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Terms of Service

Please read these carefully before using this website or purchasing any software from Erianux LLC

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PLEASE READ THESE TERMS OF SERVICE AND LEGAL DISCLOSURES CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING ANY SOFTWARE, INDICATORS, OR SERVICES FROM ERIANUX LLC

1. Acceptance of terms & modifications

By accessing, browsing, purchasing from, or using this website ("Site") and any associated software, products, indicators, algorithms, data feeds, code, or materials (collectively, the "Services"), you ("User", "Customer", or "You") agree to be legally bound by these Terms of Service ("Terms"), as well as all applicable laws and regulations.

Erianux LLC, a Wyoming limited liability company ("Erianux", "Company", "We", "Us", or "Our"), reserves the right to modify, amend, update, or replace these Terms, in whole or in part, at any time without prior notice. Any modifications become effective immediately upon posting to this Site. Your continued use of the Site or Services following any changes constitutes your binding acceptance of such revisions. If you do not agree with any part of these Terms, you must immediately cease accessing this Site and discontinue use of all Erianux software and materials.

The version of these Terms in force for any purchase is the version you accepted at checkout, and we retain a record of it.

2. No investment advice & non-advisory disclaimer

Erianux LLC is a financial technology and quantitative software development firm. We are not a registered investment advisor, commodity trading advisor (CTA), futures commission merchant (FCM), broker-dealer, or financial planner under U.S. federal or state securities laws, nor are we registered with the Commodity Futures Trading Commission (CFTC) or National Futures Association (NFA).

Analytical infrastructure only: All Services, software engines, indicators (including but not limited to Essential FlowKit), code modules, data visualizers, and educational materials provided by Erianux are strictly for informational, educational, and analytical market state evaluation purposes.

No financial recommendations: Nothing contained on this Site or within our software constitutes a solicitation, recommendation, endorsement, or offer by Erianux to buy, sell, hold, or execute any financial instrument, derivative, contract, security, currency, or cryptocurrency.

User responsibility: You retain 100% sole responsibility for your own trading decisions, risk assessment, capital allocation, and execution setup. Erianux does not evaluate your financial situation, trading experience, or risk tolerance. Always consult a licensed financial advisor prior to engaging in live market trading.

3. High-risk financial market disclosure

Trading or investing in financial markets — including futures contracts (e.g. NQ, ES), foreign exchange (Forex), equities, options, indices, and digital assets or cryptocurrencies — carries substantial risk of financial loss and is not suitable for all investors or traders.

Potential for total loss: You may lose all or more than your initial capital investment. Leverage in futures and forex trading can work against you as well as for you, magnifying both gains and losses rapidly.

Risk capital requirement: Only risk capital — money that can be lost entirely without jeopardizing your financial security, personal obligations, basic living expenses, or lifestyle — should be used for trading. Never trade with capital you cannot afford to lose.

No guarantee of profit: Past performance of any trading strategy, market analysis framework, order flow methodology, or quantitative algorithm is not indicative of future results. Market conditions shift dynamically across volatility regimes, and historical efficiency provides no guarantee of future returns.

4. CFTC Rule 4.41 & hypothetical performance disclaimer

HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT 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 SUBJECT TO THE FACT THAT THEY ARE 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.

Hypothetical trading does not involve financial risk, and no hypothetical or backtested trading record can completely account for the impact of real financial risk in actual live market execution. Factors such as slippage, broker commission structures, latency, order execution delays, exchange order book dynamics, dynamic spread widening, and unexpected liquidity vacuums can adversely impact live trading performance compared to simulated outputs.

5. Verified customer testimonials & reviews disclosure

In compliance with FTC guidelines and regulatory standards, Erianux LLC maintains strict integrity regarding customer feedback:

Verified customers: All testimonials, reviews, ratings, and endorsements displayed on this Site or in official Erianux materials originate exclusively from verified, paying customers who have used or licensed our software and services.

No guarantee of individual success: Testimonials represent the individual experiences and subjective opinions of specific users under specific market conditions. They are not representative of all clients, do not reflect typical results, and are not a guarantee of future performance or success.

Varying results: Individual results vary significantly based on personal risk management, capital size, broker platform stability, execution discipline, market volatility, and operational skill. Erianux has not independently audited or verified the private trading statements or account balances of customers submitting testimonials.

6. Software licensing & usage restrictions

When you purchase a software licence from Erianux LLC:

Grant of licence: Erianux grants you a limited, non-exclusive, single-user licence to install and run the software on one machine at a time, for your own trading and market analysis. A lifetime licence does not expire. A subscription licence runs for as long as the subscription is paid.

Moving between your own machines: A licence is bound to one machine at a time and may be moved to another machine you own, free of charge and without limit, by supplying the new machine ID, once licence enforcement is enabled for that product. A licence may not be transferred, sold, or assigned to another person.

Ownership retained: Title, copyright, intellectual property rights, trade secrets, algorithm formulas, and source code associated with all Erianux software remain the exclusive property of Erianux LLC. No transfer of ownership or underlying intellectual property occurs.

Restrictions. You expressly agree that you shall NOT:

Decompile, reverse-engineer, disassemble, extract, decrypt, or attempt to derive the source code, formulas, or underlying logic of any Erianux software or module, except to the extent such acts cannot lawfully be prohibited.

Modify, adapt, translate, resell, rent, lease, sub-license, distribute, host, or commercially exploit any Erianux software or licence key.

Share, broadcast, re-stream, re-transmit, or publish real-time analytical outputs, visual indicators, or proprietary data feeds to third parties, Discord groups, Telegram channels, or public streaming platforms without explicit prior written authorization from Erianux LLC.

Circumvent, disable, or tamper with any hardware locking, licence verification, trial period, user authentication, or security feature embedded within Erianux software.

Violation of these restrictions results in immediate, non-refundable termination of your licence and may subject you to civil and criminal liability.

7. The seven-day trial

Every paid analysis engine runs free for seven days from the first time it loads on your machine. No key is issued and no payment details are required. The trial is the complete product, not a reduced version.

Chart tools are sold without a trial. What they do is shown in full before you buy — every tool demonstrated on a live chart in the product videos, and listed on the product page — and seven days does not make that decision clearer.

One trial per product per machine. Attempting to reset or extend a trial by deleting records, altering your system clock, or otherwise interfering with the licensing mechanism is a breach of these Terms.

8. Intellectual property rights

All content contained on this Site — including but not limited to text, source code, visual indicators, graphics, charts, proprietary software architecture, logos, branding, audio and video media, dynamic visualization systems, and user interface designs — is owned by or licensed to Erianux LLC and protected by United States and international copyright, trademark, and intellectual property laws.

Except as expressly authorized in writing by Erianux, no portion of this Site or its content may be copied, reproduced, republished, uploaded, posted, transmitted, framed, mirrored, stored for subsequent retrieval, or distributed in any form.

The ERIANUX™ mark: ERIANUX™ is a trademark of Erianux LLC (U.S. federal trademark application pending). No licence to the mark is granted by these Terms; affiliates receive a limited promotional licence under the separate Affiliate Program Terms, and every other use of the mark requires our prior written consent.

Derivation is prohibited in every form: the licence restrictions in Section 6 — no decompilation, no reverse engineering, no derivative works — apply equally to automated and machine-assisted methods, including submitting any part of the software, its decompiled output or its documentation to an artificial-intelligence system for the purpose of reproducing, porting or re-deriving its functionality.

9. Platform interoperability & third-party services

Erianux software runs inside third-party charting platforms, including but not limited to Quantower, NinjaTrader 8, ATAS, and Sierra Chart.

Third-party platform dependence: Erianux is not affiliated with, endorsed by, or responsible for the operational performance, downtime, API changes, bugs, or data feed accuracy of third-party platforms.

Data feed integrity: Our products depend on the market data your platform and broker supply. Order-flow features require real volume, and order-book features require Level 2 depth. Erianux disclaims all liability for charting errors, delayed tick data, execution failures, or missed trades resulting from third-party brokerage feeds, hardware failure, internet service disruptions, or exchange outages.

10. Purchase, delivery & digital goods

Irrevocable digital goods: All licences, software tools, and code modules offered by Erianux LLC are digitally delivered intellectual property.

Consent to immediate delivery: Digital products are delivered as soon as your purchase completes. At checkout you consent to that immediate delivery and acknowledge that, where a statutory cancellation right would otherwise apply, it is lost once delivery begins.

Final sale: All sales are final and non-refundable once your digital files or download access have been delivered (and, for any product that uses a licence key, once that key has been issued). Chart tools are sold as seen, from the product videos and the product page. Where a product separately offers the seven-day trial described in Section 7, that trial is your opportunity to evaluate it before paying. See the Refund Policy.

Machine binding (where applicable): Some products are licensed to a specific machine. For those, once licence enforcement is enabled, a key is issued after you supply the machine ID for the computer you will use. Products delivered without a licence key are not machine-bound.

Technical compatibility: It is your responsibility to verify platform compatibility and market data requirements prior to completing your purchase. Contact support@erianux.com for pre-sale technical verification.

Pricing: We may change prices at any time. A change never affects a product you have already purchased.

11. What we warrant

These are express warranties given by Erianux LLC, and they are intended to be binding. Section 12 is expressly subject to this section.

Conformity to documentation: The software will perform substantially as described in its accompanying manual. Behaviour that departs materially from the documentation is a defect.

Continual updates: Every improvement to a product you own reaches you at no additional cost. Your licence remains valid and the software continues to work regardless of the release schedule.

Free machine transfers: Moving your licence between machines you own is free and unlimited, as set out in Section 6.

Closed-bar detections: On the structure and pattern engines, detections are made on closed bars and nothing is re-graded after it is drawn. Live profiles and footprints (Essential FlowKit) and live tape-and-book computation (Nemesis Desk AI) update with the tape as a bar forms, by design.

Included manual: Each purchase includes documentation describing what each setting does.

12. Disclaimer of warranties

EXCEPT FOR THE EXPRESS WARRANTIES SET OUT IN SECTION 11, THIS SITE AND ALL SOFTWARE, INDICATORS, SERVICES, AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ERIANUX LLC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND FREEDOM FROM COMPUTER VIRUSES OR SYSTEM LAG. ERIANUX DOES NOT WARRANT THAT SOFTWARE OPERATIONS WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPATIBLE WITH EVERY BROKERAGE OR PLATFORM UPDATE.

13. Remedies

Repair is the primary remedy: Where a product does not conform to the warranty in Section 11, your remedy is for Erianux to correct the defect or supply a corrected version within a reasonable period.

If repair is not possible: If we are unable to correct a material defect within a reasonable period, we will supply a comparable Erianux product in its place. Consistent with Section 10, all sales are final and no monetary refunds are issued.

14. Limitation of liability & indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ERIANUX LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONSULTANTS, DEVELOPERS, AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING BUT NOT LIMITED TO TRADING LOSSES, FINANCIAL LOSSES, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF TRADING DATA, SYSTEM LAG, SLIPPAGE, BROKERAGE COMMISSIONS, OR HARDWARE MALFUNCTION — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR OUR SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ERIANUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ERIANUX'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS EXCEED THE TOTAL AMOUNT PAID BY YOU TO ERIANUX FOR THE SPECIFIC SOFTWARE LICENCE OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification: You agree to defend, indemnify, and hold harmless Erianux LLC, its members, managers, officers, employees, software architects, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or legal fees arising out of or relating to your violation of these Terms, your unauthorized use of Erianux software, or your trading execution decisions.

15. United States offering

Erianux Services are developed, offered and sold in and from the United States. We do not direct, market or offer them to consumers outside the United States. Prices are quoted and payable in United States dollars, and all materials are provided in English.

If you purchase from outside the United States you do so on your own initiative, and you agree that these Terms and the law of the State of Texas govern the transaction in full, as set out in Section 17. You are responsible for compliance with the law of your own jurisdiction, including any import, tax or regulatory requirement.

16. Site access & jurisdictional compliance

This Site and Erianux Services are controlled and operated from the United States. We make no representation that materials or software on this Site are appropriate or legal for use in jurisdictions outside the United States. Accessing this Site from territories where its contents are illegal or restricted is strictly prohibited. You are responsible for compliance with all applicable local, national, and international laws regarding financial software usage and electronic market access.

17. Governing law & dispute resolution

Governing law: These Terms, your access to this Site, and any software licences issued hereunder shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles. Nothing in these Terms removes a right that the law of your state gives you and that cannot be waived by agreement.

Binding arbitration: Any legal dispute, controversy, or claim arising out of or relating to these Terms, the Site, or Erianux software shall be resolved exclusively through binding arbitration conducted in Texas in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA).

Class action waiver: You agree to resolve all disputes solely on an individual basis and waive any right to bring or participate in any class action lawsuit, class-wide arbitration, or consolidated legal proceeding.

18. Severability & entire agreement

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.

These Terms constitute the entire agreement between you and Erianux LLC regarding the use of the Site and Services, superseding all prior oral or written communications, understandings, or agreements.

Contact & legal notice

For questions regarding these Terms of Service or to request legal clarification, please contact Erianux LLC:

Legal notices and technical support: support@erianux.com
Affiliates & partnerships: business@erianux.com
Corporate entity: Erianux LLC, a Wyoming limited liability company