Terms of Service

Last updated: 07/2025

Welcome to www.steady-turtle.com (the "Website"), operated by Turtally Awesome LLC ("us", "we", or "our"). By accessing or using our Website, you agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, please do not use the Website.

1. Eligibility and Use

  • You must be at least 18 years old to use this Website or purchase our Products.
  • You agree to use the Website only for lawful purposes and in accordance with these Terms.
  • You represent that you have the legal authority to enter into these Terms.

2. Products and Services

  • We provide NinjaTrader indicators and add-ons (collectively, "Products") for one-time purchase.
  • All Products are digital downloads delivered electronically.
  • We reserve the right to modify, suspend, or discontinue any Product at any time.
  • Products require a compatible version of NinjaTrader. We do not guarantee compatibility with all versions.

3. Software License and Intellectual Property

License Grant: Upon purchase, you receive a limited, non-exclusive, non-transferable license to use the Products solely for your personal, educational, and informational purposes.

Restrictions: You may not:

  • Reproduce, distribute, modify, reverse engineer, decompile, or disassemble our Products
  • Share, distribute, or resell our Products to third parties
  • Create derivative works from our Products
  • Use Products for commercial redistribution or competing services

All content is owned by Turtally Awesome LLC and protected by U.S. copyright law.

4. Payments and No Refund Policy

  • All prices are as listed on the Website at the time of purchase.
  • Payment processing is handled by Stripe. We are not responsible for payment processing errors.

⚠️ IMPORTANT: NO REFUNDS

ALL SALES ARE FINAL. We recommend reviewing all product information carefully before purchase.

No refunds will be issued under ANY circumstances, including:

  • Dissatisfaction with the Product
  • Technical issues or compatibility problems
  • Installation difficulties
  • Changes in personal circumstances
  • Trading losses or poor performance

5. TRADING RISK DISCLAIMERS

IMPORTANT - READ CAREFULLY:

  • Educational Purpose Only: Our Products are for educational and informational purposes only and do not constitute financial, investment, or trading advice.
  • Risk of Loss: Trading involves substantial risk of loss. You may lose some or all of your investment. Only trade with money you can afford to lose.
  • No Guarantee of Profits: Past performance is not indicative of future results. No software can guarantee profitable trading.
  • No Financial Advice: We do not provide investment, tax, legal, or financial advice. Consult qualified professionals before making trading decisions.
  • Market Risks: Financial markets are volatile and unpredictable. You are solely responsible for your trading decisions and any resulting profits or losses.

6. Technical Disclaimers and Support

  • Products are provided "as is" without warranties of any kind.
  • We do not guarantee uninterrupted, secure, or error-free operation.
  • Support Scope: We provide best-effort support for basic installation and Product-specific questions. We do not provide:
    • General NinjaTrader troubleshooting
    • Training on NinjaTrader usage
    • Trading advice or strategy development
    • Extensive technical support for individual system configurations

6A. DMCA Policy

We respect intellectual property rights and respond to valid DMCA notices. If you believe content on our Website infringes your copyright:

To File a DMCA Notice:

Send written notice to our designated Copyright Agent with:

  • Identification of the copyrighted work claimed to be infringed
  • Identification of the allegedly infringing material
  • Your contact information (name, address, email, phone)
  • A statement of good faith belief that use is unauthorized
  • A statement under penalty of perjury that information is accurate
  • Your physical or electronic signature

DMCA Agent:

Turtally Awesome LLC
Attn: DMCA Agent
1209 Mountain Road PL NE Ste N
Albuquerque, NM 87110
Email: dmca@steady-turtle.com

Counter-Notices: If you believe your content was wrongly removed, you may submit a counter-notice with similar requirements.

7. Prohibited Conduct

You may not:

  • Use the Website or Products to harm others or violate laws
  • Attempt unauthorized access to our systems
  • Interfere with Website functionality
  • Share login credentials or Product access

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • We shall not be liable for any trading losses, financial damages, lost profits, or indirect damages
  • Our total liability shall not exceed the amount you paid for the specific Product
  • We are not responsible for NinjaTrader platform changes, downtime, or compatibility issues

9. Indemnification

You agree to indemnify Turtally Awesome LLC from any claims arising from your use of our Products, trading activities, or violation of these Terms.

10. International Use

  • Services are operated from the United States
  • You are responsible for compliance with local laws in your jurisdiction
  • We do not accept payments from sanctioned countries (as determined by payment processors)

11. Termination

We may terminate your access at any time. Upon termination, your license to use Products expires immediately.

12. Governing Law and Dispute Resolution

These Terms are governed by New Mexico law.

Dispute Resolution:

  • Informal Resolution: Before filing any legal action, you agree to attempt to resolve disputes informally by contacting us
  • Arbitration: Any unresolved disputes shall be settled by binding arbitration under AAA rules
  • Class Action Waiver: You waive any right to bring claims as a class action or collective action
  • Small Claims Exception: Either party may bring qualifying claims in small claims court

13. Changes to Terms

We may update these Terms at any time. Continued use constitutes acceptance of changes.

14. Export Controls and Compliance

Export Restrictions:

Our Products are subject to U.S. export control laws and regulations. By using our Products, you represent that:

  • You are not located in a country subject to U.S. trade sanctions
  • You are not on any U.S. government restricted parties list
  • You will not export, re-export, or transfer our Products to prohibited destinations, entities, or individuals
  • You will comply with all applicable export and import laws

Prohibited Countries: We cannot provide Products to users in Cuba, Iran, North Korea, Syria, or any other sanctioned region.

15. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters, acts of God, or severe weather
  • War, terrorism, or civil unrest
  • Government actions or legal restrictions
  • Internet service provider failures
  • Pandemic or epidemic
  • Any other unforeseeable events

16. Detailed Warranty Disclaimers

NO WARRANTIES:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
  • IMPLIED WARRANTIES OF NON-INFRINGEMENT
  • WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

PRODUCT FUNCTIONALITY:

We do not warrant that:

  • Products will meet your specific requirements
  • Products will be uninterrupted, timely, secure, or error-free
  • Results obtained from Products will be accurate or reliable
  • Any errors in Products will be corrected

17. Contact Information

Turtally Awesome LLC

1209 Mountain Road PL NE Ste N
Albuquerque, NM 87110
United States

Email: info@steady-turtle.com