Terms of Service

Contents

1. 1. Agreement to these Terms
2. 2. What PenguinAlgos is, and what it is not
3. 3. Your account
4. 4. Connecting a brokerage account
5. 5. Risk disclosure
6. 6. Strategies, the Marketplace and your licence
7. 7. Copy trading
8. 8. Subscriptions, fees and billing
9. 9. When access ends, and open positions
10. 10. Acceptable use
11. 11. Content and strategies you publish
12. 12. Our intellectual property
13. 13. Privacy and your data
14. 14. Availability, halts and no guarantee of execution
15. 15. Disclaimer of warranties
16. 16. Limitation of liability
17. 17. Indemnification
18. 18. Term and termination
19. 19. Changes to these Terms
20. 20. Governing law and dispute resolution
21. 21. General

1. Agreement to these Terms

By creating an account, or by using any part of PenguinAlgos, you agree to these Terms. If you do not agree, do not create an account and do not use the service.

You must be at least 18 years old and legally able to enter into this agreement. You must not be barred from using the service under the laws of your country, and you must not be located in, or a resident of, a jurisdiction subject to comprehensive sanctions by the United States. If you are agreeing on behalf of a company or other entity, you confirm you are authorised to bind it, and “you” means that entity.

The service is operated from the United States and is offered to users located in the United States. We do not direct or market it to residents of the European Economic Area or the United Kingdom, and we make no representation that it is appropriate or available for use elsewhere. If you access it from outside the United States you do so on your own initiative and are responsible for complying with your local law.

Your use of the service is also subject to the agreements you hold with your own broker or proprietary trading firm. Where those agreements restrict automated trading, they govern your relationship with them, and complying with them is your responsibility, not ours.

2. What PenguinAlgos is, and what it is not

PenguinAlgos is a software platform. It receives signals from trading strategies, and — for the strategies you have switched on, on the accounts you have switched them on for, at the size you chose — transmits corresponding orders to your broker through credentials you supply.

We want to be exact about what we are not:

• We are not a broker, dealer, futures commission merchant, bank or custodian. We do not hold, receive or transmit your funds or positions. Your money stays with your broker throughout.
• We are not registered as a commodity trading advisor, investment adviser or broker-dealer with the U.S. Commodity Futures Trading Commission, the National Futures Association, the U.S. Securities and Exchange Commission, or any comparable authority.
• We do not provide personalised investment, trading, tax or legal advice. Nothing on the platform — including strategy descriptions, published statistics, the Portfolio Lab, documentation or anything said to you by our staff — is a recommendation that any strategy, instrument or position size is suitable for you. Information is impersonal and standardised: every user sees the same figures for the same strategy.
• We are not your fiduciary, agent or adviser, and no advisory or fiduciary relationship arises from your use of the service.
• We do not exercise discretion over your account. Every strategy that trades your account trades it because you switched it on, and stops when you switch it off.

You alone decide which strategies to run, on which accounts, at what size, and for how long. You should obtain independent professional advice before trading.

3. Your account

You must give accurate registration details and keep them current. Your account is personal to you: do not share your password, your session, or any webhook token issued to you, and do not let anyone else use your account. You are responsible for everything that happens under your account, including trades placed through it.

Anything sent to the platform with your webhook token is treated as your instruction. A signal from a strategy you connected — including a test alert, a mis-configured alert, or one fired by a chart you forgot about — can place a real trade on any account you have that strategy switched on for.

Keep your credentials secure and tell us immediately at support@penguinalgos.com if you suspect unauthorised access. We may suspend an account while we investigate a suspected compromise, and may require you to reset your password or disconnect a broker connection.

We may refuse registration, and may suspend or close an account, where we reasonably believe these Terms have been breached, where required by law, or where continued access presents a risk to you, to other users or to us.

4. Connecting a brokerage account

To trade, you connect one or more brokerage or proprietary-firm accounts. By connecting an account you authorise us to transmit orders to it automatically, on your behalf, for as long as you keep strategies switched on for that account. You may withdraw that authorisation at any time by pausing the account, switching strategies off, or disconnecting it.

Your relationship with your broker or prop firm is your own. We are not a party to it. You remain bound by their rules — including any rules about automated trading, copy trading, position limits, daily loss limits, drawdown limits, consistency requirements and permitted trading hours — and you are solely responsible for complying with them. A strategy that trades within our limits may still breach theirs.

Connecting an account means giving us the credentials your broker issues for it, and authorising us to sign in to your broker with them on your behalf — including, where that is how the broker's platform works, through an automated browser session that logs in exactly as you would. We store what is needed to keep the connection alive in encrypted form, and use it only to operate the service for you. We are not responsible for the acts, omissions, outages, rejections, margin decisions, liquidations or account closures of your broker or prop firm.

Trading a connected account yourself

While strategies are running on an account, the platform assumes it is the only thing trading it. If you, or your prop firm, trade or flatten that account by other means, the platform may attribute those contracts to a strategy, close them when that strategy exits, treat the change as a fault and halt the account, or leave the account in a state that neither you nor the strategies intended. We do our best to handle the common cases gracefully, as described in the documentation, but we are not responsible for the outcome of trading a connected account outside the platform.

You are responsible for keeping sufficient margin in a connected account. We do not monitor your margin and will not fund, top up or protect an account.

5. Risk disclosure

Trading futures and other leveraged instruments involves substantial risk of loss and is not suitable for everyone. Leverage works in both directions: a small move in the market can produce a large gain or a large loss relative to the capital in your account. You can lose your entire deposit, and in some circumstances you can lose more than you deposited and owe your broker the difference. Trade only with capital you can afford to lose entirely without affecting your financial security.

Automation does not reduce risk

Automated execution introduces its own risks in addition to market risk: software defects, signal-provider errors, network and platform outages, latency, missed or duplicated signals, rejected or partially filled orders, slippage between the signal price and your fill, gaps and limit moves, illiquidity, exchange halts, contract rollover, and failures at your broker. A strategy may behave in live conditions in ways its history does not suggest. Positions may be opened or closed at prices materially worse than expected, and a strategy may remain in a losing position through a market move. You should monitor your accounts.

Past and hypothetical performance

Past performance is not indicative of future results. Statistics we publish — including profit factor, Sharpe, Sortino and Calmar ratios, maximum drawdown, win rate, p‑values, trade counts and equity curves — are historical, are derived from the data and assumptions described alongside them, and will differ from your own results. Differences in fees, commissions, spreads, slippage, fill quality, position size, start date and connectivity all change the outcome. The Portfolio Lab combines historical trade records to illustrate how strategies would have interacted in the past; it is a modelling tool, not a prediction.

Position size

The number of contracts a strategy trades on your account is set by you, per account and per strategy, and applies from the next entry. Some strategies set their own position size and change it over time; for those, the number you enter multiplies whatever the strategy trades, and the platform says so where you set it. Micro contracts are one-tenth of the corresponding mini. Check what a strategy trades before you switch it on.

Paper accounts

Paper accounts simulate fills at the signal price and do not reflect the slippage, partial fills, rejections, queue position or funding costs of live trading. Paper results will overstate live results.

Proprietary-firm evaluations

Where you run strategies on an evaluation or funded account, we make no representation that any strategy will pass an evaluation, keep a funded account, or satisfy a firm's rules. Evaluation fees you pay to a prop firm are yours to lose.

6. Strategies, the Marketplace and your licence

Subject to these Terms and to payment of any applicable fees, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the strategies you have access to, solely to trade brokerage accounts that belong to you through the platform, for as long as your access lasts.

You must not, and must not permit anyone else to: copy, publish, redistribute, resell, sublicense, lease or share a strategy or its signals; use a strategy or its signals outside the platform, including to trade an account not connected through your own account; reverse engineer, decompile or attempt to derive the logic, parameters or source of a strategy; scrape or bulk-extract strategy data, statistics or trade histories; or circumvent any access, entitlement or licensing control.

Strategies may be modified, paused, archived or withdrawn — because a strategy is retired, because its behaviour has drifted, or at the author's request. We will not normally withdraw a strategy you are paying for without notice, but we may do so immediately where it is malfunctioning or where continuing to run it presents a risk.

Strategies published by other users

Some strategies are published by users other than us. For those, we are a venue, not the author. We do not originate them, and although the platform applies the same publication requirements to everyone, we do not independently audit, verify or endorse a third-party author's strategy, its described logic or its submitted track record. Listing is not a recommendation. Your recourse in respect of a third-party strategy is against its author, except where these Terms say otherwise.

Strategies you connect yourself

You may connect your own strategies through the Build page. Those are private to you: we route their signals to your accounts, and we show you their record, but we do not review, verify, test or endorse them, and their logic, their alert configuration and any history you upload are entirely your responsibility. Statistics shown for a strategy you connected are computed from what you gave us. The licence above does not apply to your own strategies; section 11 does.

7. Copy trading

Copy trading mirrors the positions of a leader account onto an account you choose, at a multiplier and cap you set. The leader may be one of your own accounts. Where the platform lets you follow an account that belongs to another user:

• The leader is not your adviser and owes you no duty. They do not know your circumstances, your account size or your risk tolerance, and they are trading their own account for their own reasons.
• The leader may change what they trade, trade at a different size, stop trading, or stop sharing, at any time and without notice to you.
• Your fills will differ from the leader's. You may enter and exit at materially different prices, and you may miss a move entirely.
• Positions the leader already holds when you are approved are not mirrored until they are flat on them, so your position may differ from theirs for some time.
• Sizing is yours. The multiplier and cap you set determine your exposure, and a multiplier suited to the leader's account may be entirely unsuited to yours.

If you share your own account as a leader, you are responsible for the accuracy of what you say about it, you must not make performance guarantees, and you must not solicit or accept compensation outside the platform for doing so.

8. Subscriptions, fees and billing

Access to paid strategies and features is sold as a subscription. Prices are shown before you buy, in U.S. dollars unless stated otherwise. Where we offer a strategy or a feature free of charge, the payment provisions below do not apply to it, and we may start charging for it in future on the notice described in section 19.

• Auto-renewal. Subscriptions renew automatically each billing period until cancelled. By subscribing you authorise us and our payment processor to charge your payment method on each renewal.
• Payment processing. Payments are handled by a third-party processor. We do not receive or store your full card details. Your use of the processor is subject to its own terms.
• Taxes. Prices exclude sales tax, VAT and similar taxes, which are added where applicable and shown before you confirm.
• Price changes. We may change prices. A change takes effect at your next renewal, and we will give you at least 30 days' notice by email beforehand. If you do not accept the change, cancel before it takes effect.
• Failed payments. If a payment fails we will retry it over a period of several weeks and tell you. If it is still unpaid at the end of that period, the subscription is cancelled and access ends as described in section 9.
• Cancellation. You may cancel at any time. Cancellation takes effect at the end of the period you have already paid for; you keep access until then.
• Refunds. Except where a refund is required by law, fees are non-refundable, and we do not give partial refunds for unused time, for periods in which you did not trade, or for trading losses. We may issue a refund at our discretion; doing so once does not oblige us to do so again.
• Chargebacks. If you dispute a charge with your card issuer rather than contacting us, we may suspend your account while the dispute is resolved.

Fees you pay us are for access to the platform and the strategies you subscribe to. They are not a fee for advice, and they are not contingent on your trading results. Fees charged by your broker or prop firm, including commissions, exchange fees, data fees and evaluation fees, are separate and are yours to pay.

9. When access ends, and open positions

When a subscription ends — because you cancelled, because payment ultimately failed, or because we suspended or terminated access — the affected strategies stop opening new positions for you.

Positions already open in your account are yours. Where we can, we wind a strategy down rather than cutting it off mid-trade: it continues to receive exit signals for positions it opened, and detaches once the account is flat. We do this because closing a live position without your instruction could itself cause you a loss. But we do not guarantee that any open position will be closed by us, at any particular time or price, and we are not responsible for positions left open in your account. You remain responsible for monitoring and closing them, directly with your broker if necessary.

You can close positions yourself at any time, through your broker or with the platform's own controls, whatever the state of your subscription.

10. Acceptable use

You must not: use the service unlawfully or for an unlawful purpose; attempt to gain unauthorised access to any part of the service, another user's account or our infrastructure; probe, scan or test the security of the service except under a written agreement with us; interfere with or place undue load on the service; use bots, scrapers or automated means to extract data beyond the interfaces we provide; resell, redistribute or commercially exploit the service or its signals; impersonate anyone; publish false or misleading performance claims; or help anyone else do any of these things.

You must not use the service to manipulate a market, to trade on material non-public information, or in breach of the rules of any exchange or trading venue.

11. Content and strategies you publish

You keep ownership of strategies, trade histories, descriptions, images and other material you submit. You grant us a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, adapt for display and — where you choose to publish it — display that material, for as long as needed to operate the service.

You warrant that you own or are licensed to submit what you submit, that it does not infringe anyone's rights, and that any performance record you publish is genuine, complete for the period it claims to cover, and not selectively edited to flatter the result. We may remove material that breaches these Terms, that we reasonably believe to be misleading, or that we are required to remove.

12. Our intellectual property

The platform, its software, interfaces, documentation, branding and the strategies we author remain our property or that of our licensors. These Terms grant you a licence to use the service, not any ownership of it. You may not use our name or marks without our written permission. Feedback you give us may be used freely and without obligation.

13. Privacy and your data

To operate the service we store your email address, authentication data, encrypted brokerage credentials, the accounts and strategies you configure, the signals and orders that pass through your account, and the resulting trade records. We use them to run the service, to support you, to detect abuse and to meet our legal obligations.

We do not sell your personal data. We share it with service providers who help us run the platform — hosting, payment processing, email delivery — under obligations of confidentiality, and where required by law. Our Privacy Policy sets out in full what we collect, why, who we share it with, how long we keep it, how it is protected and the choices you have. It forms part of these Terms, and you accept it when you create an account; this section is a summary of it.

We keep trade, order and audit records after you close your account, because they are the record of what was done in your name and we may need them to meet legal obligations or to resolve a dispute. Closing your account disconnects your broker accounts and stops trading; it does not erase that history.

We send service emails: verification and password codes, security notices, notices of changes to these Terms, and a summary of your strategies' activity where you have enabled strategies. We do not send marketing email without your consent. The site uses cookies only to keep you signed in and to remember your display preferences, such as theme and timezone.

You remain responsible for the security of your own credentials. See section 3.

14. Availability, halts and no guarantee of execution

We aim to keep the service running and to place the orders your configuration calls for, but we do not guarantee that the service will be available, uninterrupted or error-free, or that any particular signal will be received, processed, transmitted, accepted or filled. Maintenance, deployments, third-party outages, connectivity failures and faults may interrupt the service at any time, including while you hold a position.

The platform contains safety mechanisms that may halt trading on an account — for example where the position we believe an account holds does not match what the broker reports, where a broker reports an account as inactive, or where an order is rejected. A halt stops further automated trading on that account until it is resolved. These mechanisms exist to prevent a bad situation becoming worse, and they may stop a strategy from taking a trade that would have been profitable. We may also suspend trading platform-wide where we reasonably believe it is necessary to protect users.

Signals come from third parties

Strategy signals reach us as alerts from third-party charting services such as TradingView, over the public internet. Those services may deliver an alert late, more than once, or not at all, and we have no control over that. To protect you, the platform declines to act on an entry signal that arrives too long after it was generated, because the price it was meant for has moved on; an exit signal is acted on however late it arrives, unless a newer signal for the same strategy has already superseded it. A late or missing signal can therefore leave a trade untaken, or a position open longer than the strategy intended.

Early access

The service is in early access. Features may be added, changed or removed; paper-account data may be reset; and we make no service-level commitment. Where a change would materially reduce something you are paying for, section 19 applies.

15. Disclaimer of warranties

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

16. Limitation of liability

These limits apply even if a remedy fails of its essential purpose. They do not exclude liability that cannot lawfully be excluded, including for our fraud, or for death or personal injury caused by our negligence. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

You acknowledge that the fees we charge reflect this allocation of risk, and that we would not provide the service on these terms without it.

17. Indemnification

You will indemnify and hold harmless PenguinAlgos and its officers, employees and contractors against any claim, liability, loss and reasonable expense (including legal fees) arising out of your use of the service, your breach of these Terms, your breach of your broker's or prop firm's rules, material you publish, or your violation of any law or third-party right.

18. Term and termination

These Terms apply for as long as you have an account. You may stop using the service and close your account at any time. We may suspend or terminate your access, with notice where practicable and immediately where necessary, if you breach these Terms, if we are required to by law, or if continuing to provide the service presents an unacceptable risk.

If you deactivate your account, your sessions end, your broker connections stop receiving signals, and section 9 applies to any open positions. On termination your licence ends and section 9 applies to any open positions. Sections that by their nature should survive — including sections 5, 11, 12, 15, 16, 17, 20 and 21 — survive termination.

19. Changes to these Terms

We may update these Terms. The version and effective date at the top of this page change whenever we do.

For minor changes — corrections, clarifications, or terms covering a new feature — we will post the updated Terms, and continuing to use the service after they take effect means you accept them.

For material changes — including changes to fees, to the limitation of liability, to how disputes are resolved, or to how we use your data — we will give you at least 30 days' notice by email and in the platform before they take effect, and we may require you to accept the updated Terms before you continue using the service. If you do not accept them, you may cancel any subscription before they take effect and stop using the service; the previous Terms continue to apply to you until then.

We will not apply a material change retroactively to a dispute that arose before it took effect.

20. Governing law and dispute resolution

These Terms are governed by the laws of [State], [Country], without regard to its conflict-of-laws rules.

Talk to us first

Before starting formal proceedings, please contact us at support@penguinalgos.com and give us 30 days to resolve the matter informally. Most disputes can be settled that way.

Arbitration and class waiver

If we cannot resolve a dispute informally, you and we agree that it will be resolved by final and binding individual arbitration administered by [arbitral body, e.g. AAA or JAMS] under its rules then in force, seated in [County, State], rather than in court. You and we each waive the right to a jury trial and the right to participate in a class or representative action. Either party may bring an individual claim in small-claims court instead, and either party may seek injunctive relief in court to protect intellectual property or prevent unauthorised access.

You may opt out of this arbitration agreement by emailing support@penguinalgos.com within 30 days of first accepting these Terms, stating your name, the email on your account, and that you opt out of arbitration. Opting out does not affect anything else in these Terms. If the class waiver is held unenforceable, this arbitration section does not apply to that dispute.

Nothing here prevents you from reporting a concern to a regulator.

21. General

These Terms, together with our Privacy Policy and any terms presented at the point of purchase, are the entire agreement between us about the service, and replace any earlier understanding. If a provision is held unenforceable, the rest stays in force and the unenforceable part is limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger or sale of the business. Neither party is liable for failure to perform caused by events beyond its reasonable control. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.

Notices to you may be sent to the email on your account. Notices to us must be sent to support@penguinalgos.com and, where these Terms require written notice, also to [notice address].

Questions about these Terms: support@penguinalgos.com.