Terms of Service

By accessing or using any Luna Peak Software product, website, or customer portal (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not access or use the Services.

These Terms apply to all visitors, customers, and licensees. Luna Peak Software ("we," "our," or "us") reserves the right to update these Terms at any time. Continued use of the Services after any change constitutes acceptance of the revised Terms.

Luna Peak Software grants you a limited, non-exclusive, non-transferable, revocable license to use the purchased software product ("Product") solely for your own personal or commercial trading activities, subject to these Terms.

You are purchasing the right to use the software, not ownership of the software or its underlying source code. This license does not grant any intellectual property rights beyond those explicitly stated herein.

Hardware binding: Each license is tied to a unique hardware fingerprint of the machine on which it is activated. A license may only be active on one machine at a time. License resets are permitted on a limited basis through the customer portal, subject to our reset policy. Attempts to circumvent hardware binding or to activate a license on multiple machines simultaneously constitute a material breach of these Terms and will result in license suspension or termination without refund.

Licenses may not be transferred, shared, sublicensed, or resold without express written consent from Luna Peak Software. Doing so without authorization voids the license.

You may use our Products solely for lawful trading and market analysis activities. You may not:

• Reverse engineer, decompile, disassemble, or attempt to derive source code from any Product
• Copy, modify, adapt, or create derivative works based on any Product
• Distribute, sell, sublicense, rent, or lease any Product to third parties
• Use any Product in violation of applicable laws or trading platform terms of service
• Attempt to circumvent license enforcement, hardware binding, or activation mechanisms
• Use automation or scripts to abuse the customer portal, reset system, or support system

Access to the Luna Peak customer portal requires account activation using the email address associated with your purchase. You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account.

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, file fraudulent chargebacks, or attempt to abuse the license reset system.

All prices are listed in USD. Purchases are processed through Stripe, Inc. By completing a purchase, you authorize the charge to your selected payment method and you acknowledge that you have read and agree to our Refund Policy and our Terms of Purchase & Digital License Agreement, which are incorporated into these Terms by reference.

You acknowledge that you provided informed billing consent at the time of checkout, including explicit individual acknowledgment of digital delivery, the no-refund policy, trading result disclaimers, compatibility responsibilities, and the dispute process. We reserve the right to change pricing at any time; price changes do not affect existing active licenses.

IMPORTANT: NOT FINANCIAL ADVICE

Luna Peak Software products are software tools designed to assist with trade execution, automation, and monitoring on NinjaTrader 8.

We are not a registered investment advisor, broker-dealer, or financial institution. Nothing on our website, in our products, or in our communications constitutes financial advice, investment advice, trading advice, or a recommendation to buy or sell any security, currency, or financial instrument.

Trading involves substantial risk of loss. Past performance of any trading strategy or tool does not guarantee future results. You are solely responsible for your trading decisions. Luna Peak Software is not liable for any trading losses incurred while using our Products.

All Products, source code, documentation, trademarks, logos, and related materials are the exclusive intellectual property of Luna Peak Software. Nothing in these Terms grants you any rights to our intellectual property beyond the limited license to use the software as described herein.

Our Products are provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Products will meet your specific requirements, be uninterrupted, error-free, or compatible with all trading platform versions or configurations.

We make no warranty, express or implied, regarding the performance, profitability, or fitness for a particular purpose of any Product.

TO THE FULLEST EXTENT PERMITTED BY LAW, LUNA PEAK SOFTWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO TRADING LOSSES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Participation in the Luna Peak Software Affiliate Program is governed by the separate Affiliate Agreement, which is incorporated into these Terms by reference. Luna Peak Software reserves the right to modify or terminate the Affiliate Program at any time and to remove any affiliate at its sole discretion. Affiliate commission rates, payout schedules, and eligible payout methods may change at any time with reasonable notice distributed via the affiliate portal and by email.

These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. Any disputes shall first be attempted to be resolved informally by contacting us at support via the portal. If informal resolution fails, disputes shall be resolved through binding arbitration or in a court of competent jurisdiction in New Jersey, at our sole discretion.

You waive any right to participate in a class-action lawsuit or class-wide arbitration against Luna Peak Software.

If you have questions about these Terms, please contact us through the support page or log into your customer portal.