Terms and conditions

Important Notices

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING MYDAILYTAKE.COM OR ANY RELATED SERVICE.

These Terms and Conditions (“Terms”) govern your access to and use of the MyDailyTake.com website, any subdomains, related applications, content, services, account portals, newsletters, social media properties operated by Author, and any other property owned or operated by Author (collectively, the “Site” or “Services”). By accessing or using the Site, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE OR SERVICES.

These Terms contain, among other things:

  • A binding arbitration agreement and class action waiver (Section 22)
  • Substantial limitations of Author’s liability (Section 17)
  • Indemnification obligations requiring you to defend Author against third-party claims (Section 18)
  • Auto-renewal and trial conversion terms (Sections 9–10)
  • A license grant from you to Author for any content you submit (Section 7)
  • Mandatory eligibility requirements, including age 18+ and compliance with U.S. sanctions law (Section 3)

These Terms incorporate by reference and should be read alongside Author’s:

  • Privacy Policy — available at MyDailyTake.com/privacy-policy
  • Software Agreement (EULA) — governs all paid and free software products, available at MyDailyTake.com/software-agreement
  • Risk Disclosure — available at MyDailyTake.com/disclosure
  • Affiliate Program Terms — if applicable, available at MyDailyTake.com/affiliate-terms
  • Cookie Policy — if applicable, available at MyDailyTake.com/cookie-policy

1. Defined Terms

1.1 “Author” — MyDailyTake, including its owner, officers, members, employees, representatives, agents, contractors, and affiliates, operating MyDailyTake.com.

1.2 “User,” “you,” or “your” — any individual or entity accessing or using the Site or Services, whether or not registered.

1.3 “Member” or “Subscriber” — a registered User who has created an account or purchased a Subscription.

1.4 “Site” — MyDailyTake.com, including all subdomains, applications, account portals, and related properties operated by Author.

1.5 “Services” — any service offered through the Site, including software, indicators, content, newsletters, support, and any other functionality.

1.6 “Author Content” — all content created, owned, licensed, or controlled by Author, including but not limited to text, articles, blog posts, images, graphics, videos, audio recordings, podcasts, webinars, software, indicators, source code, documentation, designs, logos, trademarks, newsletters, social media posts, comments by Author, and any derivative works.

1.7 “User Content” — any content submitted, uploaded, posted, transmitted, or made available to or through the Site by a User, including but not limited to blog comments, forum posts, support tickets, beta feedback, bug reports, suggestions, reviews, testimonials, and any other communications.

1.8 “Software” — any software product offered by Author, including free indicators, paid indicators, the Trade Copier, the Risk Manager, the Focus Manager, and any future products. Use of Software is governed by the separate Software Agreement.

1.9 “Subscription” — a recurring billing arrangement for any paid Service.

1.10 “Trial” — a time-limited evaluation period for a paid Service offered at no charge.

2. Acceptance and Modification

2.1 Binding Acceptance

By accessing or using the Site or Services in any manner — including by browsing, registering an account, submitting User Content, purchasing a Subscription, or downloading any Software — you acknowledge that you have read, understood, and agree to be bound by these Terms.

2.2 Modification of Terms

Author reserves the right, in its sole discretion, to modify, amend, or replace these Terms at any time. Material changes will be communicated by posting on the Site and, where Author deems appropriate, by email to registered Users. The “Last Updated” date at the top of these Terms will reflect the most recent change.

Your continued use of the Site or Services after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to any modification, your sole remedy is to discontinue use of the Site and Services and cancel any active Subscription.

2.3 Modification of Site and Services

Author may, in its sole discretion and at any time, modify, suspend, discontinue, or terminate any portion of the Site or Services, with or without notice, including but not limited to:

  1. The availability of any feature, page, or product;
  2. Pricing of any Service or Software;
  3. The content, layout, or structure of the Site;
  4. The terms of any Subscription;
  5. The availability of free content, trials, or promotions.

Author shall have no liability to any User or third party for any such modification, suspension, discontinuation, or termination.

3. Eligibility

By accessing or using the Site, you represent and warrant that you:

  1. Are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater;
  2. Have the legal capacity to enter into binding contracts;
  3. Are not a resident of, or located in, any jurisdiction subject to U.S. embargo or comprehensive sanctions, including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions;
  4. Are not on the U.S. Department of Treasury Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals list, the U.S. Department of Commerce Denied Persons List or Entity List, or any similar restricted parties list maintained by any government;
  5. Are not prohibited from using the Site or Services under the laws of your jurisdiction;
  6. Will not use the Site or Services in violation of any applicable law, regulation, or third-party agreement;
  7. Will provide accurate, current, and complete information to Author and will keep such information updated.

Children Under 18. The Site is not directed at children under the age of 18. If Author becomes aware that any User is under the age of 18, Author may, in its sole discretion, suspend or terminate that User’s account and delete associated data. If you are a parent or guardian and believe a child under 18 has provided personal information to Author, please contact Author at the address on the Site.

4. Account Registration and Security

4.1 Registration

Certain Services require registration of an account. By registering, you agree to:

  1. Provide accurate, current, and complete information;
  2. Maintain and promptly update your account information;
  3. Maintain the security of your account credentials;
  4. Accept responsibility for all activities that occur under your account;
  5. Promptly notify Author of any unauthorized use of your account.

4.2 One Account Per Person

Each individual is entitled to one account. Creating multiple accounts, using shared accounts, or registering accounts on behalf of others without authorization is prohibited and may result in immediate termination of all associated accounts without refund.

4.3 No Account Sharing

You may not share, sell, transfer, lease, or lend your account credentials, login session, or any associated License Key to any third party. Each User must have their own account, regardless of household, family, or business affiliation.

4.4 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account, whether or not authorized by you. Author is not liable for any loss or damage arising from unauthorized access to your account.

4.5 Author Will Never Request Passwords

Author will never ask you for your password by email, phone, chat, or any other means. Any communication purporting to be from Author and requesting your password should be treated as suspicious and reported to Author immediately.

4.6 Account Suspension and Termination

Author may, in its sole discretion and at any time, suspend, restrict, or terminate any User’s account, with or without notice, for any reason, including but not limited to:

  1. Suspected violation of these Terms or any other Author policy;
  2. Suspected fraudulent, abusive, or unlawful conduct;
  3. Failure to pay any amount owed to Author;
  4. Chargeback or payment dispute initiated by the User;
  5. Inactivity for an extended period;
  6. Author’s discretionary business decisions.

5. Limited License to Use Site and Author Content

5.1 License Grant

Subject to your continuous compliance with these Terms, Author grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Site and Author Content solely for your personal, non-commercial use.

5.2 No Other Rights Granted

No rights are granted other than the limited access license described in Section 5.1. All rights not expressly granted are reserved by Author.

5.3 Prohibited Use of Author Content

Except as expressly permitted by Section 5.1, you shall not, and shall not permit any third party to:

  1. Reproduce or Republish. Republish, post, transmit, mirror, frame, or otherwise distribute Author Content on any other website, online service, message board, social platform, intranet, or printed publication;
  2. Modify or Create Derivatives. Modify, adapt, translate, or create derivative works from Author Content;
  3. Extract or Abstract. Create abstracts, summaries, excerpts, or extracts from Author Content for use elsewhere, except for fair-use quotation in good-faith reviews with attribution;
  4. Commercial Use. Use Author Content for any commercial purpose, including but not limited to inclusion in any product, service, course, training program, or content offered for sale;
  5. Strip Notices. Remove, alter, or obscure any copyright, trademark, or other proprietary notice contained in Author Content;
  6. AI Training. Use Author Content to train, fine-tune, validate, or otherwise develop or improve any machine learning, large language model, generative AI, or other automated system;
  7. Scrape or Mine. Use any robot, spider, scraper, crawler, automated tool, or manual process to monitor, copy, harvest, or extract Author Content beyond the Site’s intended user interface;
  8. Reverse Engineer. Reverse engineer, decompile, or otherwise attempt to derive source code or underlying methodology from any software, indicator, or interactive element on the Site;
  9. Bypass Paywalls. Access, distribute, or share any content that is gated behind a Subscription, purchase, or login, except as expressly permitted by your access level;
  10. Use as Reference Data. Use Author Content as input, reference data, or training material for any third-party software, service, or model;
  11. Misrepresent Source. Represent Author Content as your own work or as originating from any party other than Author.

5.4 Linking

You may link to the Site from your own website or social media, provided that:

  1. The link does not falsely suggest endorsement, affiliation, or sponsorship by Author;
  2. The link is to publicly accessible content and not to any account portal, paywalled content, or member-only area;
  3. The linking site does not contain unlawful, defamatory, obscene, or otherwise objectionable content;
  4. You do not frame, mirror, embed, or otherwise present Author Content in a manner that obscures the source or removes Author’s branding.

Author reserves the right to revoke linking permission at any time for any reason. Commercial linking, deep-linking into member areas, and use of Author’s name or marks in linking text require Author’s prior written consent.

6. Intellectual Property Rights

6.1 Ownership

All Author Content, including but not limited to the design, structure, organization, code, text, graphics, images, videos, audio, software, indicators, documentation, trademarks, logos, and trade dress, is the exclusive property of Author or its licensors, protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The selection, arrangement, coordination, and compilation of Author Content on the Site is protected as a collective work under U.S. and international copyright laws and is the property of Author.

6.3 Trademarks

“MyDailyTake,” “MDT,” the MyDailyTake logo, and any associated product names and marks are trademarks of Author. You may not use Author’s trademarks without Author’s prior written consent, except for limited nominative fair use (e.g., honest reference in a product review).

6.4 Third-Party Trademarks

“NinjaTrader®” is a registered trademark of NinjaTrader Group, LLC. NinjaTrader Group, LLC and its affiliates have no affiliation with Author, do not endorse Author’s products or services, and have no ownership or other interest in Author’s products. All other trademarks, service marks, and trade names referenced on the Site are the property of their respective owners.

6.5 No Patent or Trade Secret Disclosure

Nothing in these Terms or on the Site grants any User any license, right, or interest in any patent, trade secret, or proprietary methodology of Author by implication, estoppel, or otherwise.

7. User-Generated Content

7.1 Definition

“User Content” means any content you submit, upload, post, transmit, or otherwise make available to or through the Site, including blog comments, support tickets, beta feedback, bug reports, suggestions, feature requests, reviews, testimonials, survey responses, screenshots, and any other communications.

7.2 You Retain Ownership; You Grant Author a License

You retain whatever ownership rights you have in your User Content. However, by submitting User Content, you grant Author a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable, non-exclusive license to use, host, store, reproduce, modify, adapt, translate, create derivative works from, publicly display, publicly perform, transmit, publish, and distribute such User Content, in whole or in part, in any media and by any means now known or later developed, for any purpose related to Author’s business, including:

  1. Operating, providing, and improving the Site and Services;
  2. Marketing, advertising, and promotion of Author’s products and services;
  3. Publication in case studies, testimonials, social media posts, blog articles, and other promotional materials;
  4. Product development, feedback analysis, and quality improvement;
  5. Defense of Author’s rights in legal proceedings.

7.3 Your Representations and Warranties

By submitting User Content, you represent and warrant that:

  1. You own all rights in the User Content or have obtained all necessary rights, consents, and permissions to submit it and grant the license in Section 7.2;
  2. The User Content does not infringe any copyright, trademark, trade secret, right of publicity, right of privacy, or other right of any third party;
  3. The User Content is not defamatory, libelous, obscene, threatening, harassing, hateful, fraudulent, deceptive, or otherwise unlawful;
  4. The User Content does not contain personal information of any third party submitted without that party’s consent;
  5. The User Content does not contain viruses, malware, or any harmful code.

7.4 No Confidentiality of Submissions

Unless expressly agreed in writing, Author treats all User Content as non-confidential and non-proprietary. By submitting User Content, you waive any claim that Author’s use of the User Content violates any of your rights, including moral rights, privacy rights, publicity rights, contract rights, or any other rights.

7.5 Feedback and Suggestions

Any feedback, suggestion, idea, or proposal you submit to Author becomes the exclusive property of Author. You assign to Author all right, title, and interest in such feedback without compensation, attribution, or restriction.

7.6 No Obligation to Use or Retain

Author has no obligation to use, publish, or retain any User Content. Author may, in its sole discretion, edit, modify, remove, refuse to display, or delete any User Content at any time, with or without notice, for any reason or no reason.

7.7 Monitoring

Author has the right, but not the obligation, to monitor, review, screen, edit, modify, or remove any User Content at any time. Author does not, however, undertake any obligation to do so, and Author shall not be liable for any User Content posted by any User.

7.8 Participation Disclaimer (Section 230)

Author is a “provider of an interactive computer service” as defined in 47 U.S.C. § 230. Author shall not be treated as the publisher or speaker of any User Content. Author acts as a passive conduit for the distribution of User Content and undertakes no obligation or liability for the substance of any User Content.

8. Acceptable Use Policy

8.1 Prohibited Conduct

You agree that you will not, and will not permit any third party to:

  1. Use the Site or Services for any unlawful purpose or in violation of any applicable law, regulation, or third-party agreement;
  2. Use the Site or Services to harass, threaten, defame, abuse, stalk, intimidate, or harm any person, including Author’s employees, contractors, or other Users;
  3. Impersonate any person or entity, including Author or its representatives, or falsely state or misrepresent your affiliation with any person or entity;
  4. Upload, post, transmit, or otherwise distribute any User Content that is unlawful, defamatory, libelous, obscene, pornographic, threatening, abusive, harassing, fraudulent, deceptive, misleading, invasive of privacy or publicity rights, hateful, or otherwise objectionable;
  5. Upload, post, transmit, or distribute User Content that infringes any copyright, trademark, trade secret, right of publicity, right of privacy, or other right of any third party;
  6. Upload, post, transmit, or distribute commercial content, advertisements, solicitations, “spam,” chain letters, pyramid schemes, multi-level marketing pitches, or unauthorized commercial communications;
  7. Solicit Users to join or become members of any competing service or organization;
  8. Upload, post, transmit, or distribute viruses, malware, ransomware, time bombs, Trojan horses, or any other harmful code;
  9. Use any robot, spider, scraper, crawler, automated tool, or manual process to monitor, copy, scrape, or extract content from the Site for any unauthorized purpose;
  10. Use the Site or Services to develop, train, fine-tune, validate, or otherwise improve any machine learning, large language model, generative AI, or other automated system;
  11. Interfere with, disrupt, or attempt to interfere with the proper functioning of the Site, Services, or Author’s infrastructure;
  12. Take any action that imposes an unreasonable or disproportionately large load on Author’s servers or infrastructure;
  13. Attempt to gain unauthorized access to the Site, Services, accounts of other Users, or Author’s systems;
  14. Probe, scan, test, or attempt to penetrate the vulnerability of any Site system or component;
  15. Bypass, defeat, or attempt to bypass any access controls, authentication mechanisms, paywalls, or technological protection measures;
  16. Engage in any unauthorized framing, mirroring, deep-linking, or embedding of the Site or Author Content;
  17. Collect, harvest, or store personal information about other Users;
  18. Use the Site or Services to facilitate money laundering, terrorism financing, sanctions evasion, or any other criminal activity;
  19. Engage in any conduct that, in Author’s sole discretion, is harmful to Author’s reputation, business, or other Users.

8.2 Investigation and Enforcement

Author may, in its sole discretion, investigate any suspected violation of this Section 8 and may take any action it deems appropriate, including:

  1. Removing or refusing to display User Content;
  2. Issuing warnings to Users;
  3. Suspending or terminating Users’ accounts;
  4. Reporting violations to law enforcement, regulators, or other authorities;
  5. Cooperating with law enforcement investigations;
  6. Pursuing civil or criminal remedies.

8.3 No Obligation

Author has the right, but not the obligation, to enforce this Section 8. Author’s failure to enforce any provision in any specific instance is not a waiver of Author’s right to enforce that provision in the future.

9. Subscriptions, Trials, and Billing

9.1 Subscription Fees

Certain Services are available only by paid Subscription. Subscription fees are payable in U.S. dollars in advance for the term selected at sign-up (monthly, quarterly, annual, or other). All fees are exclusive of applicable taxes, duties, and governmental charges, which are your responsibility.

9.2 Payment Processors

Author uses third-party payment processors, including Stripe and others as identified at checkout, to process payments. Author does not store full payment card numbers. Use of these payment processors is subject to their own terms and privacy policies.

9.3 Authorization for Recurring Charges

By signing up for a Subscription, you expressly authorize Author to charge your designated payment method on a recurring basis at the applicable rate, including at renewal periods, without further authorization from you. You agree that your payment method may be charged automatically at the beginning of each renewal period at the then-current rate.

9.4 Trials

  1. Where offered, a Trial requires a valid payment method on file at sign-up.
  2. At the end of the Trial period, your account automatically converts to a paid Subscription and your payment method is charged the applicable Subscription fee.
  3. To avoid being charged, you must cancel before the Trial ends through your account portal.
  4. One Trial per person, per household. Attempts to obtain additional Trials through multiple accounts, email addresses, payment methods, or other means constitute a breach of these Terms and may result in immediate termination of all accounts and forfeiture of all fees.
  5. Trials are offered at Author’s sole discretion and may be modified, suspended, or discontinued at any time without notice.
  6. Author will use commercially reasonable efforts to send a reminder email forty-eight (48) hours prior to Trial conversion. Failure of such email to be delivered, received, or read does not relieve you of the obligation to cancel before the Trial ends.

9.5 Pricing Changes

Author may change Subscription pricing at any time, effective upon your next renewal. Author will provide at least thirty (30) days’ notice of any material price change through your account, email, or the Site.

9.6 Typographical or Pricing Errors

In the event that any Service or Software is mistakenly listed at an incorrect price or with incorrect terms, Author reserves the right to refuse or cancel any orders placed at the incorrect price or terms, whether or not the order has been confirmed and your payment method charged. If your payment method has been charged and the order is cancelled, Author will issue a credit to your payment method for the incorrect amount.

9.7 Promotional Pricing

Promotional pricing, discounts, and coupons are subject to the terms specified at the time of offer. Promotional rates apply only to the initial purchase or term specified. Renewals occur at the then-current standard rate unless otherwise stated.

9.8 Failed Payment

  1. Author will attempt to charge your payment method up to three (3) times over a period of up to seventy-two (72) hours after an initial failure.
  2. Continued failure will result in suspension of your Subscription and access to the corresponding Services.
  3. Reactivation requires successful payment and may, at Author’s discretion, require payment of a reactivation fee.
  4. If payment is not received within thirty (30) days, Author may terminate your Subscription and revoke all associated rights.

10. Auto-Renewal and Cancellation

10.1 Auto-Renewal Disclosure

Your Subscription will automatically renew at the end of each billing period for the same term and at the then-current rate, charged to the payment method on file, until you cancel.

10.2 How to Cancel

You may cancel your Subscription at any time through your account portal at MyDailyTake.com. Cancellation takes effect at the end of the current paid period; you will continue to have access until that date.

10.3 No Prorated Refunds

Cancellation does not entitle you to a refund of the current paid period or any prior period, except as required by applicable law or as expressly stated in these Terms or the applicable Software Agreement.

10.4 Effect of Cancellation

Upon expiration of the current paid period following cancellation:

  1. Your Subscription and associated access rights end;
  2. Any associated License Keys are deactivated;
  3. You must cease use of all Subscription-only Services and Software;
  4. Author may delete or retain your account data in accordance with the Privacy Policy.

10.5 Reinstatement

You may reinstate a cancelled or lapsed Subscription by signing up again at the then-current rate. Reinstatement does not retroactively restore any benefits during the lapsed period.

11. Refunds and Chargebacks

11.1 General No-Refund Policy

Due to the nature of digital content and trading-related Services, all fees are non-refundable except as required by applicable law or as expressly stated in these Terms or the applicable Software Agreement.

11.2 Trial-Based Products

Services offering a Trial period have no separate refund window. To avoid charges, you must cancel during the Trial.

11.3 Statutory Refund Rights

  1. European Union and United Kingdom Consumers. Where required by applicable consumer protection law, including the EU Consumer Rights Directive and the UK Consumer Contracts Regulations, consumers have a fourteen (14) day right of withdrawal from the date of purchase of digital content. This right is forfeited once you begin downloading, installing, accessing, or using the Service, which you expressly consent to by accessing any digital content or activating any License Key.
  2. Other Jurisdictions. Other statutory refund rights, where applicable, are not waived by these Terms.

11.4 Chargebacks

  1. Contact Author First. Before initiating any chargeback, payment reversal, or dispute with your payment provider, you agree to contact Author at the support email designated on the Site and attempt to resolve the issue in good faith.
  2. Immediate Suspension. Initiation of a chargeback results in immediate suspension of all accounts, licenses, and Subscriptions associated with you pending resolution.
  3. Permanent Revocation. A successful chargeback results in permanent revocation of the affected Subscription or license and may, at Author’s sole discretion, result in revocation of all your other Subscriptions and licenses without further refund.
  4. Chargeback Fee. You agree to reimburse Author for any chargeback fees imposed by Author’s payment processor, plus an administrative fee of fifty dollars ($50) per chargeback.
  5. Permanent Ban. You may be permanently banned from purchasing, accessing, or receiving any Author products or Services in the future following a chargeback.
  6. Legal Recourse. Initiation of a chargeback for a valid charge constitutes a breach of these Terms and authorizes Author to pursue all available remedies, including collection of the original amount plus fees and reasonable attorneys’ fees.

11.5 Discretionary Refunds

Author may, in its sole discretion, offer refunds outside the terms of this Section in exceptional circumstances. Any such refund does not waive Author’s rights under this Section for future occurrences.

12. Communications and Marketing

12.1 Transactional Communications

By registering an account or purchasing a Service, you consent to receive transactional communications from Author, including account notifications, billing notices, security alerts, Service updates, and other operational communications. These communications are necessary for the provision of the Services and cannot be opted out of while you maintain an active account.

12.2 Marketing Communications

Author may send you marketing communications, including newsletters, product announcements, promotional offers, and educational content, in accordance with your preferences and applicable law (including CAN-SPAM Act, CASL, and GDPR where applicable). You may unsubscribe from marketing communications at any time using the unsubscribe link in any marketing email or by contacting Author.

12.3 Newsletter Subscription

By subscribing to Author’s newsletter through a form on the Site or other opt-in mechanism, you expressly consent to receive emails from Author. You may unsubscribe at any time.

12.4 Method of Notice

Author may provide notice to you by email, posting on the Site, notification through your account portal, or any other reasonable means. Notice is deemed received on the date sent or posted, regardless of whether you actually receive or open it.

13. Trading Disclosures

The following disclosures apply to all Author Content related to trading, investing, or financial markets. They are summarized here; the full Risk Disclosure is incorporated by reference and available at MyDailyTake.com/disclosure.

13.1 Not a Registered Advisor

Author is not a registered investment advisor, broker-dealer, commodity trading advisor, or financial advisor. No portion of the Site, Author Content, or Services constitutes investment advice, financial advice, tax advice, legal advice, or a recommendation to buy, sell, or hold any security, commodity, or financial instrument.

13.2 Educational Purpose Only

All Author Content is provided for informational and educational purposes only. You should not make trading decisions based solely on Author Content. You are solely responsible for your own trading decisions.

13.3 Risk of Loss

Trading involves substantial risk of loss and is not suitable for all investors. Past performance is not indicative of future results. Most traders lose money. Only use risk capital you can afford to lose.

13.4 Hypothetical Results

All trading results, charts, screenshots, and demonstrations presented by Author should be assumed to be hypothetical or simulated unless Author expressly states otherwise in writing. The full CFTC Rule 4.41 hypothetical performance disclosure is set forth in the Risk Disclosure.

13.5 Consult Licensed Professionals

Always seek advice from professional, licensed, and registered investment advisors, financial advisors, tax advisors, and legal advisors prior to making any investment decisions.

14. Software Products

14.1 Separate Software Agreement

Any software, indicator, plugin, script, or related product offered by Author is licensed under Author’s separate Software Agreement (EULA), available at MyDailyTake.com/software-agreement. The Software Agreement governs all use of Author’s software products and is incorporated into these Terms by reference for any User who downloads, installs, or uses any such product.

14.2 Acceptance Required

You must accept the Software Agreement before downloading, installing, or activating any Author software product. By accessing any software product on the Site, you acknowledge that you have read and agree to the Software Agreement.

14.3 Conflict Between Documents

In the event of any conflict between these Terms and the Software Agreement with respect to the use of a specific software product, the Software Agreement governs as to that product.

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Author. Author has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party site or service.

15.2 No Endorsement

The inclusion of any link does not imply endorsement, affiliation, or recommendation by Author. Any reference to a Prop Firm, broker, trading platform, vendor, or other third party is descriptive only and does not constitute endorsement.

15.3 Use at Your Own Risk

You access third-party sites and services at your own risk. You are responsible for reviewing and complying with the terms and privacy policies of any third-party site or service.

15.4 Affiliate Relationships

Author may participate in affiliate or referral programs with third parties, including brokers, Prop Firms, and software vendors. When Author links to a third-party service through an affiliate relationship, Author may receive compensation. Such relationships do not affect Author’s editorial independence, and Author discloses material affiliate relationships in accordance with FTC guidelines.

16.1 Notification of Claimed Infringement

Author respects the intellectual property rights of others and expects Users to do the same. If you believe that any content on the Site infringes your copyright, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing Author’s designated DMCA agent with the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed work;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material claimed to be infringing, with sufficient detail to enable Author to locate it;
  4. Your contact information, including address, telephone number, and email address;
  5. A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
  6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

16.2 Designated DMCA Agent

DMCA notifications should be sent to Author’s designated agent:

DMCA Agent
MyDailyTake
Email: jack@mydailytake.com

16.3 Counter-Notification

If you believe that material you posted was removed by mistake or misidentification, you may submit a counter-notification containing the elements specified in 17 U.S.C. § 512(g)(3).

16.4 Repeat Infringers

Author will, in appropriate circumstances and at its sole discretion, terminate the accounts of Users who are determined to be repeat infringers.

16.5 Misrepresentation

You acknowledge that filing a false or misleading DMCA notification may subject you to liability under 17 U.S.C. § 512(f).

17. Warranties and Disclaimers

17.1 AS IS

THE SITE, SERVICES, AUTHOR CONTENT, AND ALL OTHER MATERIALS PROVIDED BY AUTHOR ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

17.2 Disclaimer of Implied Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTHOR DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION:

  • Implied warranties of merchantability;
  • Fitness for a particular purpose;
  • Title;
  • Non-infringement;
  • Accuracy, completeness, or reliability of any content;
  • Quiet enjoyment;
  • Warranties arising from course of dealing, course of performance, or usage of trade.

17.3 No Warranty of Functionality or Availability

Author does not warrant that:

  1. The Site or Services will meet your requirements or expectations;
  2. The Site or Services will be uninterrupted, timely, secure, or error-free;
  3. Defects will be corrected;
  4. The Site or any server is free of viruses, malware, or other harmful components;
  5. Any content, including Author Content, is accurate, complete, current, reliable, or otherwise fit for any purpose;
  6. Trade signals, indicators, or calculations are timely, accurate, or complete;
  7. The Site or Services will produce any specific result for you.

17.4 Third-Party Content

Author makes no warranty regarding any third-party content, third-party services, or User Content on or accessed through the Site.

17.5 State Law Limitations

Some jurisdictions do not allow the exclusion of certain implied warranties or limitations of liability for incidental or consequential damages, so some of the above disclaimers may not apply to you. In such jurisdictions, Author’s liability is limited to the maximum extent permitted by law.

18. Limitation of Liability

18.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUTHOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

  1. Lost profits, lost trading opportunities, or lost revenue;
  2. Lost, blown, damaged, or terminated trading accounts;
  3. Missed, erroneous, or unintended trades;
  4. Revoked, denied, or delayed payouts from any broker or Prop Firm;
  5. Loss of goodwill, reputation, or business opportunity;
  6. Cost of substitute services;
  7. Loss of data;
  8. Personal injury or property damage;
  9. Any other economic, commercial, or financial loss;

ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, SERVICES, OR AUTHOR CONTENT, OR ANY DECISION OR ACTION YOU MAKE IN CONNECTION WITH THE SITE OR AUTHOR CONTENT, EVEN IF AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18.2 Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTHOR’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, SERVICES, OR AUTHOR CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO AUTHOR IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

18.3 Sole Remedy

Your sole and exclusive remedy for dissatisfaction with the Site, Services, or Author Content is to discontinue use of the Site and to cancel any active Subscription.

18.4 Trading Losses Specifically Excluded

Without limiting the foregoing, Author shall have no liability for any losses arising from your trading activity, including trades influenced by Author Content, indicators, signals, or educational materials. You are solely responsible for your trading decisions.

18.5 Non-Waivable Statutory Rights

If applicable law does not allow the limitation or exclusion of certain damages, Author’s liability is limited to the maximum extent permitted by such law.

18.6 Basis of the Bargain

The limitations in this Section 18 are a fundamental basis of the bargain between Author and you. The Site and Services are provided at the price and terms offered only because of these limitations. Without these limitations, Author would not be able to provide the Site or Services.

18.7 Time Limit on Claims

Any claim you bring against Author must be filed within one (1) year after the cause of action arises, or be forever barred, except where a longer period is required by applicable law.

19. Indemnification

19.1 Your Indemnification of Author

You agree to defend, indemnify, and hold harmless Author and its officers, members, directors, employees, contractors, agents, licensors, suppliers, and affiliates (collectively, the “Author Parties”) from and against any and all claims, demands, suits, proceedings, losses, damages, judgments, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:

  1. Your use or misuse of the Site, Services, or Author Content;
  2. Any User Content you submit;
  3. Your trading activity, including any decisions or actions you take based on Author Content;
  4. Your breach of these Terms, the Software Agreement, the Privacy Policy, or any other Author policy;
  5. Your violation of any law, regulation, exchange rule, broker agreement, Prop Firm agreement, or other contractual obligation;
  6. Your violation of any third party’s rights, including intellectual property rights, privacy rights, or contractual rights;
  7. Any dispute between you and any broker, Prop Firm, exchange, regulator, tax authority, or other third party;
  8. Any chargeback, payment dispute, or refund claim asserted by you that is determined to be unfounded;
  9. Any unauthorized use of your account, including any activity by anyone using your credentials;
  10. Your gross negligence, willful misconduct, or fraud;
  11. Any false or misleading statement made by you to Author.

19.2 Procedure

Author will promptly notify you of any claim subject to indemnification. You shall defend the claim with counsel of your choice, subject to Author’s reasonable approval. Author may participate in the defense at its own expense. You shall not settle any claim without Author’s prior written consent if such settlement requires Author to admit liability, pay any amount, or take or refrain from taking any action.

20. Termination

20.1 Termination for Cause

Author may, in its sole discretion, suspend, restrict, or terminate your access to the Site and Services immediately and without notice, with no refund, for any reason, including but not limited to:

  1. Breach of any term of these Terms, the Software Agreement, or any other Author policy;
  2. Suspected fraudulent, abusive, or unlawful conduct;
  3. Failure to pay any amount owed;
  4. Chargeback or payment dispute initiated by you;
  5. Any conduct Author deems harmful to other Users, third parties, or Author’s business or reputation;
  6. Court order, subpoena, or other legal compulsion;
  7. Discontinuation of the Site or any Service.

20.2 Termination Without Cause

Author may terminate any Subscription or other commercial arrangement without cause upon thirty (30) days’ written notice. In such case, Author will provide a prorated refund of any prepaid fees for unused future periods.

20.3 Termination by You

You may terminate your use of the Site and Services at any time by ceasing use, cancelling any Subscription through your account portal, and (if desired) requesting closure of your account.

20.4 Effect of Termination

Upon termination:

  1. Your right to access and use the Site and Services immediately ends;
  2. All licenses granted to you under these Terms terminate;
  3. Any associated License Keys are deactivated;
  4. Author may delete, retain, or anonymize your account data in accordance with the Privacy Policy and applicable law;
  5. Outstanding payment obligations survive;
  6. You remain responsible for all activity that occurred under your account.

20.5 No Liability for Termination

Author shall have no liability to you or any third party for any suspension, restriction, or termination of your access, account, or Services.

20.6 Survival

The following Sections survive termination of these Terms: 1 (Defined Terms), 5.3 (Prohibited Use of Author Content), 6 (Intellectual Property), 7 (User-Generated Content) with respect to the license granted, 11 (Refunds and Chargebacks), 17 (Warranties and Disclaimers), 18 (Limitation of Liability), 19 (Indemnification), 20.5 (No Liability for Termination), 22 (Dispute Resolution), 23 (Governing Law), and any other provision that by its nature should survive.

21. Force Majeure

Author shall not be liable for any failure or delay in performance under these Terms to the extent caused by events beyond Author’s reasonable control, including but not limited to:

  1. Acts of God, natural disasters, fires, floods, earthquakes, pandemics, or other natural events;
  2. Acts of war, terrorism, civil unrest, riots, or government action;
  3. Internet, telecommunications, hosting, CDN, or utility outages;
  4. Cyber attacks, denial-of-service attacks, ransomware, or security incidents;
  5. Payment processor outages or policy changes;
  6. Failures of third-party platforms or service providers;
  7. Regulatory action, sanctions, or compliance requirements;
  8. Labor disputes or strikes;
  9. Supply chain disruptions;
  10. Loss or unavailability of key personnel.

22. Dispute Resolution and Mandatory Arbitration

22.1 Informal Resolution Required

Before initiating any formal proceeding, you and Author agree to attempt in good faith to resolve any dispute through informal negotiation, beginning with written notice describing the dispute and the proposed resolution. The parties agree to negotiate in good faith for at least thirty (30) days before initiating any formal proceeding.

22.2 Mandatory Binding Arbitration

  1. Except as set forth in Section 22.4, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Services, Author Content, or the parties’ relationship shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules.
  2. Arbitration shall be conducted by a single arbitrator.
  3. The seat of arbitration shall be Fairfax County, Virginia, United States, although hearings may be conducted by telephone or videoconference.
  4. The arbitrator’s award shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
  5. Each party bears its own costs of arbitration, except that the arbitrator may award costs and reasonable attorneys’ fees to the prevailing party.
  6. The arbitrator may grant any relief that a court could grant, except as limited by these Terms.

22.3 Class Action Waiver

YOU AND AUTHOR EACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative, class, mass, or collective proceeding. If this class action waiver is found unenforceable, the entire arbitration agreement in Section 22.2 is unenforceable.

22.4 Exceptions to Arbitration

  1. Small Claims. Either party may bring an individual action in small claims court for claims within that court’s jurisdiction.
  2. Injunctive Relief. Either party may seek injunctive or equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or these Terms.
  3. Statutory Rights. Nothing limits any party’s right to bring claims before a government agency where such claims are not subject to mandatory arbitration under applicable law.

22.5 Opt-Out

You may opt out of the arbitration and class action waiver provisions of Sections 22.2 and 22.3 by sending written notice to Author at the address designated on the Site within thirty (30) days of first agreeing to these Terms. The opt-out notice must include your full name, address, email, account information, and a clear statement of intent to opt out.

22.6 Limitations Period

Any claim must be brought within one (1) year of the date the claim arose, or be forever barred, except where a longer period is required by applicable law.

22.7 Equitable Relief Without Bond

You acknowledge that breach of Sections 5 (Limited License), 6 (Intellectual Property), 7 (User Content license), or 8 (Acceptable Use) may cause irreparable harm to Author for which monetary damages would be inadequate. Author is entitled to seek injunctive relief in any court of competent jurisdiction without the requirement of posting a bond.

23. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to them are governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. To the extent any dispute is not subject to arbitration under Section 22, the parties consent to the exclusive jurisdiction of the state and federal courts located in Fairfax County, Virginia.

24. Geographic Restrictions and Export Control

24.1 Restricted Jurisdictions

The Site, Services, and Author Content may not be accessed, downloaded, exported, re-exported, or used in:

  1. Any country subject to U.S. embargo or comprehensive sanctions, including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions;
  2. By any person on the U.S. Department of Treasury OFAC Specially Designated Nationals list;
  3. By any person on the U.S. Department of Commerce Denied Persons List or Entity List;
  4. By any other person or in any country subject to U.S. export control restrictions or similar restrictions of other governments.

24.2 Compliance Responsibility

You are solely responsible for compliance with all applicable export control, sanctions, and trade laws.

24.3 No Targeting of Specific Jurisdictions

Author’s offering of the Site does not constitute targeting of any specific jurisdiction. You access the Site at your own initiative and bear sole responsibility for compliance with local laws.

25. Privacy and Data

Author’s collection and use of personal information is governed by the Privacy Policy, available at MyDailyTake.com/privacy-policy, which is incorporated into these Terms by reference. By using the Site, you consent to the practices described in the Privacy Policy.

If you are located in the European Union, United Kingdom, California, or another jurisdiction with applicable data protection laws, you may have additional rights regarding your personal data, as described in the Privacy Policy.

26. General Provisions

26.1 Entire Agreement

These Terms, together with the Privacy Policy, the Software Agreement, the Risk Disclosure, and any Affiliate Program Terms, constitute the entire agreement between you and Author with respect to the Site and Services and supersede all prior and contemporaneous agreements, understandings, and communications, whether written or oral.

26.2 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties’ intent.

26.3 No Waiver

Author’s failure or delay in enforcing any provision of these Terms is not a waiver of that provision or any other provision. No waiver is effective unless in writing and signed by Author.

26.4 Assignment

  1. You may not assign or transfer these Terms or any rights hereunder, in whole or in part, without Author’s prior written consent. Any attempted assignment without consent is void.
  2. Author may assign these Terms, in whole or in part, to any successor in interest by merger, acquisition, sale of assets, or otherwise, without your consent.

26.5 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and Author. No third party has any rights under these Terms, except as expressly provided for the Author Parties in Section 19.

26.6 Relationship of Parties

You and Author are independent parties. Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship.

26.7 Notices

  1. Author may deliver notices to you by email, posting on the Site, notification through your account portal, or any other reasonable means.
  2. You shall deliver notices to Author at the contact address designated on the Site.

26.8 Headings

Section headings are for convenience only and do not affect interpretation.

26.9 Construction

These Terms shall not be construed against the drafter. Both parties acknowledge having had the opportunity to review these Terms.

26.10 Counterparts; Electronic Signatures

These Terms may be accepted electronically. Acceptance by accessing the Site, registering an account, clicking “I Agree,” or otherwise using the Services constitutes a binding electronic signature with the same legal effect as a handwritten signature.

26.11 Language

These Terms are executed in the English language. Any translation provided is for convenience only; the English version controls in any conflict.

26.12 Independent Counsel

You acknowledge that you have been advised of the right to seek independent legal counsel and have had a reasonable opportunity to do so.