These Terms govern your use of the cutlassedge.com website and your purchase and use of a CutlassEdge software subscription (together, the "Service"). By using the website or purchasing a subscription, you agree to these Terms, our Privacy Policy, our Refund Policy, and our Risk Disclosure. If you do not agree, do not use the website or purchase a subscription.
The CutlassEdge desktop software itself is licensed under the CutlassEdge End User License Agreement and Terms of Service (the "EULA"), which you accept in the app. These Terms and the EULA are intended to be read together and consistently. If they conflict, the EULA governs your license to and use of the software, and these Terms govern your use of the website and your purchase transaction.
CutlassEdge is charting and analytics software for auction-based futures markets. Its charts, statistics, base rates, classifications, and other outputs (the "Outputs") are general, impersonal information and educational commentary. The Outputs, including any directional read, probabilistic context, or read-strength indicator, are computed the same way for every user in the same market state. They are not tailored to you, your account, your positions, or your circumstances.
We are not registered as an investment adviser or commodity trading advisor with any federal or state authority. Nothing in the Service is investment advice, trading advice, a recommendation, or a solicitation or offer to buy or sell any futures contract, security, option, or other instrument. When an Output describes the market as leaning one way, or presents what historically followed a condition, it is expressing an impersonal, educational interpretation, not telling you what to do and not a signal to follow. No communication from us, including support replies, is advice tailored to you.
Trading futures involves substantial risk of loss and is not suitable for everyone. Past performance, real or hypothetical, does not indicate future results. You alone are responsible for your trading decisions and their outcomes. See the Risk Disclosure.
You must be at least 18 years old to purchase a subscription. Provide accurate information and keep it current. Keep your license key and any account credentials secure; you are responsible for activity under them. License keys, activation, seats, and machine binding are governed by the EULA.
The CutlassEdge software, the cutlassedge.com website and its content, and our marks, including CUTLASSEDGE and Pirate Traders, are owned by Pirate Traders Inc. or our licensors and are protected by law. These Terms grant you no right in them except the limited right to use the website for its intended purpose. Your right to use the software is the license granted in the EULA. You may not copy, scrape, resell, redistribute, frame, or create derivative works of the website or its content, or remove any proprietary notice.
You will not misuse the website: no attempting to breach or circumvent its security, no automated scraping or harvesting, no interfering with its operation, no unlawful use, and no use that infringes another's rights. We may suspend or restrict website access for a violation of these Terms.
You may stop using the website at any time and may cancel your subscription under Section 4. We may suspend or terminate your access to the website or the Service for a material breach of these Terms. The effect of termination on your license and any refund is governed by the EULA and the Refund Policy. Sections 2, 5, and 8 through 11 survive termination.
Testimonials, if shown, reflect individual experiences and are not typical results or promises of performance. We disclose material connections when we recommend anything from which we may earn compensation. The website may link to third-party sites and services that we do not control; use them at your own risk and under their own terms. Your market-data provider and brokerage are third parties governed by their own agreements.
THE WEBSITE AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIRATE TRADERS INC. IS NOT LIABLE FOR ANY TRADING OR INVESTMENT LOSSES OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE OR THE SERVICE, AND OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR FIFTY DOLLARS ($50). Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you. Nothing in these Terms limits or excludes any liability or remedy that cannot be limited or excluded under applicable law, including non-waivable rights and remedies under the Massachusetts Consumer Protection Act, M.G.L. c. 93A, and including liability for fraud or for a willful or knowing violation of that Act.
Any dispute arising out of or relating to these Terms, the website, or your purchase shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Massachusetts, except that (a) either party may bring an individual claim in small-claims court, and (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction for infringement or misuse of intellectual property rights. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. These waivers apply in any forum and remain in effect even if you opt out of arbitration, to the fullest extent permitted by law. You may opt out of this arbitration provision within 30 days of first accepting these Terms by emailing legal@piratetraders.com with your name and account email; opting out does not affect the rest of these Terms.
Coordinated and mass filings. Before initiating arbitration, a party must first send an individualized written notice of dispute to legal@piratetraders.com describing the claim and the relief sought, and the parties will attempt in good faith to resolve it for 30 days. If 25 or more similar demands are submitted against us by or with the coordinated assistance of the same or coordinated counsel or organizations, the demands will be administered under the American Arbitration Association Mass Arbitration Supplementary Rules and fee schedule then in effect, using staged batches and non-binding bellwether cases to inform a global mediation, with each claimant keeping an individual determination and full procedural and appeal rights, and with the limitation period tolled for demands awaiting their turn. This provision applies equally to you and to us. If any portion of it is held invalid, that portion is severed and the remainder of this Section, including the requirement of individual arbitration and the waivers of class actions, representative proceedings, and jury trial, remains in full force.
Coordination with the EULA. These Terms and the EULA contain substantively identical arbitration and class-waiver provisions. Where both apply to you, they are intended to operate as a single agreement to arbitrate: a timely opt-out under either provision operates as an opt-out under both, and demands you bring that arise from the same facts are treated as one claim, including for the 25-demand threshold above. The Federal Arbitration Act governs this Section.
Massachusetts law governs these Terms, without regard to conflicts rules. We may update these Terms; material changes will be posted here with a new "Last updated" date, and your continued use of the website or Service after the change takes effect is acceptance. If any provision is unenforceable, the rest remains in effect. These Terms, together with the EULA, Privacy Policy, Refund Policy, and Risk Disclosure referenced here, are the entire agreement between you and us about the website and the Service. You agree to transact and receive notices from us electronically. Notices to us: legal@piratetraders.com.
Consumers with mandatory local protections. If the mandatory consumer-protection law of your country, state, or province of residence limits or prohibits any provision of these Terms, including the arbitration agreement or the class-action and jury-trial waivers in Section 10, that provision is limited or severed only as to you and only in your jurisdiction, and the remainder of these Terms continues in effect.