TERMS OF SERVICE

Last updated: October 2, 2026

1. Introduction and Acceptance

1.1 These Terms of Service ("Terms") are a binding agreement between you and Chart Prime Trading, LLC, a South Dakota limited liability company with its principal place of business at 41 W Hwy 14, #943, Spearfish, South Dakota 57783 ("Chart Prime," "Company," "we," "us," or "our"). They govern your access to and use of chartprime.com and its sub-domains, our trading indicators, screeners, and other tools, our TradingView scripts, our Discord server and community, and all related features, content, and subscription offerings (together, the "Services"). You and Chart Prime are each a "Party" and together the "Parties."

1.2 By creating an account, purchasing a subscription, or otherwise accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you use the Services on behalf of an entity, you confirm that you have authority to bind that entity, and "you" includes that entity. If you do not agree to these Terms, do not access or use the Services.

1.3 PLEASE READ SECTION 20 CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN YOU AND CHART PRIME TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, AND EXPLAINS HOW YOU CAN OPT OUT.

1.4 Our Privacy Policy, which explains how we collect, use, and share personal information, and our Refund and Cancellation Policy form part of these Terms.

2. Not Financial Advice; Trading Risk

2.1 Chart Prime provides software tools and educational content. Chart Prime is not registered as an investment adviser, broker-dealer, commodity trading advisor, or financial planner, and neither Chart Prime nor its team members hold any license or qualification to give financial advice. Nothing provided through the Services, including indicators, signals, alerts, screeners, Discord content, educational material, or communications from our team, is a recommendation to buy, sell, or hold any security, commodity, cryptocurrency, or other financial instrument, or personalized advice suited to your circumstances. All of it is provided for informational and educational purposes only.

2.2 Trading in financial markets involves substantial risk, including the risk of losing more than you invest. Markets are volatile and unpredictable, and the value of positions can change dramatically.

2.3 Chart Prime does not represent, warrant, or guarantee that use of the Services will result in profitable or successful trading. The effectiveness of any tool depends on market conditions, your execution, and many other factors outside our control. Past, backtested, or hypothetical performance is not indicative of future results, and hypothetical results have inherent limitations, including that they are prepared with the benefit of hindsight and do not reflect actual trading.

2.4 You are solely responsible for your trading and investment decisions and their outcomes. The Services should not be the sole basis for any decision. We encourage you to do your own research and to seek advice from a qualified, licensed professional before trading.

3. Eligibility

You must be at least 18 years old, or the age of majority where you live if that is older, and able to form a binding contract to use the Services. You may not use the Services if you are located in, or ordinarily resident in, a country or region subject to comprehensive U.S. sanctions, or if you are named on any U.S. government list of restricted or prohibited parties.

4. Plans and Services

4.1 Service offerings. We offer trading indicators and tools, including Prime Screener, Prime Oscillators Pro, Market Oracle Pro, Market Dynamics Pro, and other products we make available from time to time. Many of our tools are delivered through third-party platforms, principally TradingView, and our community and support services are provided through Discord.

4.2 Special and limited-time offers. We sometimes work with influencers and affiliates to offer bonuses, such as indicators available only through a specific affiliate link, and we may offer promotions such as lifetime access plans. Whatever plan you choose, whether a standard subscription, an affiliate-linked offer, or a lifetime plan, these Terms apply to it.

4.3 Changes to the Services. We may add, modify, or discontinue features, indicators, or other parts of the Services at any time. If we discontinue a subscription product entirely, we will give you reasonable notice and you may cancel your subscription.

5. Accounts

5.1 Registration. To use most of the Services you must create an account. You must provide accurate, current, and complete information and keep it up to date.

5.2 Security. You must keep your password confidential and are responsible for all activity under your account. Tell us immediately at the address in Section 27 if you suspect unauthorized use of your account or any other security breach. We are not liable for any loss caused by your failure to keep your account secure.

5.3 Verification. We may ask you to complete additional verification, such as email or phone verification, to protect the security and integrity of the Services, and you agree to cooperate with reasonable verification requests.

5.4 Personal use. Each account is for one person. You may not create an account using false information or impersonate any person or entity.

5.5 Our rights. We may refuse to create an account, or suspend or close an account, in accordance with Section 19, including where we suspect fraud, abuse, or a breach of these Terms.

6. TradingView Access

6.1 Many of our indicators are delivered as invite-only scripts on TradingView. We grant access to the TradingView username you give us. You need your own TradingView account, and you are responsible for any TradingView fees and for complying with TradingView's terms.

6.2 You must give us your correct TradingView username. We are not responsible for delays or loss of access caused by an incorrect username.

6.3 Your TradingView access depends on your subscription being active. Access is removed automatically when your subscription ends, a cancellation takes effect, a payment fails and is not resolved, or a payment is refunded or charged back.

6.4 Access is granted to one TradingView username per subscription unless your plan states otherwise, and may not be transferred or shared.

6.5 TradingView is a third party. We do not control its availability, features, or policies, and we are not responsible for any interruption to your access caused by TradingView.

7. Discord Community and Role Access

7.1 Our server. We operate a Discord server for community discussion, support, and subscriber-only channels. Access to subscriber-only channels is controlled by server roles, which are assigned and removed automatically by our Role Updater bot.

7.2 Linking your account. To receive subscriber roles, you must link your Discord account to your Chart Prime account through Discord's authorization screen. By linking your account, you authorize us to receive your Discord user ID and username and to assign and remove roles for your Discord account in our server, as described in our Privacy Policy.

7.3 Roles follow your subscription. Subscriber roles are assigned while your subscription is active and are removed automatically when your subscription ends, a cancellation takes effect, a payment fails and is not resolved, or a payment is refunded or charged back. Roles are a feature of your subscription, not a separate purchase, and give you no rights beyond access to the relevant channels while your subscription is active.

7.4 One account per subscription. You may link only one Discord account to each subscription, and only an account that you own and control. You may not transfer, sell, lend, or share subscriber roles, or use alternate Discord accounts to obtain or keep roles.

7.5 Community rules. When using our server you must follow Discord's Terms of Service and Community Guidelines, these Terms, and any rules posted in the server. We may remove content, mute, remove, or ban any user who breaks these rules, at our discretion. Removal from the server for breaking these rules does not entitle you to a refund, except where the law requires one.

7.6 Leaving the server and unlinking. You may leave our Discord server at any time, and you may ask us to unlink your Discord account by contacting us at the address in Section 27. Neither leaving the server nor unlinking cancels your subscription. To stop being billed, you must cancel your subscription as described in Section 8.3.

7.7 Member content. Content posted by other members reflects their own views. We do not verify or endorse it, and it is not financial advice. You must not post another person's personal information without their consent.

7.8 Discord is a third party. We do not control Discord's availability, features, or policies, and we are not responsible for any interruption to the server caused by Discord.

8. Payment Terms

8.1 Plans and prices. We offer subscriptions billed monthly, quarterly, or yearly, and from time to time lifetime plans for a one-time payment. Prices are shown at checkout. You are responsible for any applicable taxes.

8.2 Automatic renewal. SUBSCRIPTIONS RENEW AUTOMATICALLY AT THE END OF EACH BILLING PERIOD FOR THE SAME PERIOD, AND WE WILL CHARGE THE THEN-CURRENT PRICE TO YOUR PAYMENT METHOD ON FILE, UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. Each subscription is billed in advance, and each billing period starts on the date your subscription began or last renewed.

8.3 How to cancel. You can cancel your subscription at any time by emailing support@chartprime.com from the email address on your account, with the subject line "Cancel Subscription." No other information or reason is required. We will confirm your cancellation by email. Cancellation takes effect at the end of your current billing period. You keep access until then, and you will not be charged again.

8.4 Price changes. We may change subscription prices. We will notify you at least 30 days before a price change applies to your subscription, and it will apply from your next renewal after that notice period. If you do not want to pay the new price, you may cancel before it takes effect.

8.5 Plan changes. If you change your subscription plan, the change takes effect from your next billing period.

8.6 Lifetime plans. A lifetime plan is a one-time payment for access to the products included in that plan. Lifetime access means access for as long as Chart Prime, or any successor to whom these Terms are assigned under Section 23, continues to make those products available through the Services; it does not refer to the lifetime of the purchaser. A lifetime plan does not include products launched after your purchase unless we say so when you buy. Because of the nature of the access provided, lifetime plans are generally non-refundable, as set out in our Refund and Cancellation Policy. This Section 8.6 applies to lifetime plans purchased on or after the "Last updated" date above. Lifetime plans purchased before that date continue to be governed by the terms in effect when they were purchased.

8.7 Payment processing. Payments are processed by our third-party payment processors, currently Stripe and PayPal, and subscriptions are managed through Chargebee. You authorize us and our processors to charge your payment method for all fees due, including renewals.

8.8 Failed payments. If a payment fails, we or our processors may retry the charge, and we may suspend your access to the Services, including TradingView access and Discord roles, until the payment is made.

8.9 Chargebacks. Please contact us before disputing a charge with your bank or card issuer. If you dispute a valid charge, we may suspend or close your account while the dispute is resolved.

8.10 Coupons and discounts. Unless stated otherwise, coupons apply only to the first invoice of a new subscription. A coupon used on a monthly, quarterly, or yearly plan reduces the first monthly, quarterly, or yearly payment respectively.

9. Refunds and Cancellation

9.1 Our Refund and Cancellation Policy sets out when refunds are available, the timeframes, and how to request one. Please read it before you buy.

9.2 When a cancellation takes effect at the end of your billing period, your access to the Services ends and you will not be billed again. Lifetime plans are generally non-refundable, as described in Section 8.6.

9.3 We may change the Refund and Cancellation Policy by posting an updated version on our website. Changes apply to purchases made after the updated policy is posted.

10. Third-Party Services

10.1 The Services rely on third-party services, including TradingView (to host our indicators), Discord (for community and support), Stripe and PayPal (to process payments), Chargebee (to manage subscriptions and billing), Google Analytics (to understand website use), and Google Ads, Meta, and TikTok (for advertising). We may change the third-party services we use at any time.

10.2 By using the Services, you agree that we may share the information needed for these services to work, as described in our Privacy Policy.

10.3 We choose reputable providers, but we are not responsible for any issue, data loss, or interruption caused by a third-party service, and we cannot guarantee their performance or availability. Your use of a third-party service may be subject to that provider's own terms.

11. Acceptable Use

11.1 You must use the Services in compliance with all applicable laws and regulations, including those relating to online conduct, privacy, financial markets, and trading.

11.2 You must not:

  • use the Services for any unlawful purpose, including fraud or any other criminal activity;
  • share, resell, or redistribute the benefits of your subscription with anyone who has not paid for them, including by sharing your account credentials, TradingView access, or Discord roles, or by copying or republishing subscriber-only indicators or content;
  • reverse-engineer, decompile, copy, replicate, or attempt to extract the source code or logic of our indicators or algorithms, except to the extent the law expressly permits despite this restriction;
  • infringe anyone's intellectual property or other rights;
  • harass, bully, threaten, intimidate, defame, or abuse any person, or post content that is violent, pornographic, discriminatory, or otherwise offensive, as determined by us;
  • impersonate any person or entity or misrepresent your affiliation with any person or entity;
  • send spam, chain letters, unsolicited promotions, or pyramid schemes, or distribute viruses, malware, or other harmful code, or engage in phishing;
  • interfere with or disrupt the Services or the servers and networks connected to them, or attempt to gain unauthorized access to any part of the Services;
  • bypass or attempt to bypass any measure we use to restrict access to the Services or to particular features;
  • use bots, scrapers, self-bots, or other automated tools to access, scrape, or collect data from the Services or our Discord server without our written permission;
  • use the Services in a way that, in our judgment, places an excessive load on them or harms their performance for other users;
  • use the Services to engage in or promote market manipulation, insider trading, or any other practice that breaches financial or trading regulations; or
  • make false or misleading claims about potential earnings or results from using the Services, including any claim that success is guaranteed.

11.3 If you breach this Section 11, we may suspend or close your account under Section 19 and take legal action where appropriate.

12. Intellectual Property

12.1 Ownership. The Services and all content in them, including indicators, algorithms, software, text, graphics, logos, images, audio, video, and data compilations, are owned by Chart Prime or its licensors and are protected by copyright, trademark, trade secret, and other laws.

12.2 Your license. Subject to these Terms and to payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your own personal, non-commercial use. This license does not permit resale, commercial use, distribution, or modification of any part of the Services.

12.3 Trademarks. Chart Prime, its logo, and our product names, designs, and slogans are trademarks of Chart Prime or its affiliates or licensors. You may not use them without our prior written permission. Other names and logos on the Services belong to their respective owners.

12.4 Your content. You keep ownership of content you post in our Discord server or elsewhere on the Services. You grant us a worldwide, non-exclusive, royalty-free license to host, store, display, and reproduce that content as needed to operate the Services and to moderate our community.

12.5 Feedback. If you send us ideas or suggestions about the Services, we may use them without any obligation to you.

12.6 Infringement claims. If you believe content on the Services infringes your intellectual property rights, send us a notice at the address in Section 27 identifying the work, the material you believe infringes it, where it appears, your contact details, a statement that you have a good-faith belief the use is not authorized, and a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner.

12.7 Termination of license. Your license ends automatically if you breach these Terms or your access ends, and you must then stop using the Services.

13. Exchange Market Data

13.1 Source and ownership. The Services make available market data originating from Chicago Mercantile Exchange Inc. and its affiliated exchanges (CME, CBOT, COMEX and NYMEX) (together, "CME Group"), together with data from other exchanges and sources. All right, title and interest in exchange data, including all intellectual property rights, remains with the originating exchange and its licensors. Nothing in these Terms transfers any ownership in that data to you.

13.2 Your license. Subject to your continued compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use exchange data made available through the Services, solely for your own personal or private use in managing your own assets.

13.3 Restrictions. You may not:

  • redistribute, retransmit, republish, sell, license or otherwise make exchange data available to any third party, in whole or in part, in any form;
  • use exchange data to manage assets belonging to any third party in any capacity, including proprietary or funded trading firm accounts, managed accounts, or accounts held by family members or others;
  • use exchange data in any automated or semi-automated trading system, or for any non-display purpose, except as expressly enabled by us for your account and permitted by the originating exchange;
  • store, warehouse or build a database of exchange data beyond what is incidental to your use of the Services; or
  • use exchange data to create any derivative index, benchmark, valuation, or product.

13.4 Eligibility and certification. Access to real-time exchange data requires that you qualify as a Non-Professional Subscriber under the originating exchange's rules and that you complete and maintain an accurate eligibility certification with us. You must notify us promptly if your circumstances change such that your certification is no longer accurate. We may verify your status at any time. If you do not qualify, or your certification is inaccurate or not maintained, we may withdraw real-time data and provide delayed data instead, or suspend data access.

13.5 Reporting and audit. You acknowledge that we are required to report to exchanges the number of users entitled to access their data, and that exchanges may audit compliance. You agree that we may disclose your certification and entitlement records to an exchange for that purpose, and you agree to cooperate with any such audit.

13.6 Exchange terms. Your access to CME Group data is additionally governed by the CME Group Subscriber Addendum, which is incorporated into these Terms by reference and available at https://www.cmegroup.com/market-data/files/ILA-Subscriber-Addendum.pdf. Where the Subscriber Addendum conflicts with these Terms in respect of CME Group data, the Subscriber Addendum governs. CME Group may amend the Subscriber Addendum; we will notify you of changes.

13.7 No warranty. Exchange data is provided "as is." Neither we nor any exchange or its licensors warrants the accuracy, completeness, timeliness or availability of exchange data, and none of them is liable for any loss arising from any error, delay, omission or interruption in it, or from any action you take in reliance on it.

13.8 Third-party beneficiary. CME Group is a third-party beneficiary of this Section 13 and may enforce it directly against you.

13.9 Survival and termination. This Section 13 survives termination of your account. On termination you must cease all use of exchange data obtained through the Services.

14. Privacy

Our Privacy Policy explains how we collect, use, share, and protect personal information, including information we receive from TradingView and Discord, and the rights you have. Please read it carefully.

15. Disclaimer of Warranties

15.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, CHART PRIME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR ANY INFORMATION IN THEM.

15.2 We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that any indicator or information will be accurate. Market data, system performance, and third-party platforms such as TradingView and Discord can all affect the Services.

15.3 Your use of the Services, including any decision you make based on our indicators or other content, is at your sole risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

16. Limitation of Liability

16.1 TO THE FULLEST EXTENT PERMITTED BY LAW, CHART PRIME AND ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AND LICENSORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, TRADING LOSSES, LOSS OF DATA, USE, OR GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

  • your use of, or inability to use, the Services, including any interruption caused by TradingView, Discord, or another third-party platform;
  • any trading or investment decision you make, or your reliance on any information or content in the Services;
  • the conduct or content of any third party, including other members of our community, advertisers, or linked websites;
  • any unauthorized access to or alteration of your transmissions or data; or
  • any bugs, viruses, errors, or omissions in the Services or any content.

16.2 TO THE FULLEST EXTENT PERMITTED BY LAW, CHART PRIME'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID CHART PRIME FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US$100).

16.3 These limitations apply whatever the legal theory, and even if we were told such damages were possible. They do not limit liability that cannot be limited under applicable law, including liability for fraud or for our gross negligence or wilful misconduct. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

17. Indemnification

17.1 You agree to indemnify, defend, and hold harmless Chart Prime and its affiliates, and their respective members, managers, officers, employees, contractors, agents, licensors, and suppliers, from and against all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your breach of these Terms, your misuse of the Services, your content, or your violation of any law or the rights of any third party, including where any of these is done by anyone using your account.

17.2 You do not have to indemnify any party to the extent a claim results from that party's own gross negligence or wilful misconduct.

17.3 We may assume the exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate with our defense. You may not settle any such matter without our written consent.

18. Third-Party Links

The Services may contain links to third-party websites and resources. We provide them for convenience only. Their inclusion does not mean we endorse, sponsor, or control them, and we are not responsible for their content, products, services, or privacy practices, or for any loss arising from your use of them. You use third-party websites at your own risk and subject to their own terms.

19. Termination and Suspension

19.1 By you. You may stop using the Services at any time, and you may cancel your subscription as described in Section 8.3.

19.2 By us. We may suspend or terminate your account or your access to all or part of the Services, with or without notice, if you breach these Terms, if we reasonably suspect fraud, abuse, or illegal activity, if required by law, or if we discontinue the Services. Where you have not breached these Terms and we terminate a paid subscription for our own convenience, we will refund the unused portion of any prepaid subscription fee.

19.3 Effect of termination. When your access ends, your right to use the Services, including TradingView access and Discord roles, ends immediately. We may delete or retain your account data in accordance with our Privacy Policy and applicable law.

19.4 Reinstatement. We may, at our discretion, offer to reinstate a suspended or terminated account, which may require you to correct the conduct that led to the suspension or meet other conditions.

19.5 Survival. Any provision of these Terms that by its nature should survive termination will survive, including Sections 2, 8.6, 11, 12, 13, 15, 16, 17, 20, 21, 23, and 26.

20. Dispute Resolution and Arbitration

20.1 Informal resolution first. Before starting arbitration or a court case, the Party bringing a claim must send the other Party a written notice describing the claim and the relief sought. Notices to Chart Prime must be sent by email to the address in Section 27. Notices to you will be sent to the email address on your account. The Parties will try in good faith to resolve the dispute informally for 30 days after the notice is received. The Parties may also agree to mediation during that period.

20.2 Agreement to arbitrate. If the dispute is not resolved informally, you and Chart Prime agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration on an individual basis, except as set out in Section 20.6. The Federal Arbitration Act governs the interpretation and enforcement of this Section 20.

20.3 Rules and administrator. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules if you are an individual using the Services for personal purposes, and otherwise under its Commercial Arbitration Rules, as in effect when the arbitration is started. The AAA rules are available at www.adr.org. A single arbitrator will decide the dispute and may award any individual relief that a court could award. Judgment on the award may be entered in any court with jurisdiction.

20.4 Hearings. Unless the arbitrator decides that an in-person hearing is needed, the arbitration will be conducted by videoconference or on written submissions. Any in-person hearing will take place in the county where you live or in Lawrence County, South Dakota, at your choice.

20.5 Fees. Payment of filing, administration, and arbitrator fees will be governed by the AAA rules, under which Chart Prime will pay the fees the rules require a business to pay in consumer disputes. Each Party bears its own attorneys' fees unless the arbitrator awards them under applicable law.

20.6 Exceptions. Either Party may bring an individual claim in small claims court if it qualifies. Either Party may also ask a court for an injunction or other equitable relief to stop the infringement or misappropriation of its intellectual property or the unauthorized access to or use of the Services, without first going through informal resolution or arbitration.

20.7 Class action and jury trial waiver. YOU AND CHART PRIME EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN COURT. YOU AND CHART PRIME EACH WAIVE THE RIGHT TO A JURY TRIAL. If this class action waiver is found unenforceable for any claim, that claim will be decided by a court under Section 21, not in arbitration, and the rest of this Section 20 will continue to apply to all other claims.

20.8 Opting out. You may opt out of this agreement to arbitrate by emailing us at the address in Section 27, with the subject line "Arbitration Opt-Out," within 30 days after you first accept these Terms. If you were already a user before the "Last updated" date above, you may opt out within 30 days after that date. Your email must include your name and the email address on your account. Opting out does not affect any other part of these Terms.

20.9 Changes to this section. If we change this Section 20, the change will not apply to any dispute of which either Party had given notice before the change took effect.

21. Governing Law and Venue

21.1 These Terms are governed by the laws of the State of South Dakota, without regard to its conflict of laws principles, except that the Federal Arbitration Act governs Section 20.

21.2 Any claim not subject to arbitration under Section 20 must be brought exclusively in the state courts located in Lawrence County, South Dakota, or in the United States District Court for the District of South Dakota, and each Party submits to the personal jurisdiction of those courts and waives any objection to venue or inconvenient forum there.

21.3 If you access the Services from outside the United States, you are responsible for complying with local laws. We make no representation that the Services are appropriate or available for use outside the United States, and you may not access them from any territory where their content is illegal.

22. Changes to These Terms

22.1 We may update these Terms from time to time to reflect changes in our business, our Services, or the law. When we do, we will update the "Last updated" date above.

22.2 If we make a material change, we will notify you by email to the address on your account or by a prominent notice on our website. Material changes take effect on the date stated in the notice, which will be at least 15 days after the notice is given, unless the change is required by law or needed to address a security issue, in which case it may take effect immediately.

22.3 If you continue to use the Services after a change takes effect, you accept the updated Terms. If you do not agree to the change, you must stop using the Services and may cancel your subscription. Changes do not apply retroactively and do not affect rights or obligations that arose before the change took effect.

23. Assignment

You may not assign or transfer these Terms or your account, in whole or in part, without our prior written consent. We may assign or transfer these Terms, in whole or in part, including your subscription and account, without your consent, to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or part of our business or assets. These Terms bind and benefit the Parties and their permitted successors and assigns.

24. Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including outages or changes at third-party platforms such as TradingView or Discord, internet or utility failures, cyberattacks, natural disasters, epidemics, war, terrorism, labor disputes, or government action.

25. Electronic Communications

By using the Services, you consent to receive communications from us electronically, including by email and by notices on our website or in our Discord server. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that they be in writing.

26. General

26.1 No waiver. If we fail or delay in enforcing any right under these Terms, that does not waive the right. A waiver is effective only if it is in writing and signed by an authorized representative of Chart Prime, and it does not waive any later breach.

26.2 Severability. If any provision of these Terms is found invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if that is not possible, and the rest of these Terms will remain in full force and effect.

26.3 Entire agreement. These Terms, together with the Privacy Policy, the Refund and Cancellation Policy, and any other policies they incorporate, are the entire agreement between you and Chart Prime about the Services and supersede all prior communications and agreements on that subject. You have not relied on any statement or promise not set out in them.

26.4 Order of precedence. If these Terms conflict with any other policy, these Terms prevail, except that the CME Group Subscriber Addendum governs CME Group data as set out in Section 13.6, and the terms of any separate written agreement signed by you and Chart Prime prevail for the matters it covers.

26.5 Third-party beneficiaries. Except for CME Group under Section 13.8 and the indemnified parties under Section 17, no one other than the Parties and their permitted successors and assigns has any right to enforce these Terms.

26.6 Relationship. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship between you and Chart Prime.

26.7 Headings and interpretation. Headings are for convenience only and do not affect the interpretation of these Terms. "Including" means "including without limitation." No rule of construction will apply against either Party as the drafter.

27. Contact Us

If you have any questions about these Terms or the Services, or need to send us a notice, contact us at:

Chart Prime Trading, LLC
41 W Hwy 14, #943
Spearfish, South Dakota 57783
United States
Email: support@chartprime.com

We aim to respond within two business days, although response times may vary with the nature and complexity of your inquiry. Please include your name, the email address on your account, and a clear description of your question.