SALES

By purchasing a Subscription, you agree to an initial and recurring Subscription fee at the then-current Subscription rate. You accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time. 

All products are for your sole personal use only and must not be shared or used for any commercial purpose whatosoever. We reserve the right to decline any sale without stating a reason. 

All sale are final. There are no refunds for any remaining pre-paid period. We do not offer free trials. 

We strongly advise subscribing and using our products to make sure they meet your requirements before purchasing a lifetime license. There are no refunds for lifetime license purchases. 

For Optimal Ninja Quartz, we endeavour to make the install files and associated User Guide(s) available to you for download and to activate your license within 24 hours of making payment. However, this not guaranteed. 

Other products are available for immediate download. We endeavour to activate your license within 8 hours of making payment. However, this is not guaranteed.

WARRANTY

We encourage pre-sales questions. However, all products are provided on an “as is” basis and no warranties, claims or representations of any kind are given or implied by Optimal Ninja as to performance, reliability or suitability of our products for any task. Although we test our products extensively before release, we do not warrant that any product is bug-free. 

SUITABILITY

Optimal Ninja Quartz runs on ES and MES markets only. The Quartz indicators are designed for use only with Optimal Ninja Snap ES Bars which are fixed at 12 ticks. We do not offer technical support for their use on other bar types or bar sizes.

Optimal Orderflow Pack is not suitable for ES/MES or NQ/MNQ markets or spot forex. We do not offer technical support on such usage. 

It is your responsibility to ensure that our products are compatible with your intended market. If in doubt, please contact us. 

LIABILITY

Intraday trading of futures markets is a highly demanding arena. Even with the best tools we cannot, and do not, warrant that you will be net profitable. You can lose money. Nothing in the software, user guides, website, or any promotional material should be construed as an inducement or instruction to take any course of action. You are wholly responsible for your trades at all times. Always use sensible risk management that reflects the size of your trading account and financial circumstances.

Unless stated otherwise, all trading examples are hypothetical and exclude slippage and costs. Past performance is not necessarily a guide to future returns. You acknowldge that you have read the general risk disclosure at the footer of this website. 

All products are used solely at your risk. In no event shall Optimal Ninja be liable for damages of any kind which might arise from the use of our products. In no event shall Optimal Ninja, its directors, employees or agents be liable for any financial losses or costs of any kind from the use of our software. This includes, but is not limited to, lost profits, lost revenue, and lost data. 

IP AND COPYRIGHT

Unless otherwise indicated, all source code, software, functionality, website design, text, video and audio, and the trademarks, service marks, and logos contained therein, are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and other intellectual property rights and unfair competition laws.

No part of the website may be copied, reproduced, republished, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsover  without our express prior written permission.

Optimal Ninja software and associated materials are supplied to you, the customer, for your personal, non-commercial use via the granting of a license, not a transfer of title. Under this license, you may not: 

1. modify or copy any materials;

2. use the materials for any commercial purpose whatsoever

3. attempt to decompile or reverse engineer the software

4. remove any copyright or other proprietary information from the materials

5. transfer the materials to, or share with, another person

6. “mirror” the materials on any other server

This license shall automatically terminate if you violate any of these restrictions. 

LINKS TO OTHER WEBSITES

The website and associated materials may contain links to third party web sites or services that are not owned or controlled by Optimal Ninja.

Optimal Ninja has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Optimal Ninja shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

DATA PROTECTION (GDPR)

Optimal Ninja have a consistent level of data protection and security across our organisation.

Information Audit -carrying out a company-wide information audit to identify and assess what personal information we hold, where it comes from, how and why it is processed and if and to whom it is disclosed.

Data Protection –our main policy and procedure document for data protection

Data Retention & Erasure –personal information is stored, archived and destroyed compliantly and ethically. We have dedicated erasure procedures in place to meet the ‘Right to Erasure’ obligation along with any exemptions, response timeframes and notification responsibilities.

Data Breaches –our breach procedures ensure that we have safeguards and measures in place to identify, assess, investigate and report any personal data breach at the earliest possible time.

International Data Transfers & Third-Party Disclosures – where Optimal Ninja stores or transfers personal information outside the EU, we have robust procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of the data. 

Subject Access Request (SAR) –SAR procedures to accommodate the 30-day timeframe for providing the requested information and for making this provision free of charge.

Privacy Notice/Policy –Privacy Notice(s) to comply with the GDPR, ensuring that all individuals whose personal information we process have been informed of why we need it, how it is used, what their rights are, who the information is disclosed to and what safeguarding measures are in place to protect their information.

Obtaining Consent -consent mechanisms for obtaining personal data, ensuring that individuals understand what they are providing, why and how we use it and giving clear, defined ways to consent to us processing their information. 

Direct Marketing -we disclose any direct marketing activities, including clear opt-in mechanisms for marketing subscriptions; a clear notice and method for opting out and providing unsubscribe features on all subsequent marketing materials.

Processor Agreements –where we use any third-party to process personal information on our behalf we have compliant Processor Agreements and due diligence procedures for ensuring that they are satisfied. These measures include initial and ongoing reviews of the service provided.

Data Subject Rights

In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, we provide easy to access information via email of an individual’s right to access any personal information that Optimal Ninja processes about them and to request information about: 

What personal data we hold about them

The purposes of the processing

The categories of personal data concerned

The recipients to whom the personal data has/will be disclosed

How long we intend to store your personal data for

If we did not collect the data directly from them, information about the source

The right to have incomplete or inaccurate data about them corrected or completed and the process for requesting this

The right to request erasure of personal data (where applicable) or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use

The right to lodge a complaint or seek judicial remedy and who to contact in such instances

Information Security & Technical and Organisational Measures

Optimal Ninja takes the privacy and security of individuals and their personal information very seriously and take every reasonable measure and precaution to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures.

JURISDICTION

Any dispute which may arise between the parties out of, or in connection with, these Terms and Conditions shall be governed by the jurisdiction of the courts of a country of our choice.