Disclosure Statement for Trader's Opening Edge

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Risk Disclosure

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Futures trading, including NASDAQ-100 E-mini futures (NQ), carries a high degree of risk and is not suitable for all investors. There is a substantial risk of loss, and you may lose more than your initial investment. Past performance, including the historical retracement data utilized by Trader's Opening Edge (e.g., 72% probability of price retracing to the current candle’s opening price after an early sweep, as derived from NQ Stats’ 2014–2024 dataset), is not indicative of future results. No representation is made that any account will achieve profits or losses similar to those shown in historical or hypothetical performance results. The performance of Trader's Opening Edge (the “Bot”), a NinjaTrader-compatible automated trading tool, is subject to market conditions, user configurations, and other factors beyond our control. Users are solely responsible for evaluating the risks and suitability of the Bot for their financial situation.

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No Financial Advice

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JenNTonic and Trader's Opening Edge are not registered as a Commodity Trading Advisor (CTA) or Commodity Pool Operator (CPO) unless explicitly stated otherwise. The Bot is a software tool designed to automate trade entries and exits based on proprietary models, leveraging retracement probabilities from NQ Stats’ hourly statistics (https://nqstats.com/hour-stats). It is not intended to provide personalized investment advice or recommendations. Users must exercise independent judgment and discretion when using the Bot’s signals or automating trades. Consult a qualified financial advisor before engaging in futures trading or using Trader's Opening Edge.

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Performance and Data Limitations

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Trader's Opening Edge relies on historical statistical data, which analyzes price behavior in NQ futures across multiple timeframes (15-minute, 1-hour, 4-hour, and daily candles) during the New York session and other market sessions. While the data indicates probabilities (e.g., 72% for early-hour retracements, 47% for mid-hour sweeps), these are based on past market conditions and may not predict future performance. Users are responsible for backtesting and validating the Bot’s settings in NinjaTrader’s simulation environment to ensure compatibility with their trading strategies and current market conditions. JenNtonic makes no warranties, express or implied, regarding the accuracy, reliability, or effectiveness of Trader's Opening Edge or the NQ Stats data.

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No Refund Policy

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All purchases or subscriptions for Trader's Opening Edge are final and non-refundable. By purchasing or subscribing to the Bot, you acknowledge and agree that no refunds will be issued for any reason, including but not limited to dissatisfaction with performance, technical issues, or changes in personal circumstances. Payments for subscriptions are processed as outlined in the Terms of Service, and users are responsible for reviewing pricing and billing terms before purchase.

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Subscription Cancellation

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Subscriptions to Trader's Opening Edge may be canceled at any time by the user through the designated account management portal.   Cancellation will take effect at the end of the current billing cycle, and no further charges will be incurred after cancellation. No prorated refunds will be provided for partial billing periods. Users remain responsible for any outstanding fees accrued before cancellation.

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Regulatory Compliance

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JenNtonic strives to comply with all applicable regulations, including those enforced by the Commodity Futures Trading Commission (CFTC) and the National Futures Association (NFA). Trader's Opening Edge is designed as a tool for traders to use at their discretion and does not manage client funds or execute trades without user authorization. Users are responsible for ensuring their use of the Bot complies with applicable laws and regulations in their jurisdiction. Hypothetical or simulated performance results have inherent limitations, as they do not reflect actual trading and may not account for market liquidity, slippage, or other real-world factors. Under CFTC Regulation 4.41, hypothetical performance results are presented with the understanding that no actual trading occurred, and results may be overstated due to these limitations.

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Data Privacy and Security

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JenNtonic is committed to protecting user data following applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) for EU residents and the California Consumer Privacy Act (CCPA) for California residents. User data collected by Trader's Opening Edge (e.g., trading preferences, account settings) is encrypted and securely stored. Please refer to our Privacy Policy for details on data collection, use, and protection practices.

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Intellectual Property and Data Usage

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Trader's Opening Edge incorporates data from NQ Stats (https://nqstats.com/hour-stats) under appropriate licensing agreements (if applicable). Users are prohibited from reverse-engineering, modifying, or redistributing the Bot’s software or algorithms. JenNtonic reserves all rights to its intellectual property.

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Limitation of Liability

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To the fullest extent permitted by law, JenNtonic and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of Trader's Opening Edge, including but not limited to losses incurred from trading decisions, technical failures, or reliance on the Bot’s signals or NQ Stats data. Users assume all risks associated with the use of the Bot. 

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Acknowledgment

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By purchasing, subscribing to, or using Trader's Opening Edge, you acknowledge that you have read, understood, and agree to be bound by this disclosure, the Terms of Service, and the Privacy Policy. You further acknowledge the risks of futures trading and that no refunds will be provided.

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