Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PayoutGuard ("Company," "we," "us," or "our"), the operator of the website located at payoutguard.us and all associated software, APIs, tools, and services (collectively, the "Service").

By creating an account, accessing any portion of the Service, or clicking "I Agree" during registration, you acknowledge that you have read these Terms in their entirety, that you are at least 18 years of age, that you have the legal capacity to enter into this agreement, and that you agree to be bound by all provisions herein.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and all references to "you" shall apply equally to that organization.

2. Description of Service

PayoutGuard is a cloud-based risk management platform designed to help traders manage and enforce their personal trading rules. The Service is intended for use by individual retail traders, funded account traders (including participants in proprietary trading firm programs), and trading teams.

Core features of the Service may include, but are not limited to: automated position flattening upon breach of user-defined loss thresholds, daily drawdown monitoring, real-time profit and loss tracking, webhook-based integrations with third-party platforms, email and in-app alerts, and performance analytics dashboards.

PayoutGuard supports integration with broker platforms including MetaTrader 4 (MT4), MetaTrader 5 (MT5), and select other platforms via API or Expert Advisor (EA). Availability of specific integrations may vary and is subject to change without notice.

We reserve the right to modify, expand, or discontinue any feature or aspect of the Service at any time. We will endeavor to provide reasonable notice of material changes that affect your use of the Service.

3. User Accounts & Registration

To access the Service, you must register for an account by providing accurate, current, and complete information as prompted during the registration process. You agree to maintain and promptly update your account information to keep it accurate and complete.

You are solely responsible for maintaining the confidentiality of your login credentials, including your password and any API keys associated with your account. You agree to accept responsibility for all activities that occur under your account, whether or not you authorized them.

You must notify us immediately at support@payoutguard.us if you become aware of any unauthorized access to your account or any other breach of security. We will not be liable for any loss arising from unauthorized use of your account unless such loss is directly caused by our negligence.

You may not create more than one account per person, share your account credentials with others, or create accounts using false identity information. We reserve the right to terminate accounts that are found to be in violation of this policy.

4. Subscription Plans & Billing

PayoutGuard offers paid subscription plans that provide access to the Service. Current plans are as follows:

All subscription fees are billed in advance on a monthly basis through our third-party payment processor, Stripe. By subscribing, you authorize us to charge your designated payment method at the applicable subscription rate on a recurring basis until your subscription is cancelled.

Cancellation Policy: You may cancel your subscription at any time by accessing your account settings or contacting support@payoutguard.us. Cancellation takes effect at the end of your current billing cycle. You will retain access to the Service through the end of your paid period.

No Refund Policy: All subscription fees are non-refundable. We do not provide refunds, credits, or prorations for partial subscription periods, unused features, or early cancellations. This applies to all plans, including cases where you cancel before the end of a billing cycle.

Prices are subject to change at any time. We will provide at least 30 days' advance notice of any price changes via email or in-app notification. Continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You expressly agree not to:

• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code of any portion of the Service
• Access, tamper with, or use non-public areas of the Service, our servers, or the technical delivery systems of our providers
• Circumvent or bypass any security mechanism or authentication feature of the Service
• Use automated scripts, bots, or other unauthorized tools to scrape, crawl, or extract data from the Service
• Resell, redistribute, sublicense, or otherwise transfer access to the Service to third parties without our express written consent
• Use the Service to engage in manipulative or fraudulent trading activity, including any activity that violates the rules of your broker or proprietary trading firm
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Upload or transmit viruses, malware, or other malicious code through the Service
• Interfere with the proper working of the Service or any connected systems or networks

Violation of this Acceptable Use Policy may result in immediate suspension or permanent termination of your account, at our sole discretion, without notice or refund.

8. Automated Decision-Making & Artificial Intelligence

The Service operates by automatically evaluating the trading rules and parameters you configure and, when those thresholds are met, taking pre-defined actions — such as flattening positions, blocking new orders, or locking an account — without human review at the moment of action. By using the Service, you understand and consent to this automated decision-making, which is essential to the core functionality you are purchasing.

Where PayoutGuard features are described as "AI," "intelligent," or similar, those terms refer to automated, rule-based evaluation and statistical pattern detection (for example, behavioral "tilt" scoring) configured around the limits you set. They do not constitute professional judgment, financial advice, or a prediction of market outcomes, and they are not a guarantee that any particular risk event will be detected or prevented.

You may influence or stop automated actions at any time by adjusting your rule settings, disabling protection features where available, or disconnecting the agent from your trading platform. The automated nature of the Service means actions can occur quickly and irreversibly once a configured condition is met; you are responsible for configuring your rules accurately.

If you are located in a jurisdiction that grants rights regarding solely automated decisions (for example, the EU/EEA or United Kingdom under the GDPR), you may contact us at support@payoutguard.us to ask questions about the logic involved, express your point of view, or request human review of a decision, subject to applicable law.

9. Third-Party Integrations

The Service integrates with or relies upon certain third-party services to deliver its functionality. These include, without limitation:

• Stripe — for payment processing and subscription management
• Supabase — for database hosting and user authentication
• MetaTrader 4 / MetaTrader 5 — for broker-side trade execution via Expert Advisors
• Resend — for transactional email delivery
• Vercel — for application hosting and deployment
• TradingView — for webhook-based alert and signal integrations
• Your connected broker or proprietary trading firm platform

Your use of these third-party services is governed by their respective terms of service and privacy policies. We encourage you to review those policies before using the Service. PayoutGuard is not responsible for the availability, accuracy, security, or legality of any third-party service.

We do not guarantee that any specific third-party integration will be available at all times or that the functionality of integrations will not change. Disruptions to third-party services may impact your ability to use certain features of PayoutGuard, and we shall not be liable for any resulting losses.

10. Intellectual Property

The Service and all of its contents, features, and functionality — including but not limited to all software, code, algorithms, designs, text, graphics, logos, icons, images, audio, video, data compilations, and the selection and arrangement thereof — are owned by PayoutGuard, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial trading purposes. This license does not include the right to sublicense, sell, resell, transfer, assign, or commercially exploit any portion of the Service.

You retain ownership of any data you input into the Service, including trade data, account configurations, and user-generated content. By submitting data to the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, process, store, and display that data solely for the purpose of providing and improving the Service.

You may not use our trademarks, service marks, trade names, logos, or other proprietary designations without our prior written consent.

11. User Content & Copyright (DMCA)

The Service may allow you to create, upload, or store content such as trade notes, account nicknames, tags, and other materials ("User Content"). You retain ownership of your User Content, subject to the license you grant us in Section 10. You are solely responsible for your User Content and represent and warrant that you own it or have all rights necessary to submit it, and that it does not infringe any third party's rights or violate any law.

You agree not to submit User Content that is unlawful, infringing, defamatory, or that violates the rights of any third party. We do not pre-screen User Content, but we may, in our sole discretion and without obligation, review, remove, or disable access to any User Content at any time, with or without notice. PayoutGuard is not responsible or liable for any User Content, and any opinions expressed in User Content are those of the user, not PayoutGuard.

Copyright complaints (DMCA). We respect the intellectual property rights of others and respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act. If you believe content on the Service infringes your copyright, send a written notice to our designated agent at support@payoutguard.us (subject line: "DMCA Notice") including: (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the allegedly infringing material and its location; (iv) your contact information; (v) a statement that you have a good-faith belief the use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on the owner's behalf.

We will respond to valid notices as required by law and maintain a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

IN NO EVENT SHALL PAYOUTGUARD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, TRADING LOSSES, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless PayoutGuard and its directors, officers, employees, contractors, agents, licensors, service providers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service in a manner not authorized by these Terms
• Your violation of any third-party right, including any intellectual property right, privacy right, or contractual right
• Your violation of any applicable law or regulation
• Any trading losses you incur in connection with your use of the Service
• Any claim that your use of the Service caused damage to a third party

14. Termination

We may suspend or terminate your account and your access to the Service at any time, with or without cause, with or without notice, effective immediately, including without limitation if we believe that you have violated or acted inconsistently with these Terms or any applicable law.

You may terminate your account at any time by canceling your subscription and contacting us at support@payoutguard.us to request account deletion. Termination of your account does not entitle you to a refund of any prepaid subscription fees.

Upon termination, all rights and licenses granted to you under these Terms shall immediately cease. We may delete your account data in accordance with our data retention policy described in our Privacy Policy.

Sections of these Terms that by their nature should survive termination — including without limitation Sections 6 (No Financial Advice Disclaimer), 7 (No Guarantee of Execution), 8 (Automated Decision-Making & AI), 10 (Intellectual Property), 11 (User Content & Copyright), 12 (Limitation of Liability), 13 (Indemnification), and 15 (Governing Law & Dispute Resolution) — shall survive any termination or expiration of these Terms.

15. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in the State of Delaware before a single arbitrator, in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator, and not any court, has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement.

YOU AND PAYOUTGUARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Your right to opt out. You may opt out of this arbitration agreement by emailing support@payoutguard.us with the subject line "Arbitration Opt-Out" within 30 days of the date you first accept these Terms, and including your name and the email associated with your account. If you opt out, neither party will be required to arbitrate, and disputes will be resolved in the courts identified above. Opting out of arbitration has no effect on any other provision of these Terms.

Coordinated or mass filings. If 25 or more similar arbitration demands are submitted by or with the assistance of the same or coordinated counsel, the parties agree the demands will be administered in staged batches to promote efficient resolution, and any applicable statute of limitations will be tolled for claims awaiting their batch.

Notwithstanding the foregoing, either party may seek emergency injunctive relief in a court of competent jurisdiction in the State of Delaware to prevent irreparable harm pending arbitration, and either party may bring an individual claim in small-claims court if it qualifies.

16. Changes to Terms

We reserve the right to update or modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a revised "Last Updated" date, and by sending an email notification to the address associated with your account.

Changes to these Terms will take effect 30 days after the updated Terms are posted, or immediately if the changes are required by law. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription before the changes take effect.

17. Contact Information

If you have any questions about these Terms of Service, please contact us: