PONO TRADING LLCTERMS OF SERVICE

Effective Date: 2025-12-17

1. AGREEMENT TO TERMS

Welcome to Pono Trading LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Pono Trading LLC, a Hawaii limited liability company, governing your access to and use of our website, products, services, and educational materials (collectively, the "Services").

By accessing our website, purchasing our products, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any provision of these Terms, you must immediately discontinue use of our Services.

We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Services after any modifications constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Age Requirement

You must be at least 18 years of age (or the age of majority in your jurisdiction) to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

2.2 Account Information

If you create an account with us, you agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Keep your login credentials confidential and secure
Notify us immediately of any unauthorized access to your account
Accept responsibility for all activities that occur under your account

You are solely responsible for safeguarding your password. We recommend using strong passwords and exercising caution when accessing your account from shared or public computers.

2.3 Account Access

We reserve the right to restrict, suspend, or terminate your account at any time, with or without notice, if we believe you have violated these Terms or engaged in any conduct that we deem inappropriate or harmful.

3. DESCRIPTION OF SERVICES

Pono Trading LLC provides:

Proprietary technical indicators and analysis tools for TradingView and NinjaTrader platforms
Educational materials, courses, and content related to trading and technical analysis
Trading methodologies, setup identification techniques, and risk management strategies
Market commentary, analysis, and general trading education
Community resources and support materials

All Services are provided for educational and informational purposes only and do not constitute financial, investment, or trading advice.

4. PURCHASES AND PAYMENTS

4.1 Product Pricing

All prices for our products and services are listed in U.S. Dollars unless otherwise specified. We reserve the right to modify pricing at any time without notice. Price changes will not affect existing subscriptions until renewal.

4.2 Payment Terms

By purchasing any product or service, you agree to provide current, complete, and accurate payment information. You authorize us to charge your designated payment method for all fees incurred.

4.3 Subscription Services

For recurring subscription services:

Subscriptions automatically renew unless cancelled prior to the renewal date
You will be charged at the then-current subscription rate
Renewal reminders will be sent prior to billing, but it is your responsibility to manage your subscription
Cancellations must be completed before the renewal date to avoid charges

4.4 Refund Policy

PLEASE READ CAREFULLY:

All sales are final. We generally do not offer refunds once a purchase is made.

1. General "No Refund" Policy:

Except as expressly provided in the "Trial Period Exception" below, all purchases of our products, services, and subscriptions are final and non-refundable. This policy applies regardless of your usage levels, trading results, or satisfaction with the service.

2. Trial Period Exception:

The ONLY exception to our standard "No Refund" policy applies strictly to products that explicitly advertise a trial period (typically 7 days) at the point of sale. For such products:

You are eligible for a refund ONLY if you request it within the specified trial period duration.
Once the trial period expires, the sale is considered final, and no refunds will be issued.
It is your sole responsibility to cancel your subscription or request a refund before the trial period ends.

3. Subscription Renewals:

Subscription renewals are non-refundable. You must cancel your subscription before the renewal date to avoid being charged for the next billing cycle. We do not provide refunds for partial subscription periods or for accidental renewals.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Our Content

All content, features, and functionality available through our Services, including but not limited to: trading indicators, software code, educational materials, website design, and branding materials are owned exclusively by Pono Trading LLC or our licensors and are protected by United States and international intellectual property laws.

5.2 Limited License

These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal or professional trading purposes and view educational content for your own learning.

5.3 Restrictions

You are expressly prohibited from copying, modifying, reverse engineering, distributing, selling, or creating derivative works from our intellectual property. Any unauthorized use is a material breach of these Terms.

6. TRADEMARKS AND THIRD-PARTY PLATFORMS

"Pono Trading," the Pono Trading logo, and all related product names are trademarks of Pono Trading LLC. TradingView® and NinjaTrader® are registered trademarks of their respective owners and have no affiliation with Pono Trading LLC.

7. RISK DISCLOSURES AND DISCLAIMERS

TRADING INVOLVES SUBSTANTIAL RISK OF LOSS.

All Services are for educational purposes only and are not financial advice. Pono Trading LLC is not a registered investment advisor. Past performance does not guarantee future results. You are responsible for all your trading decisions.

8. PROHIBITED USES

You agree not to use our Services for any unlawful purpose, including infringing on intellectual property, transmitting viruses, attempting unauthorized access, or distributing our products without authorization. Violation may result in immediate termination of your access.

9. DISCLAIMERS AND LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

10. INDEMNIFICATION

You agree to indemnify and hold harmless Pono Trading LLC from any claims arising from your use of our Services or violation of these Terms.

11. ACCURACY AND UPDATES TO INFORMATION

We do not guarantee the accuracy or completeness of any information and are under no obligation to update it. You are responsible for verifying information before making trading decisions.

12. USER CONDUCT AND CONTENT

You are responsible for your trading decisions and any content you submit. You may not post illegal, fraudulent, or infringing content.

13. TERM AND TERMINATION

These Terms are effective while you use our Services. We may terminate your access at any time for any reason, including breach of these Terms. Upon termination, your right to use the Services ceases immediately.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 Governing Law

These Terms and your use of our Services shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of law provisions.

14.2 Jurisdiction and Venue

Any dispute arising out of or related to these Terms or the Services shall be brought exclusively in the state or federal courts located in Hawaii, and you hereby consent to the jurisdiction and venue of such courts.