Terms of Service

Effective Date: 10/10/2025

Introduction

Welcome to Apteros Trading, LLC ("Apteros," "we," "us," or "our"). We operate a proprietary trading desk for futures trading, offer a Trader Evaluation Program® "TEP" or "Tryout", and offer trader education and training programs.

By accessing our website, creating an account, or using any of our services, you agree to these Terms of Service ("Terms"). If you don't agree, please don't use our services.

Important: These Terms include mandatory arbitration, a class action waiver, and other provisions that affect your legal rights. Please read them carefully.

We may update these Terms from time to time. When we do, we'll post the revised version on our website with an updated effective date. Your continued use after changes means you accept the new Terms.

Contact Us: Apteros Trading, LLC 4235 Hillsboro Pike STE 300 Nashville, TN 37215 Email: support@apterostrading.com Website: www.apterostrading.com

1. Who Can Use Our Services

Age and Legal Capacity

You must be at least 18 years old (or the age of majority in your location if higher) to use our services. By creating an account, you confirm you have the legal capacity to enter binding agreements.

Accurate Information Required

All information you provide must be truthful, complete, and current. You must update your account information promptly if anything changes. If you provide false information, we may suspend or terminate your account.

One Account Per Person

You may only have one overall login/account with Apteros unless we explicitly authorize otherwise. If we discover multiple accounts, we may terminate all of them and forfeit any associated funds or profits. (This is unrelated to having multiple Trading Accounts.)

U.S. Sanctions Compliance

You represent and warrant that:

You are not on any U.S. government prohibited persons list (including the OFAC SDN List)
You are not located in or accessing our services from a sanctioned country (including Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions of Ukraine)
You are not acting on behalf of any sanctioned government, entity, or individual

Criminal and Regulatory History

You cannot use our services if you:

Have been convicted of a felony
Have been disciplined by the National Futures Association
Have been disciplined by the U.S. Commodity Futures Trading Commission
Have an outstanding balance with a trading firm

Your Responsibility for Compliance

You are solely responsible for ensuring your use of our services complies with all applicable laws in your jurisdiction. If using our services would violate your local laws, you may not use them.

2. What We Are (And What We're Not)

Not a Broker-Dealer

We are not a broker-dealer or registered investment advisor. We do not:

Trade securities on your behalf
Provide personalized investment advice
Manage your money
Execute trades in live markets on your behalf (except for Live Desk Accounts)

Educational and Evaluation Services

We provide:

Simulated trading environments for education and evaluation
Trading education and training materials
Access to tools and resources for developing trading skills
Opportunities to qualify for funded trading accounts

Not Financial Advice

Nothing on our website or in our communications constitutes financial, investment, or trading advice. You should consult with qualified professionals before making any investment decisions.

3. Our Services

The Trader Evaluation Program

The Trader Evaluation Program ("T.E.P.") is a simulated trading evaluation where we assess your trading skills and risk management. If you successfully complete the T.E.P., you may qualify for a Live Desk Account or other opportunities we offer.

Key points about the Trader Evaluation Program:

You pay a fee to access the T.E.P.
You must meet specific profit targets and follow all trading rules
These accounts use real-time market data in a simulated environment (not real trading)
Fees are non-refundable (see Section 10 for limited exceptions)
You must activate your T.E.P. within 30 days or it will be suspended
If suspended, you have 6 months to request reactivation

For current T.E.P. parameters and rules, visit our help center.

Live Desk Accounts

After successfully completing the T.E.P., you may receive a Live Desk Account where trades are executed in actual futures markets. This is subject to:

Separate written agreement
Geographic eligibility (see Section 18)
Our sole discretion
Additional requirements and compliance obligations
All trading must follow our rules and guidelines and be handled with integrity

Educational Products

We offer training courses, webinars, and other educational materials to help you improve your trading skills. These are provided for educational purposes only and do not constitute trading advice.

Account Access

After you register and pay applicable fees, we'll provide login credentials for your account. You're responsible for:

Keeping your login information confidential
All activities that occur under your account
Notifying us immediately of any unauthorized access

4. Account Fees and Payments

T.E.P. Fees

Fees vary based on the T.E.P. option you select. The fee is for:

Access to the evaluation platform
Educational resources
Support services
Market data

Fees are charged when you place your order and are non-refundable except as described below.

Subscription Fees

Some services may require ongoing subscription fees. These will be clearly disclosed and charged according to the billing cycle you select.

Refund Policy

Fees are generally non-refundable. You are not entitled to a refund if you:

Cancel your account
Fail to complete the T.E.P.
Violate these Terms
Don't use the services you purchased

Chargebacks and Payment Disputes

If you initiate an unjustified chargeback or payment dispute with your bank or credit card company, we will:

Immediately terminate all your services
Refuse any future service to you
Pursue collection of amounts owed plus any costs we incur

Payment Methods

We accept major credit cards and debit cards. You represent and warrant that:

You are authorized to use the payment method you provide
All payment information is accurate and current
The payment method is personal to you (not a business or third-party card)

5. Promo Codes and Discounts

We may occasionally offer promo codes. Important rules:

Each promo code can only be used once by the intended recipient
Promo codes are personal to you and cannot be shared, sold, or transferred
Promo codes have no cash value
We may cancel or modify promo code offers at any time
Abuse of promo codes will result in account termination

Prohibited promo code activities include:

Using codes on multiple accounts
Sharing codes publicly or on social media
Selling or trading promo codes
Using codes in unauthorized ways

6. CFTC Required Disclosure: Simulated Trading

IMPORTANT - READ CAREFULLY

CFTC Rule 4.41 requires us to provide this disclosure:

ALL HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE ACTUAL PERFORMANCE RECORDS, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, BECAUSE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.

What this means:

Simulated trading is not the same as live trading
Results in a simulated environment don't predict actual trading results
Simulated funds are fictitious and have no real value
You cannot withdraw or use simulated funds outside our platform
Past simulated performance does not guarantee future results

Trading futures involves substantial risk of loss and is not suitable for all investors.

7. Using Your Account Responsibly

Account Security

You must:

Keep your login credentials confidential
Monitor your account for unauthorized activity
Notify us immediately of any security concerns
Use strong passwords

We are not liable for losses from unauthorized access if you fail to protect your account information.

Professional Conduct

You agree to:

Treat our staff, support team, and other users with respect
Refrain from harassment, abusive language, or threats
Use our services in an ethical manner
Follow all applicable laws and regulations

Prohibited Account Activities

You may not:

Share your account with others
Use automated trading bots or AI without permission
Access our services through VPNs or VPS services
Attempt to hack, reverse engineer, or exploit our systems
Create multiple accounts
Use the services on behalf of others or for commercial purposes beyond your personal use

Data and Privacy

By using our services, you agree that we may:

Monitor your trading activity
Collect and analyze performance data
Use aggregated, anonymized data for business purposes
Share information with our affiliates and service providers

For more details, see our Privacy Policy.

8. Trading Rules and Prohibited Conduct

General Trading Requirements

All trading on our platforms must:

Occur during permitted trading hours
Use only approved instruments and products
Follow position size limits
Close positions before end of permitted trading hours, depending on account type. (Intraday vs Swing)
Comply with our T.E.P. parameters and rules

For specific rules, current trading hours, and approved products, visit our help center.

Daily Loss Limits

If you hit your daily loss limit:

Your account will be automatically liquidated
You'll be prevented from trading for the rest of the trading session
This is a "soft breach" and not a rule violation
You may resume trading the next session

What Is Prohibited Conduct?

You may not engage in trading strategies or activities that:

Exploit the Simulated Environment:

Take advantage of latency, errors, or delays in our system
Use slow or external data feeds to gain an edge
Trade during gaps or when markets are closed
Execute trades that couldn't be replicated in live markets

Manipulative or Disruptive Practices:

Spoofing (placing orders you intend to cancel)
Wash trading or self-trading
High-frequency trading strategies
Excessive order placement or cancellation
Trading outside the best bid/offer

Coordination with Others:

Hedging between multiple accounts (yours or others')
Copying strategies across accounts (yours or others')
Trading on behalf of others
Pooling risk with other users

System Abuse:

Using bugs or errors to your advantage
Circumventing geographic or technical restrictions
Attempting to manipulate account metrics

Our Right to Determine Violations

We have sole discretion to determine whether any activity constitutes Prohibited Conduct. What we consider includes:

Whether the strategy could work profitably in live markets
Whether you're gaming the system or trading responsibly
Industry standards and best practices
The spirit and intent of our rules

Consequences of Violations

If you engage in Prohibited Conduct, we may:

Remove violating trades from your history
Reset or delete trading days
Fail you on the T.E.P.
Terminate your Account
Ban you from all services
Forfeit any profits or payouts
Pursue legal action if appropriate

For more on our expectations, see our Responsible Trading Policy.

9. Third-Party Services and Links

Our platform may integrate with or link to third-party services such as:

Trading platforms and brokers
Payment processors
Data providers
Educational resources

Important points:

We don't control third-party services
Third-party terms and privacy policies apply when you use their services
We're not responsible for third-party actions or failures
You use third-party services at your own risk

Always review the terms and policies of any third-party service before using it.

10. Content and Intellectual Property

Our Intellectual Property

All content on our platform is owned by Apteros or our licensors, including:

Website design and software
Educational materials and courses
Trading tools and analytics
Logos, trademarks, and branding (including T.E.P.)
Text, images, videos, and other content

You may not:

Copy, reproduce, or distribute our content
Use our trademarks or branding without permission
Reverse engineer our software
Create derivative works from our materials

Your License to Use

We grant you a limited, personal, non-transferable license to:

Access and use our services for your own trading and education
View and use materials as intended within our platform

This license ends when your account is terminated or these Terms end.

User-Generated Content

If you post comments, reviews, or other content on our platform:

You grant us a perpetual, worldwide, royalty-free license to use it
You represent that you own the content or have permission to share it
You agree your content doesn't violate anyone's rights
We may remove any content at our discretion

Don't post content that:

Is illegal, offensive, or harassing
Infringes intellectual property rights
Contains false or misleading information
Violates securities laws or regulations
Contains viruses or malicious code

Copyright Complaints

If you believe content on our platform infringes your copyright, contact our designated agent at the address in Section 1 with:

Your signature (physical or electronic)
Identification of the copyrighted work
Identification of the infringing material and its location
Your contact information
A statement of good faith belief that use is unauthorized
A statement that your notice is accurate under penalty of perjury

11. Information on Our Platform

No Warranties on Accuracy

While we strive for accuracy, we don't warrant that:

Information on our platform is complete or current
Market data is always accurate or timely
Our services will be error-free or uninterrupted
Our platform is free from viruses or security issues

Not Investment Advice

All content is for:

General information purposes only
Educational and entertainment value
Demonstrating trading concepts and strategies

Our content is NOT:

Personalized investment advice
A recommendation to buy or sell any instrument
A guarantee of trading success
Suitable for your specific situation

Third-Party Content

We may display content from:

Other users
Financial news sources
Market commentators
Trading educators

We don't:

Verify accuracy of third-party content
Endorse third-party opinions
Control what third parties say or do

Your Responsibility

You are solely responsible for:

Your own investment and trading decisions
Consulting with qualified professionals as needed
Understanding the risks of trading
Verifying any information before acting on it

12. Disclaimers and Warranties

PLEASE READ THIS SECTION CAREFULLY - IT LIMITS OUR LIABILITY

Services Provided "As Is"

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY
UNINTERRUPTED OR ERROR-FREE OPERATION

No Guarantee of Results

WE DO NOT WARRANT THAT:

You will pass the T.E.P.
You will make profits
Our services will meet your specific needs
Data or information will be accurate or timely
The platform will always be available

Your Own Risk

YOU UNDERSTAND AND AGREE THAT:

You use our services at your own risk
Trading involves substantial risk of loss
Past performance doesn't predict future results
You're responsible for your own trading decisions
Technical issues may occur beyond our control

Platform Availability

We may:

Perform maintenance that makes services temporarily unavailable
Experience outages or technical problems
Modify or discontinue features at any time
Not be able to prevent all security breaches or data loss

We're not liable for any consequences of service interruptions or unavailability.

13. Limitation of Liability

PLEASE READ CAREFULLY - THIS LIMITS THE DAMAGES YOU CAN RECOVER

Types of Damages Excluded

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR:

Indirect, incidental, or consequential damages
Lost profits or lost opportunity
Loss of data or corruption of data
Business interruption
Loss of goodwill or reputation
Punitive or exemplary damages

This applies even if we've been advised of the possibility of such damages.

Maximum Liability Amount

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF:

The amount you paid us in the 30 days before the claim arose, OR
$100

Exceptions

Some jurisdictions don't allow exclusion of certain warranties or limitation of liability. In those places, our liability is limited to the maximum extent permitted by law.

No Liability For:

Force majeure events (see Section 16)
Third-party actions or services
Your violation of these Terms
Unauthorized access to your account due to your failure to secure it
Your trading decisions and losses
Technical issues with your equipment or internet connection

14. Dispute Resolution and Arbitration

IMPORTANT: THIS SECTION REQUIRES ARBITRATION OF DISPUTES AND WAIVES YOUR RIGHT TO A JURY TRIAL AND CLASS ACTIONS

Governing Law

These Terms are governed by the laws of the State of Delaware and the United States, without regard to conflict of law principles.

Mandatory Arbitration

Any dispute, claim, or controversy arising from or relating to these Terms or our services must be resolved through binding arbitration rather than in court.

Arbitration details:

Location: Nashville, Tennessee (or another mutually agreed location)
Administrator: JAMS (Comprehensive Arbitration Rules and Procedures)
One arbitrator will decide the dispute
Decision is final and binding
Judgment on the award may be entered in any court with jurisdiction

Costs

The parties will share arbitration costs equally, except that each party pays their own attorneys' fees unless a party prevails and is entitled to recover fees under these Terms.

Exceptions to Arbitration

Either party may seek:

Injunctive relief in court to prevent irreparable harm
Small claims court resolution if the claim qualifies

Individual Disputes Only - No Class Actions

YOU AGREE THAT:

Disputes must be arbitrated on an individual basis
No class arbitrations or class actions are permitted
You cannot bring claims as a representative of others
You cannot participate as a class member in others' claims
Each dispute will be arbitrated separately

YOU WAIVE YOUR RIGHT TO:

Participate in class action lawsuits
Participate in class arbitrations
Bring representative actions
Consolidate your claims with others

Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND APTEROS WAIVE THE RIGHT TO A TRIAL BY JURY for any dispute arising from or relating to these Terms or our services.

Opt-Out Right

You may opt out of arbitration by sending written notice to us within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement that you want to opt out of arbitration. Send to: [arbitration opt-out address].

If you opt out, disputes will be resolved in the courts of Davidson County, Tennessee.

Court Jurisdiction (If Arbitration Doesn't Apply)

If arbitration doesn't apply or you've opted out, you agree that:

Courts in the State of Delaware have exclusive jurisdiction
You consent to personal jurisdiction in those courts
You waive any objections based on venue or forum non conveniens

15. Termination

Your Right to Terminate

You may terminate your account at any time by contacting support. Upon termination:

Your access ends immediately
You're not entitled to any refund of fees paid
We'll confirm termination by email
Any pending transactions will be canceled

Our Right to Terminate

We may suspend or terminate your account at any time, with or without notice, if:

You violate these Terms
You engage in Prohibited Conduct
You provide false information
You engage in illegal or fraudulent activity
We're required to do so by law or regulation
We decide to discontinue services
For any reason or no reason (at our discretion)

Effects of Termination

Upon termination by us:

Your access ends immediately
You forfeit any profits, payouts, or account balances
You're banned from creating new accounts
All provisions of these Terms that should survive will continue (including arbitration, warranties, liability limitations, and indemnification)
We may delete your account data

No Liability for Termination

We're not liable to you or any third party for termination of your account or services.

16. Force Majeure

We're not liable for failure to perform our obligations if the failure results from circumstances beyond our reasonable control, including:

Natural disasters (earthquakes, floods, storms)
War, terrorism, or civil unrest
Government orders or regulations
Pandemics or epidemics
Strikes or labor disputes
Telecommunications or internet failures
Power outages
Failures of third-party service providers

During a force majeure event:

Our obligations are suspended
We'll resume performance as soon as reasonably possible
You're not entitled to refunds for service interruptions

17. Indemnification

You agree to indemnify, defend, and hold harmless Apteros, our affiliates, and our respective officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from:

Your use of our services
Your violation of these Terms
Your violation of any law or regulation
Your violation of any third-party rights
Your trading activities (simulated or live)
Content you post or submit
Unauthorized use of your account due to your failure to protect it

We may assume exclusive defense of any claim for which you owe indemnification. You must cooperate with our defense efforts.

18. Geographic Restrictions

Live Restricted Jurisdictions

If you reside in a jurisdiction where we don't have an active futures commission merchant partnership or where providing live trading accounts would be inconsistent with applicable laws ("Live Restricted Jurisdiction"):

For a current list of Live Restricted Jurisdictions, visit our help center.

Our Rights

We reserve the right to:

Limit availability of services in any geographic area
Determine which jurisdictions qualify for live trading
Change geographic restrictions at any time
Block access from certain locations

19. Additional Terms

Entire Agreement

These Terms, together with our Privacy Policy and any separate written agreements you enter with us, constitute the entire agreement between you and Apteros regarding our services.

Amendments

We may modify these Terms at any time. When we do:

We'll post the revised Terms on our website
The effective date will be updated
Material changes may be communicated via email or platform notification
Your continued use after changes constitutes acceptance

If you don't agree with changes, you must stop using our services.

Severability

If any provision of these Terms is found invalid or unenforceable:

The remaining provisions continue in full effect
The invalid provision will be modified to be valid and enforceable while preserving its intent
No provision's invalidity affects the validity of other provisions

No Waiver

Our failure to enforce any provision of these Terms doesn't waive our right to enforce it later. Any waiver must be in writing.

Assignment

We may assign our rights and obligations under these Terms to any third party without your consent. You may not assign your rights or obligations without our prior written consent.

No Partnership

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Apteros.

Headings

Section headings are for convenience only and don't affect interpretation of these Terms.

Language

These Terms are in English. Any translations are for convenience only. In case of conflict, the English version prevails.

Contact for Legal Notices

All legal notices should be sent to: Apteros Trading, LLC 4235 Hillsboro Pike STE 300 Nashville, TN 37215 Attn: Legal Department

20. Acknowledgment and Agreement

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms
You agree to be bound by these Terms
You understand the risks of trading
You're using our services voluntarily
You've had the opportunity to consult with legal or financial advisors
You understand you're waiving certain legal rights (jury trial, class actions)

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

Last Updated: [Date]

The Tryout® is a registered trademark of Apteros Trading, LLC.