Terms of Service

Please read these terms carefully before using Fortemax Invest

Last Updated: April 28, 2026

Important — Read Carefully

These Terms of Service ("Terms") are a binding agreement between you and Fortemax, Inc., a Delaware corporation ("Fortemax Invest," "we," "us," or "our"). By accessing or using our websites (including https://fortemaxinvest.com), software, APIs, tools, algorithm marketplace, or related services (collectively, the "Services"), you agree to these Terms.

We provide software tools and connectivity. We do not provide investment, legal, tax, or accounting advice; we are not a broker-dealer, an investment adviser, or your agent or fiduciary. You are solely responsible for your trading decisions and for complying with applicable laws and broker/exchange requirements.

Table of Contents
  1. Definitions
  2. Who We Are (and What We Are Not)
  3. Eligibility; Compliance
  4. Real Money Beta Notice
  5. License; Acceptable Use
  6. Your Broker, Market Data, and Other Third Parties
  7. Marketplace & AI Generated Content
  8. Performance, Backtesting & Paper vs. Live
  9. Multi-Asset Risk Disclosures
  10. No Advice; No Fiduciary Duty
  11. Security; Your Responsibilities
  12. Fees, Billing, Trials & Refunds
  13. Intellectual Property
  14. Third Party Terms; Pass Through
  15. Warranty Disclaimer
  16. Limitation of Liability
  17. Indemnification
  18. Term; Suspension; Termination
  19. Dispute Resolution; Arbitration; Class Action Waiver
  20. Compliance, Sanctions & Export Controls
  21. Changes to the Services and Terms
  22. Miscellaneous
  23. Contact

1) Definitions

"Account" means your user account for the Services.

"Broker" means your third-party brokerage, exchange, or custodian through which you trade.

"Marketplace" means Fortemax Invest's platform allowing third parties to list, distribute, or license algorithms, code, strategies, models, signals, or content.

"User Code" means any code, models, prompts, configurations, or data you provide or run through the Services.

"Seller" means a third party listing content or code in the Marketplace.

2) Who We Are (and What We Are Not)

Fortemax Invest provides tools to build, test, and connect automated trading strategies to third-party Brokers you select. We do not open brokerage accounts, hold customer funds or securities, route orders, or provide personalized investment advice. Nothing in the Services is an offer, solicitation, recommendation, or endorsement of any security, instrument, or strategy.

3) Eligibility; Compliance

You must be at least 18 and legally capable of entering a contract. You represent you are not subject to U.S. sanctions or export restrictions and that you will use the Services in compliance with applicable law. We may deny or restrict access to meet legal, regulatory, risk, or business requirements.

4) Real Money Beta Notice

Certain features are being released as a beta and may be unstable, incomplete, or change without notice. You acknowledge that outages, delays, bugs, breaking changes, and feature removals can occur, and that no uptime, performance, or support service level is promised during beta.

5) License; Acceptable Use

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your own lawful trading and research. You will not (and will not permit others to):

  • (a) copy, modify, reverse engineer, or create derivative works of the Services;
  • (b) bypass security;
  • (c) interfere with or overload the Services;
  • (d) misuse market data or violate exchange/broker terms;
  • (e) engage in illegal, manipulative, or abusive trading; or
  • (f) use the Services to compete with us or to train models that replicate our offerings.

6) Your Broker, Market Data, and Other Third Parties

You authorize the Services to transmit instructions to your Broker on your behalf when you enable connectivity. Orders can fail or behave unexpectedly due to Broker/exchange halts, margin/collateral limits, risk checks, throttling, stale data, connectivity loss, or third-party outages. You are solely responsible for monitoring positions, orders, and account balances with your Broker. Market data and third-party services are provided "as available," may be delayed or inaccurate, and are subject to the provider's terms; you will comply with any non-professional, redistribution, display, or usage restrictions.

7) Marketplace & AI Generated Content

The Marketplace may host algorithms, code, models, prompts, and content from Sellers or generated via AI. All Marketplace items and AI outputs are provided "as is," with no warranties of any kind. You are responsible for vetting, testing (including paper/backtesting), security scanning, and auditing any code before use; running third-party or AI code in live trading is solely at your risk.

Sellers' Representations. Sellers represent they own or have rights to list their content, that it does not include malicious code, and that listing does not violate third-party rights or law.

Licenses. Sellers grant buyers the license specified on the listing; Sellers grant Fortemax a license to host, test, scan (including for security/malware), and display their listings and related metadata.

Indemnity (Sellers & Users). Sellers and Users will defend, indemnify, and hold harmless Fortemax and its affiliates from claims, losses, liabilities, and costs (including attorneys' fees) arising from their code, content, conduct, or violations of law or third-party rights.

We may remove or disable Marketplace items suspected to be insecure, infringing, or non-compliant.

8) Performance, Backtesting & Paper vs. Live

Backtests, simulations, paper trading, and hypothetical performance have material limitations and are not predictive of future results. You agree not to rely on such results for live trading decisions and acknowledge that live results often differ materially due to latency, slippage, liquidity, fees, partial fills, and market impact. Where we display hypothetical performance, we will use cautionary statements and placement consistent with 17 CFR §4.41 and related NFA guidance, and you agree such information is for illustrative/educational purposes only.

9) Multi-Asset Risk Disclosures (You Must Read This)

General. Trading involves substantial risk and may result in the loss of some or all capital. Leveraged products can result in losses exceeding your initial deposit.

Options. Options are not suitable for all investors. Before trading options, you must read the OCC's Characteristics and Risks of Standardized Options (ODD) and acknowledge receipt.

Futures / Security Futures. There is a high degree of risk in futures trading. Review risk disclosures from your FCM and the NFA/CFTC and ensure suitability before trading.

Pattern Day Trading. If you day trade equities, you are responsible for complying with FINRA's PDT rules (including minimum equity requirements) and your Broker's policies.

10) No Advice; No Fiduciary Duty

We do not provide personalized investment advice, recommendations, or fiduciary services. Any information, examples, or performance displays are educational, impersonal, and general. You are solely responsible for your trading decisions and for consulting your own financial, legal, tax, and accounting advisors.

11) Security; Your Responsibilities

You must protect your credentials, API keys, secrets, and devices, enable multi-factor authentication where offered, and promptly notify us of suspected compromise. We implement commercially reasonable security measures but do not guarantee error-free or breach-proof security. If we learn of a breach affecting your information, we will notify you as required by applicable law.

12) Fees, Billing, Trials & Refunds

We may charge subscription, usage, transaction, or Marketplace fees as posted at checkout or in your account. Fees are billed in advance (unless stated otherwise) and are non-refundable except as required by law or expressly stated in our refund policy. Taxes and third-party fees (e.g., Broker commissions, exchange/market data fees) are your responsibility. You may cancel in account settings; access continues until the end of the current billing period unless we specify otherwise.

13) Intellectual Property

The Services, including all software, UI, branding, and content, are owned by us or our licensors. Except for the limited license above, no rights are granted. You may provide feedback, and we may use it without restriction or compensation.

14) Third Party Terms; Pass Through

Use of Brokers, exchanges, market data, cloud providers, payment processors (e.g., Stripe), or other third-party services is subject to their terms and fees. By connecting or using them through the Services, you agree to their terms and acknowledge we are not responsible for their acts or omissions.

15) Warranty Disclaimer

THE SERVICES (INCLUDING ANY ALGORITHMS, MARKETPLACE ITEMS, AI OUTPUTS, DATA, AND INTEGRATIONS) ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, AND ERROR-FREE OPERATION.

16) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FORTEMAX WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST TRADING OPPORTUNITIES, LOST DATA, BUSINESS INTERRUPTION, OR COSTS OF SUBSTITUTE GOODS/SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO FORTEMAX FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR USD $100, WHICHEVER IS GREATER.

17) Indemnification

You will defend, indemnify, and hold harmless Fortemax and its affiliates, officers, directors, employees, and agents from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your User Code or Marketplace activity; (c) your violation of law or third-party rights; or (d) your breach of these Terms.

18) Term; Suspension; Termination

We may suspend or terminate access immediately for suspected misuse, security risk, non-payment, legal/regulatory risk, or violations of these Terms. Upon termination, your license ends and you must cease using the Services; Sections that by nature should survive (e.g., IP, Marketplace terms, fees due, disclaimers, limitations, indemnities, dispute resolution) survive.

19) Dispute Resolution; Arbitration; Class Action Waiver

Binding Arbitration. You and Fortemax agree to resolve any dispute arising out of or relating to these Terms or the Services by binding arbitration administered by AAA (or JAMS) under its applicable rules. The seat will be Delaware.

Class Action Waiver. Disputes are conducted only on an individual basis; class, consolidated, or representative actions are not permitted.

30-Day Opt Out. You may opt out of arbitration/class waiver by sending written notice to contact@fortemaxllc.com within 30 days of first accepting these Terms.

20) Compliance, Sanctions & Export Controls

You represent you are not located in or ordinarily resident in any country or region subject to comprehensive U.S. sanctions and are not on any U.S. restricted list. You will not use the Services for prohibited purposes and will cooperate with reasonable KYC/AML requests where applicable.

21) Changes to the Services and Terms

We may modify the Services or these Terms at any time. Material changes will be posted on our site or in product. Your continued use after changes become effective constitutes acceptance.

22) Miscellaneous

Governing Law. Delaware law, without regard to conflicts rules.

Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.

Assignment. You may not assign without our consent; we may assign.

Severability; Waiver. If a term is unenforceable, the remainder remains in force; no waiver is effective unless in writing.

Entire Agreement. These Terms plus policies referenced herein (including our Privacy Policy) are the entire agreement.

23) Contact

Questions? Email contact@fortemaxllc.com


Regulatory references (informational): OCC ODD (options), NFA/CFTC risk disclosures (futures), and FINRA's PDT rules are industry standards that you must review and comply with via your Broker and applicable law.

By using Fortemax Invest, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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