGH THE SERVICES, INCLUDING WITH RESPECT TO THE TIMELINESS, ACCURACY, OR COMPLETENESS OF ANY SIGNAL TRANSMISSION. ALL SERVICES ARE PROVIDED “AS IS” AND WITH “ALL FAULTS.” YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS DONE AT YOUR SOLE RISK. YOU ASSUME ALL RISKS ASSOCIATED WITH AUTOMATED TRADING, INCLUDING THE RISK OF TOTAL LOSS OF YOUR TRADING CAPITAL AND THE RISKS DESCRIBED IN SECTION 4.10, INCLUDING STRATEGY DESIGN RISKS, CONNECTIVITY AND EXECUTION RISKS, DATA AND MARKET RISKS, AND THIRD-PARTY PLATFORM AND SECURITY RISKS. DUE TO THE NATURE OF AUTOMATED TRADING SYSTEMS AND RELIANCE ON THIRD-PARTY PLATFORMS, YOU SHOULD NOT RELY ON PINEHOOK AS YOUR SOLE METHOD OF TRADE EXECUTION. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH PINEHOOK OR THE PINEHOOK ENTITIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS. LAWS AND REGULATIONS GOVERNING AUTOMATED TRADING AND FINANCIAL SERVICES ARE RAPIDLY EVOLVING, AND PINEHOOK DOES NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL COMPLY WITH APPLICABLE LAWS AND REGULATIONS OR THAT FUTURE LAWS AND REGULATIONS WILL NOT IMPACT YOUR USE THEREOF. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES COMPLIES WITH ALL APPLICABLE LAWS. YOU AGREE AND ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO MONITOR YOUR TRADING ACTIVITY AND MAKE APPROPRIATE DECISIONS BASED ON YOUR EXPERTISE AND KNOWLEDGE, AND THAT YOU USE THE SERVICES AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ANY LIABILITY REGARDING: (A) THE RESULTS OF ANY TRADES EXECUTED THROUGH SIGNALS RELAYED BY THE SERVICES; AND (B) ANY LOSSES INCURRED DUE TO SERVICE INTERRUPTIONS, DELAYS, OR ERRORS.

10.3 Trading and Automated Execution Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES ARE DESIGNED SOLELY AS A SIGNAL RELAY TOOL TO FACILITATE AUTOMATED ORDER EXECUTION BETWEEN TRADINGVIEW AND METATRADER 5. THE SERVICES DO NOT PROVIDE FINANCIAL ADVICE, INVESTMENT RECOMMENDATIONS, OR TRADING SIGNALS. YOU ACKNOWLEDGE AND AGREE THAT: (I) THE SERVICES ARE NOT INTENDED TO REPLACE, AND SHALL NOT BE RELIED UPON AS A SUBSTITUTE FOR, PROFESSIONAL FINANCIAL ADVICE OR YOUR OWN INDEPENDENT TRADING JUDGMENT; (II) YOU MUST INDEPENDENTLY EVALUATE ALL TRADING STRATEGIES AND SIGNALS BEFORE USING THEM; (III) ANY TRADING DECISION YOU MAKE REMAINS YOUR SOLE RESPONSIBILITY; (IV) TRADING IN FINANCIAL MARKETS INVOLVES SUBSTANTIAL RISK OF LOSS, INCLUDING THE POSSIBILITY OF LOSING YOUR ENTIRE INVESTMENT; (V) PINEHOOK RELIES ON THIRD-PARTY PLATFORMS INCLUDING TRADINGVIEW, METATRADER 5, AND YOUR BROKER, AND IS NOT RESPONSIBLE FOR ANY INTERRUPTIONS, FAILURES, OR LIMITATIONS RESULTING FROM THESE PLATFORMS; AND (VI) PINEHOOK AND THE PINEHOOK ENTITIES SHALL HAVE NO LIABILITY FOR ANY TRADING LOSSES, MISSED OPPORTUNITIES, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL PINEHOOK, ITS AFFILIATES (IF ANY), AND RELATED PINEHOOK ENTITIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS AND LICENSORS BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO ACCESS AND USE THE SERVICES INCLUDING WITHOUT LIMITATION IN CASE OF BREAKDOWN, NETWORK PROBLEMS, FORCE MAJEURE OR EVENTS BEYOND OUR CONTROL, OR ANY DAMAGE THAT MAY RESULT FROM IT. PINEHOOK CAN, AT ANY TIME AND WITHOUT PRIOR NOTICE, INTERRUPT THE ACCESS TO THE SERVICES TEMPORARILY FOR MAINTENANCE REASONS AIMING AT ITS GOOD FUNCTIONING, WITHOUT HAVING TO GRANT ANY COMPENSATION OR INDEMNITIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL PINEHOOK AND THE PINEHOOK ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE OR KIND WHATSOEVER REGARDING THE USE OR PERFORMANCE OF THE SERVICES, THE EXECUTION OR NON-EXECUTION OF TRADES, SIGNAL TRANSMISSION DELAYS OR FAILURES, TRADING LOSSES, MISSED TRADING OPPORTUNITIES, OR ANY DAMAGE THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE. YOU UNDERSTAND AND ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO MONITOR YOUR TRADING ACTIVITY AND TAKE APPROPRIATE DECISIONS BASED ON YOUR EXPERTISE AND TRADING KNOWLEDGE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PINEHOOK AND THE PINEHOOK ENTITIES’ TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100.00). THE SERVICES ARE PROVIDED AT NO CHARGE DURING THE BETA PERIOD AND YOU ACKNOWLEDGE THAT THIS LIMITATION REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES.

YOU AGREE THAT THE LIMITATIONS OF LIABILITY CONTAINED IN SECTION 11 REPRESENT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PINEHOOK (OR IF APPLICABLE, THE RELEVANT PINEHOOK ENTITIES). YOU UNDERSTAND THAT THE SERVICES ARE PROVIDED TO YOU AT NO CHARGE DURING THE BETA PERIOD AND WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. CERTAIN COUNTRIES DO NOT ALLOW THE LIMITATION OF CERTAIN TYPES OF DAMAGES OR DAMAGE AMOUNTS. IN CASES WHERE THAT IS APPLICABLE, YOU AGREE THAT PINEHOOK AND THE PINEHOOK ENTITIES’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER THE LAW APPLICABLE TO THESE TERMS.

12. Indemnification

By using the Services, you agree to indemnify, defend, and hold PineHook, its affiliates (if any), directors, officers, shareholders, employees, agents, and licensors (collectively, the “PineHook Indemnitees”) harmless from and against any and all damages, claims, liabilities, losses, costs, fines, penalties, and debts, including reasonable legal fees, that the PineHook Indemnitees may incur or be required to pay, directly or as a result of any third-party claim arising out of or in connection with: (i) your use of the Services, including any Inputs or Outputs; (ii) your User Content; (iii) any complaint or claim regarding your violation of any applicable laws, regulations, or financial industry rules; (iv) any trading losses or damages arising from your use of the Services; and (v) any breach of these Terms by you.

13. External Sites

The Services may contain hyperlinks or references to external websites, applications, or resources that are not operated or controlled by PineHook (collectively, the “External Sites”). You acknowledge and agree that PineHook is not responsible for the availability of these External Sites or for the accuracy of the content, products, or services available on these External Sites. Hyperlinks to External Sites do not mean that PineHook approves or endorses such External Sites. You acknowledge and agree that you assume all risks arising from your use of External Sites. By using the Services, you expressly release PineHook from any liability arising from your use of any External Site, and you will be bound by the terms of use and privacy policies applicable to such External Sites.

14. Miscellaneous

14.1 Entire Agreement

These Terms, including the terms herein that are incorporated by reference, constitute the entire agreement between you and PineHook regarding our Services. They supersede any prior agreements between us.

14.2 Waiver, Severability, and Conflicting Terms

PineHook’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in the future. The waiver of such a right or provision will only be effective if it is in writing and signed by a duly authorized representative of PineHook. Except as expressly provided in these Terms, the exercise by PineHook of any of its remedies under these Terms shall be without prejudice to its other remedies. If for any reason a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect. If there is a conflict between the documents referenced in these Terms, the documents will control in the following order, as applicable: (i) the Privacy Policy (if applicable); (ii) these Terms; and then (iii) the Documentation.

14.3 Third-Party Beneficiaries

Except where expressly stated, these Terms do not confer any benefits on any third party.

14.4 Assignment

You may not assign any of your rights or obligations under these Terms, and any such attempt will be void. We may assign or otherwise transfer our rights and/or obligations without restriction, including assigning to any of our affiliates or subsidiaries or any successor in interest of any business associated with the Services.

14.5 Force Majeure

PineHook shall not be liable to you, and shall not be deemed to be in default or breach by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to unforeseeable events beyond its control such as strikes, labour disputes, civil disturbances, riots, rebellions, invasions, hostilities, wars, terrorist attacks, embargoes, acts of God, epidemics, pandemics, floods, tsunamis, fires, sabotage, fluctuations in or unavailability of electrical power, heat, light, air conditioning or your equipment, loss or destruction of property, third-party platform outages (including TradingView, MetaTrader 5, or your broker), internet service disruptions, or any other circumstance or cause beyond the reasonable control of PineHook.

14.6 Notice

Where PineHook requires that you provide an email address, you are responsible for providing PineHook with a valid and current email address. In the event that the email address you provide to PineHook is not valid, or for any reason is not capable of delivering to you any notices required by these Terms, PineHook’s dispatch of the email containing such notice will nonetheless constitute effective notice.

We may provide you with any required notices (including service of process) required by these Terms or by law, and by any lawful method, including posting notices on our Sites and/or through the Services or sending notices to any email address you provide to us when creating and/or setting up your account or otherwise that you provide in any other interaction directly with us or the Services. You agree to send us notices and/or review by posting them to: [email protected]. You may also give notice to PineHook at the following address:

Such notice shall be deemed given when received by PineHook by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

14.7 Applicable Law and Jurisdiction

These Terms shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario and applicable federal laws, without regard to conflict of laws rules. Subject to Section 11, you agree that, if applicable, any dispute between you and PineHook arising out of, in connection with or relating in any way to these Terms shall be brought and settled exclusively in the judicial district of Ottawa, in the province of Ontario, Canada and you waive any objection that such venue is impractical or improper. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

14.8 Export Regulations

The Services may be subject to export control laws, including Canadian and U.S. export control laws. You shall not, directly or indirectly, export, re-export, disseminate the Services to, or make the Services available from, any jurisdiction or country to which export, re-export or dissemination is prohibited by law, rule or regulation. You must comply with all applicable federal laws, rules and regulations, and fulfill all required undertakings (including obtaining any necessary export license or other governmental approval), before exporting, re-exporting, distributing or otherwise making the Services available outside of Canada and the United States.

14.9 Contact Us

PineHook welcomes your comments, questions, and feedback, which can be sent to: [email protected].