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Contents

Terms of Service

Last updated: September 8, 2026

Welcome to FairFlow. These Terms of Service ("Terms") govern your access to and use of FairFlow's website and software licensing services, including trial subscriptions. By accessing our website, purchasing a license or trial subscription, or using our software, you agree to be bound by these Terms and our Software License Agreement.

Please read these Terms carefully before using our services. If you do not agree to these Terms, you may not access or use our services.

1. Acceptance of Terms

By accessing or using FairFlow's website (myfairflow.com) or purchasing a software license or trial subscription, you agree to be bound by these Terms of Service, our Privacy Policy, Risk Disclaimer, and our Software License Agreement. These documents constitute the entire agreement between you and FairFlow LLC.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Service Description

FairFlow LLC is a software provider that develops and licenses software for automated multi-market AI trading systems. Our business model is based on software licensing and trial subscriptions, not financial services or investment advisory.

Important Clarifications:

  • FairFlow provides software only through licenses and trial subscriptions
  • We are NOT a financial advisor, investment service, broker, or trading platform
  • We do NOT provide financial advice or investment recommendations
  • We do NOT promise any profit or return on investment
  • Software is delivered via FairFlow infrastructure and monitored by our team

2.1 Products and Services

FairFlow licenses ready-to-go AI trading systems — pre-built, fully automated trading systems that you license as software — and additionally offers bespoke development. FairFlow may introduce further ready-to-go AI trading systems from time to time. These Terms, including the fee terms in Section 5, apply to every ready-to-go AI trading system on the same basis unless your individual agreement states otherwise.

Services currently offered:

  • FairFlow Automated Trading System: A fully automated multi-market AI trading system, licensed as software and operated on a funded account held by the customer with a third-party funding partner
  • Custom AI Development: Bespoke AI trading system development tailored to individual requirements

FairFlow may operate more than one internal trading model within the FairFlow Automated Trading System, and may change, replace or retire those models at its discretion. Such changes do not alter these Terms or the fees payable under Section 5.

FairFlow trades across multiple markets including but not limited to equity index futures. All software is provided for use exclusively within the framework of FairFlow's business model. The software operates automatically with defined maintenance periods.

3. License Grant

Upon purchase and payment of the license fee or trial subscription fee, FairFlow grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the FairFlow software for a defined period of time (defined within the license or trial subscription), subject to the terms and conditions of our Software License Agreement.

3.1 License Scope

Your license includes the right to:

  • Use the software via FairFlow infrastructure
  • Access automated AI trading system functionality
  • Receive software updates and monitoring during the license period

3.2 License Restrictions

You may NOT:

  • Sell, license, rent, lease, or transfer your license to any third party
  • Modify, adapt, translate, or create derivative works from the software
  • Reverse engineer, decompile, disassemble, or attempt to discover source code
  • Copy, reproduce, distribute, or publicly display the software
  • Use the software to develop or offer your own business model or competing service
  • Remove or alter any proprietary notices or labels on the software

Violation of these restrictions will result in immediate termination of your license and access to the software, without refund and without prejudice to Section 5.4a.

3.3 Non-Transferability

Your license is personal to you and may not be transferred, assigned, or sublicensed to any other person or entity without FairFlow's prior written consent.

4. User Eligibility and Obligations

4.1 Age Requirement

You must be at least 18 years of age to purchase a license or use our services. By accepting these Terms, you represent and warrant that you meet this age requirement.

4.1a Who May Purchase (effective September 8, 2026)

FairFlow is available to private individuals and to businesses. You must be at least 18 years of age, as set out in Section 4.1, and legally able to enter into this agreement in your jurisdiction.

VAT treatment differs depending on which you are:

  • Businesses in the EU or UK: if you provide a valid VAT identification number issued in your country of establishment, FairFlow validates it before supply and invoices without VAT. You then account for VAT yourself under the reverse-charge mechanism (Article 196, Council Directive 2006/112/EC)
  • Private individuals, and businesses without a valid VAT identification number: the supply is treated as business-to-consumer and FairFlow charges VAT at the rate applicable in your country of residence. The VAT-inclusive amount is shown before you pay
  • Everywhere else: fees are quoted and charged in US dollars, and any local tax obligations arising in your country are yours to meet

A note on how payouts are usually taxed, which is not the same question. In most European countries, money paid out to you by a proprietary trading firm is treated as business or self-employed income rather than as investment income. Where that is the case, the fees you pay FairFlow are generally deductible against it, and you may have registration or reporting obligations of your own. Whether that applies to you depends on your country, how much you do this, and your personal circumstances.

FairFlow does not provide tax advice. Nothing on this website or in these Terms is tax advice, and no statement by FairFlow should be relied upon in determining your tax position. Obtain advice from a qualified tax adviser in your own jurisdiction before purchasing.

Consumer rights are not affected. If you purchase as a consumer, the statutory rights available to you under the consumer protection law of your country apply in addition to these Terms, and nothing in these Terms limits or excludes them.

4.2 Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws and regulations when using our software. This includes but is not limited to:

  • Trading regulations and securities laws in your jurisdiction
  • Tax reporting and payment obligations
  • Data protection and privacy laws
  • Anti-money laundering (AML) regulations
  • Export control and sanctions regulations

You are solely responsible for determining whether your use of our software is lawful in your jurisdiction. FairFlow excludes any liability for your compliance or non-compliance with applicable laws.

4.3 Accurate Information

You agree to provide accurate, current, and complete information when purchasing a license or communicating with FairFlow. You must promptly update any information to keep it accurate and current.

4.4 Confidentiality

You agree to keep confidential all information provided by FairFlow that is marked as confidential or that would reasonably be considered confidential, including but not limited to software algorithms, trading strategies, and business methods.

5. Payment Terms

5.1 Trial Subscription

FairFlow offers a 30-day initial subscription month for USD 150 (one hundred and fifty US dollars). It provides full access to the FairFlow Automated Trading System for a period of 30 calendar days from activation.

  • Duration: 30 calendar days from the date of activation
  • Price: USD 150, which is the same amount as the ongoing monthly fee in Section 5.2a. It is not a discounted or promotional rate, and the amount does not change at the end of the first month
  • Currency: All FairFlow fees are denominated and charged in US dollars (USD). If you pay from a non-USD account, your bank or card issuer may apply a currency conversion and charge a conversion fee. Any converted amount shown at checkout is an estimate; the USD amount is the contractual price
  • Cancellation: You may cancel during the first month. No further charges will be applied after cancellation, and the USD 150 already paid for that month is non-refundable, subject to the consumer right of withdrawal in Section 5.4a
  • Conversion: At the end of the trial period, you may choose to continue with a full license subscription. If you do not actively choose to continue, the trial will end and no further charges will apply
  • No automatic renewal: The trial does not automatically convert to a paid subscription. You must actively opt in to continue

5.2 License Fees (updated September 9, 2026)

There is no one-time license fee, and FairFlow charges no percentage of your profits. FairFlow charges the monthly fee in Section 5.2a and, from Master Account level, the Performance Licence in Section 5.2b. Those are the only two amounts FairFlow charges. Amounts payable to the funding partner are separate and are dealt with in Section 5.2c. All amounts are quoted and charged in US dollars (USD).

Existing agreements: if you entered into an agreement with FairFlow before September 9, 2026 that included a one-time license fee, the fee terms stated in your original agreement continue to apply for the remainder of that agreement term. This change does not alter any existing agreement without your consent.

5.2a Monthly Fee (effective September 8, 2026)

Continuing to use the FairFlow software after the first month requires a monthly fee of USD 150. This fee covers the operating infrastructure the software runs on, including the AI compute cluster, server hosting, the priority market-data feed, and the FairFlow Gateway for priority trade execution. It does not cover the cost of the account with the funding partner, which you contract and pay for directly with them at every stage, as described in Section 5.2c.

  • Relationship to the first month: the 30-day subscription described in Section 5.1 is the first month of this same fee. It is not a separate promotional rate, and the amount does not increase afterwards
  • Start: the monthly fee continues only if you actively opt in after the first month. Consistent with Section 5.1, the subscription does not automatically renew, and no further fee is charged unless you choose to continue
  • Billing cadence: monthly in advance, on the anniversary of the day your continuing subscription begins
  • Cancellation: you may cancel at any time, effective at the end of the then-current month. There is no minimum term, no cancellation fee, and no penalty. Access continues until the end of the month you have paid for
  • Payable regardless of trading results: the monthly fee is a fee for software and infrastructure, not a share of trading outcomes. It remains due in months where trading produces no profit or a loss
  • Existing agreements: if you entered into an agreement with FairFlow before September 8, 2026, the fee stated in your original agreement continues to apply for the remainder of that agreement term. This change does not alter any existing agreement without your consent

5.2b Performance Licence (updated September 9, 2026)

FairFlow does not charge a percentage of your profits. Once your account reaches Master Account level, continuing to use the software requires a Performance Licence: a fixed price, paid up front, covering a fixed amount of Model Performance. The standard licence is $2,000 covering $6,000 of Model Performance. The figures applying to you are stated in writing in your individual agreement before you commit.

  • Model Performance means the cumulative net trading result the software produces on your account. Winning and losing trades are summed together. A loss reduces the running total, so a losing period does not use up your licence — it moves the total further from the covered amount
  • You buy a quantity of results, not a period of time. The licence has no expiry date. It runs until the covered amount of Model Performance is reached, however long that takes
  • When the licence is used up: once cumulative Model Performance reaches the covered amount, that licence is exhausted. To carry on you buy a further licence. You are never obliged to, and you may stop instead
  • Model Performance is not the same as your payouts. It measures what the software produces on the account. What the funding partner actually pays out to you is governed by their payout caps, profit split, consistency requirements and payout schedule, and will usually be less than, and later than, the Model Performance figure. It is possible to use up a licence before the corresponding money has been paid out to you. See Section 5.2c
  • The price is fixed and known before you pay. FairFlow does not invoice a variable amount after the fact, does not calculate anything from your account balance, and never deducts at source. You buy the licence, or you do not
  • Reporting: FairFlow provides a statement of Model Performance to date against your covered amount on request, and in any event before a further licence is offered
  • Disputes: if you believe a Model Performance figure is incorrect, notify us within 30 days with your reasoning. We will review it against the funding partner's records, which are the reference source, and correct any error
  • If you cancel with cover unused: the licence fee is not refundable, but the unused Model Performance cover is retained and resumes if you return. It is not forfeited and it does not expire. Your statutory right of withdrawal under Section 5.4a is unaffected
  • The monthly fee continues. The Performance Licence is separate from, and additional to, the monthly fee in Section 5.2a, which remains payable
  • Existing agreements: if you entered into an agreement with FairFlow before September 9, 2026, the fee terms stated in your original agreement continue to apply for the remainder of that agreement term. This change does not alter any existing agreement without your consent

What this means in practice. You pay for performance in advance, in blocks. If the software underperforms, your licence is not consumed and you keep what you paid for until it is delivered — but you carry the risk that it may take a long time or may not be delivered at all, and FairFlow keeps the licence fee in the meantime. Whether to buy a further licence is entirely your decision, and it is the point at which you judge whether the software has earned it.

5.2c The Qualification Phase and the Master Account (effective September 9, 2026)

The FairFlow software operates on an account you hold with a third-party funding partner. That account begins as a simulated qualification account: the software trades it in a simulated environment under the funding partner's own risk rules, and no real capital and no payouts are involved at this stage.

  • You pay the funding partner for the account. The account is contracted directly between you and the funding partner at every stage, including the qualification stage, and their charges are payable by you to them. FairFlow does not pay for it, and the monthly fee under Section 5.2a does not include it. FairFlow provides an onboarding code that reduces what the funding partner charges; the applicable amounts are set by the funding partner and stated in the onboarding breakdown provided to you before you commit
  • Qualification is not guaranteed. Whether the account passes the funding partner's rules depends on trading results and on rules set by the funding partner, not by FairFlow. FairFlow does not promise that any account will qualify, reach a Master Account, or produce a payout
  • The Master Account activation fee is payable by you. When a qualification account passes, the funding partner charges a separate one-time activation fee to open the Master Account. That fee is set and charged by the funding partner, is payable by you directly to them, and is not covered by the monthly fee. The amount depends on account size and is stated on the funding partner's own materials
  • Payout conditions are the funding partner's. Payouts are made by the funding partner directly to you and are subject to their conditions, which currently include a minimum number of trading days, a profit threshold, and consistency requirements. FairFlow does not set, control, or guarantee these conditions, and the funding partner may change them
  • If you cancel, the FairFlow software stops operating your account at the end of the period you have paid for. Any account you hold with the funding partner is unaffected and remains a separate contract between you and them, as set out in Section 5.4a. Cancelling FairFlow does not close it or refund anything you have paid them

5.3 Currency Change (effective August 2, 2026)

Prior to August 2, 2026, FairFlow quoted the trial subscription and license fees in euros (EUR). As of that date, all FairFlow fees are quoted and charged in US dollars (USD). If you entered into an agreement with FairFlow before this date, the currency and amount stated in your original agreement continue to apply for the remainder of that agreement term. This change does not alter any existing agreement without your consent.

5.4 Payment Processing

Payments are processed through Stripe (card payments) and Wise (multi-currency bank transfers), our third-party payment processors. By making a payment, you agree to the terms of service and privacy policy of the processor used. FairFlow does not store your credit card information.

5.4a Right of Withdrawal (effective September 8, 2026)

This Section applies if you purchase as a consumer — that is, as a private individual acting for purposes outside your trade, business, craft or profession — and you are resident in the European Union or the United Kingdom. It does not apply to purchases made by a business. It takes precedence over Section 5.5 to the extent the two differ.

You have 14 days to change your mind. You may withdraw from your contract with FairFlow within 14 days, without giving any reason and without penalty. The period runs from the day the contract is concluded.

How to withdraw. Tell us before the 14 days are up, in any clear statement. Email hello@myfairflow.com with your name and the date you signed up. You may use the model form below, but you do not have to, and no particular wording is required. We will acknowledge receipt without delay. Sending your statement before the deadline is enough; it does not matter when it reaches us.

When supply begins. By default FairFlow does not begin supplying the software until the 14-day period has ended, so that your right is unaffected.

Starting immediately, if you ask us to. Most customers want to start straight away, and you may expressly request that we begin during the 14-day period. We ask for that request separately before supply begins, together with your acknowledgement of what it means. If you make it:

  • You keep your right to withdraw for the remainder of the 14 days. Requesting an early start does not waive it
  • You pay for what you actually used. If you withdraw after supply has begun, you owe a proportionate amount of the USD 150 monthly fee, calculated from the day supply began to the day you tell us you are withdrawing. We refund the balance
  • The right ends on full performance. Where the service has been fully performed within the 14 days at your request, your right of withdrawal ends at that point. You acknowledge this when you make the request

If we did not obtain that express request and acknowledgement from you and began supply anyway, you owe nothing for the period supplied and we refund in full.

Refunds. We refund using the same means of payment you used, at no charge to you, within 14 days of being informed of your decision to withdraw.

Your funding-partner account is a separate contract. It is concluded directly between you and the funding partner and is governed by their terms, not ours. Withdrawing from your contract with FairFlow does not by itself close it. Tell us and we will help you unwind it.

Model withdrawal form. To FairFlow LLC, 108 West 13th Street, Wilmington, Delaware 19801, United States, hello@myfairflow.com: “I hereby give notice that I withdraw from my contract for the supply of the following service: [describe]. Ordered on [date]. Name of consumer: [name]. Address of consumer: [address]. Date: [date].”

Nothing in this Section limits the statutory rights you have under the consumer protection law of your own country, as set out in Section 4.1a.

5.5 No Refunds Policy

Subject to the right of withdrawal in Section 5.4a, and to any other mandatory statutory right you have, license fees and subscription fees paid to FairFlow are non-refundable. This includes but is not limited to:

  • Dissatisfaction with software performance
  • Trading losses or lack of profits
  • Early termination by you or FairFlow
  • Technical issues or software downtime
  • Changes in your financial situation or objectives
  • Regulatory changes affecting your ability to trade

By purchasing a license, you acknowledge and accept that no refunds will be provided on these grounds. If you purchase as a consumer in the EU or UK, this Section does not affect your 14-day right of withdrawal under Section 5.4a, which takes precedence.

5.6 License Activation

Your license begins upon signing the Software License Agreement and receipt of the agreed license fee by FairFlow. Software will be provisioned within a reasonable period based on the Rithmic access data you provide.

6. Intellectual Property

All intellectual property rights in and to the FairFlow software, website, documentation, and related materials are owned by FairFlow LLC or its licensors. This includes but is not limited to:

  • Software source code and object code
  • AI models, algorithms, and trading strategies
  • Website design, content, and graphics
  • Trademarks, service marks, and logos
  • Documentation and user guides

Your license does not grant you any ownership rights to the software or any of FairFlow's intellectual property. You receive only the limited license rights expressly stated in these Terms and the Software License Agreement.

You may not use FairFlow's trademarks, logos, or brand elements without our prior written permission.

7. Limitation of Liability

IMPORTANT: Please read this section carefully as it limits FairFlow's liability to you.

7.1 No Liability for Trading Losses

FairFlow LLC is NOT LIABLE for any trading losses, financial damages, or loss of capital arising from your use of our software. Trading involves substantial risk, and you assume all risks associated with your trading activities.

7.2 Disclaimer of Warranties

The software is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of accuracy, reliability, or profitability
  • Warranties that the software will be error-free or uninterrupted
  • Warranties regarding specific trading results or performance

7.3 Limitation of Damages

To the maximum extent permitted by law, FairFlow LLC shall NOT be liable for any:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, or business opportunities
  • Loss of data or goodwill
  • Trading losses or capital loss
  • Costs of substitute goods or services

In any event, FairFlow's total liability to you for all claims arising out of or related to these Terms or your use of the software shall not exceed the amount of license fees you paid to FairFlow.

7.4 User Assumes All Risks

You acknowledge and agree that you use the FairFlow software entirely at your own risk. You are solely responsible for any decisions you make based on the software's output and any resulting consequences.

8. Termination

8.1 Automatic Termination

Your license will automatically terminate at the end of the license period. You must comply with all terms and conditions until the end of the license period.

8.2 Termination for Breach

FairFlow reserves the right to terminate your license immediately, without notice or refund and without prejudice to Section 5.4a, if you breach any provision of these Terms or the Software License Agreement. Violations include but are not limited to:

  • Attempting to modify, reverse engineer, or copy the software
  • Using the software for unauthorized purposes
  • Violating license restrictions
  • Failing to maintain confidentiality
  • Providing false or misleading information

8.3 Effect of Termination

Upon termination of your license:

  • Your right to access and use the software immediately ceases
  • FairFlow may deactivate the software and stop all future updates
  • All license fees paid are non-refundable, subject to Section 5.4a
  • Your confidentiality obligations continue to apply
  • Sections of these Terms that by their nature should survive termination shall continue to apply

9. Force Majeure

FairFlow LLC shall not be liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to:

  • Natural disasters (earthquakes, floods, hurricanes)
  • War, terrorism, or civil unrest
  • Strikes, labor disputes, or lockouts
  • Epidemics, pandemics, or public health emergencies
  • Government actions, regulations, or restrictions
  • Failures of public utilities, internet, or telecommunications
  • Cyberattacks or security breaches beyond our control

During a force majeure event, FairFlow's obligations will be suspended for the duration of the event. We will make reasonable efforts to notify you and resume normal operations as soon as possible.

10. Dispute Resolution

10.1 Governing Law

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict of law principles.

10.2 Jurisdiction

The parties agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be subject to the exclusive jurisdiction of the courts located in Delaware, USA.

Consumers in the EU and UK. Sections 10.1 and 10.2 do not deprive you, if you purchase as a consumer, of the protection of the mandatory law of your country of residence. You may bring proceedings in the courts of your own country of residence, and you may only be sued there. This mirrors Section 20 of the Software Licence Agreement.

10.3 Informal Dispute Resolution

Before filing any legal action, you agree to attempt to resolve any dispute informally by contacting FairFlow at hello@myfairflow.com. We will attempt to resolve disputes in good faith.

10.4 Waiver of Class Action

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

11. Changes to Terms

FairFlow reserves the right to modify, amend, or update these Terms at any time. When we make changes, we will:

  • Update the "Last Updated" date at the top of this page
  • Notify you via email if the changes are material
  • Provide reasonable notice before changes take effect

Your continued use of our services after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using our services.

For existing license holders, changes to Terms will apply to your current license only to the extent permitted by law and the Software License Agreement.

12. Contact Information

If you have any questions about these Terms of Service, please contact us:

FairFlow LLC
108 West 13th Street
Wilmington, Delaware 19801
United States

Email: hello@myfairflow.com

For specific questions about your software license, please refer to your Software License Agreement or contact us at the email address above.

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FairFlow provides software licenses for automated trading systems and does not provide financial advice. Trading futures involves substantial risk of loss. Past performance is not indicative of future results.