These Terms of Service ("Terms") govern your use of kaizen-daytrading.com ("the Site") and the purchase of software products offered by KISSMA LLC ("we", "us", "our"). By using the Site or purchasing our products, you agree to these Terms.

1. Products and Licenses

We sell digital software products (trading indicators and drawing tools) for the NinjaTrader 8 platform. Two license types are available:

  • Lifetime License (one-time purchase): a perpetual, non-expiring, personal, non-transferable license to use the purchased software on your own NinjaTrader 8 installation. "Lifetime" means the license does not expire. It does not by itself promise that new features, new major versions or compatibility with future third-party platform versions will be developed indefinitely, unless we expressly state otherwise. Updates for the purchased product are included for as long as we maintain it.
  • All-Access Plan (annual subscription): a personal, non-transferable license to all tools of the Complete Bundle for as long as the subscription access period is active (see Subscriptions).

License rules for both types:

  • Licenses are for personal use only and may not be redistributed, resold or shared
  • Each license can be activated on up to 2 computers unless a different device limit is expressly stated at the time of purchase. The indicators confirm the license online when NinjaTrader starts and every 24 hours after that; if the license server cannot be reached, they keep working for up to 7 days after the last successful check. You can move a license to a new computer in the customer portal or by contacting support. These rules apply to Lifetime Licenses and the All-Access Plan alike
  • Licenses are activated via license keys delivered to the email address provided at checkout
  • If we permanently discontinue the license-validation service that a valid Lifetime License technically depends on, we will provide a commercially reasonable alternative that lets the valid Lifetime License continue to be used (for example an offline activation or a final build without online validation), unless continued use has become unlawful or technically impossible for reasons outside our reasonable control
  • Nothing in this section limits mandatory rights concerning conformity, updates or digital content under applicable consumer law

2. Payment and Delivery

  • All prices are listed in US Dollars (USD)
  • Payments are processed securely by Stripe
  • License keys and download instructions are delivered via email immediately after successful payment
  • You are responsible for providing a valid email address at checkout

Subscriptions (All-Access Plan)

  • Term and renewal. The All-Access Plan runs for twelve (12) months from the date of purchase and is billed in advance. Unless you cancel before the renewal date, it renews automatically for successive twelve-month terms at the price shown at checkout (or a changed price you have expressly accepted, see below), charged to the payment method on file
  • Consent to recurring billing. We only charge a recurring subscription fee after you have expressly agreed to the recurring billing terms (price, billing frequency, renewal date and how to cancel) before placing your order. You can withdraw that authorization for future charges at any time by canceling online
  • Renewal reminder. We send you a reminder by email at least thirty (30) days before each annual charge, stating the renewal date, the amount and how to cancel
  • Failed payments. If a subscription payment is due and cannot be collected, we may retry it and grant a seven (7) day grace period from the due date. We never suspend access you have already paid for because a payment attempt for a future period failed. If an amount for the current period remains unpaid after the grace period, we may suspend access to the All-Access Plan until it is paid, and we restore access promptly after successful payment
  • Price changes. We may propose a different subscription price for future billing periods. We will notify you by email at least thirty (30) days before it would take effect, stating the current price, the new price, the effective date and how to cancel. We will not charge you a higher recurring price unless you have expressly accepted it; if you do not accept, we continue at the existing price or end the subscription at the earliest time permitted by these Terms and applicable law. Silence is not consent to a higher price

Cancellation

You can cancel the All-Access Plan online at any time on our cancellation page (also linked in the footer of every page and in your license email), in the customer portal, or by email to support@kaizen-daytrading.com.

A valid online cancellation immediately stops future renewal charges. We promptly send you an electronic confirmation stating when we received the cancellation and the date on which your subscription ends. We do not require you to contact a live representative, give a reason for an ordinary cancellation, or complete any step that obstructs or delays cancellation.

Cancellation stops the subscription at the end of the paid twelve-month term; all tools keep working until then. Fees already paid for the current term are not refunded, except under the money-back guarantee in section 3 or where mandatory consumer law provides otherwise.

3. Refund Policy

Lifetime Licenses: 30-day voluntary money-back guarantee. In addition to any statutory rights, a Lifetime License purchase is covered by a voluntary thirty (30) day money-back guarantee from the date of purchase. Contact support@kaizen-daytrading.com within that period and we refund the purchase price; the refunded license is deactivated.

All-Access Plan: 7-day voluntary money-back guarantee on the first payment. In addition to any statutory rights, your first payment for the All-Access Plan (and for other subscription products such as Kaizen RegimeBot) is covered by a voluntary seven (7) day money-back guarantee from the date of purchase. If you request a refund within that period, we refund the initial subscription fee and end the subscription and license.

These voluntary guarantees do not limit, replace, shorten or waive any statutory withdrawal, cancellation, conformity, refund or other consumer right that applies to you.

3a. Right of Withdrawal (consumers in the EU/EEA)

If you are a consumer in the European Union or the EEA, you may have a statutory 14-day right of withdrawal. For digital content that is not supplied on a tangible medium, this right expires once we have begun providing the content at your express request and with your acknowledgement that you thereby lose the right of withdrawal. We ask for that request and acknowledgement at checkout and repeat it in your order confirmation. Where part of the All-Access Plan is a service (the ongoing license service), the right of withdrawal for that service expires only as provided by applicable law. During the withdrawal period you can withdraw by email to support@kaizen-daytrading.com; we confirm receipt immediately.

4. Acceptable Use

You agree not to:

  • Reverse engineer, decompile, or disassemble our software
  • Redistribute, share, or resell license keys or software files
  • Use the software for any unlawful purpose
  • Attempt to circumvent license key protection mechanisms

5. Intellectual Property

All software, content, graphics, and trademarks on the Site are the property of KISSMA LLC or its licensors. Your purchase grants you a license to use the software; it does not transfer ownership of the intellectual property.

6. Disclaimer

Our software products are analytical tools designed to visualize market data. They are not financial advice. We do not provide trading signals, recommendations, or investment advice. Trading futures and other financial instruments involves substantial risk of loss. See our Risk Disclosure for more information.

Our software is provided "as is" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

7. Limitation of Liability

To the maximum extent permitted by applicable law, KISSMA LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of the Site or our products. Our total liability for any claim arising from or related to these Terms shall not exceed the amount you paid for the specific product giving rise to the claim.

8. Governing Law and Mandatory Consumer Rights

Nothing in these Terms excludes, restricts or waives any right or remedy that cannot lawfully be excluded under applicable consumer law. If you are a consumer and the mandatory law of the country in which you habitually reside gives you greater rights concerning withdrawal, cancellation, renewal, refunds, conformity, updates, digital content or contract termination, those rights prevail over these Terms.

These Terms are governed by the laws of the United States and of the state in which KISSMA LLC is organized, without regard to conflict-of-laws rules. If you are a consumer, this choice of law does not deprive you of the mandatory protection of the law of the country in which you habitually reside, and nothing in these Terms requires you to bring a claim exclusively in a United States court where applicable law gives you the right to sue elsewhere.

9. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated "Last updated" date. Continued use of the Site after changes constitutes acceptance of the revised Terms.

10. Contact

For questions regarding these Terms:

KISSMA LLC
Email: support@kaizen-daytrading.com