Terms of Service

PHAZTECH LLC — TERMS OF SERVICE
Last Updated: 09/04/2026

 

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1. ACCEPTANCE OF TERMS
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These Terms of Service (“Terms”) govern your access to and use of the software products,
license keys, and related services (collectively, the “Services”) offered by Phaztech LLC
(“Phaztech,” “we,” “us,” or “our”). By purchasing, downloading, installing, or using any
Phaztech product, you agree to be bound by these Terms. If you do not agree, do not
purchase or use the Services.

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

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2. OUR SERVICES
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Phaztech develops and licenses technical/cyclic analysis indicators written in EasyLanguage
for use with TradeStation trading platform software (“Indicators”), along with a
supporting license-verification component (“LicenseCheck.dll”) and related documentation
and files (collectively with the Indicators, the “Products”). Products are sold
individually or as bundles, and are activated using a unique license key tied to your
purchase.

The information and Products provided through the Services are not intended for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation, or which would subject Phaztech
to any registration requirement within such jurisdiction. If you choose to access the
Services from other locations, you do so on your own initiative and are solely responsible
for compliance with local laws, to the extent applicable.

The Services are technical analysis tools only. Phaztech is not a broker-dealer, investment
advisor, or financial institution, and does not provide brokerage, custody, or investment
advisory services.

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3. INTELLECTUAL PROPERTY RIGHTS
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3.1 Our Intellectual Property. Phaztech is the owner or licensee of all intellectual
property rights in the Services, including all source code, indicator files, LicenseCheck.dll,
website content, documentation, and designs (collectively, the “Content”), as well as the
Phaztech name, logo, and any other trademarks or service marks used in connection with the
Services (the “Marks”). The Content and Marks are protected by copyright, trademark, and
other intellectual property laws in the United States and internationally.

3.2 Your Use of the Products. Use of the Indicators and LicenseCheck.dll themselves is
governed by the separate End User License Agreement (“EULA”), which is incorporated into
these Terms by reference. Except as permitted by the EULA or elsewhere in these Terms, no
part of the Content or Marks may be copied, reproduced, republished, distributed, sold,
licensed, or otherwise exploited for any commercial purpose without our express prior
written permission. Any breach of this Section constitutes a material breach of these Terms
and will result in immediate termination of your right to use the Services.

3.3 Your Submissions. If you send us any question, comment, suggestion, feature request, or
other feedback about the Services (“Submissions”), you agree that Phaztech may use and
incorporate that feedback for any purpose, commercial or otherwise, without acknowledgment
or compensation to you. You represent that your Submissions are your own original ideas (or
that you have the rights to share them) and do not violate any third party’s rights.

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4. USER REPRESENTATIONS
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By using the Services, you represent and warrant that: (1) you have the legal capacity to
agree to these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3)
you will not access the Services through automated or non-human means (bots, scripts, or
similar); (4) you will not use the Services for any illegal or unauthorized purpose; and (5)
your use of the Services will not violate any applicable law or regulation.

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5. ELIGIBILITY AND INTERNATIONAL USE
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You must be at least 18 years old (or the age of legal majority in your jurisdiction, if
higher). We sell to customers internationally, in any country supported by our payment
processing partner at the time of your purchase. You are responsible for ensuring that your
purchase, possession, and use of the Products complies with the laws of your own
jurisdiction, including any restrictions on the use of trading/technical-analysis software.

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6. PURCHASES, PAYMENT, AND SALES TAX
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6.1 Payment Processing. All purchases are processed through Whop (“Whop”), our third-party
commerce platform. Whop acts as merchant of record solely for purposes of card network
rules and payment settlement. Phaztech remains responsible for order fulfillment, license
issuance, product support, and (except as noted below) refunds, disputes, and chargebacks,
per Whop’s own seller terms.

6.2 Recurring Charges. If you purchase a subscription-tier Product, you authorize Phaztech
(via Whop) to charge your chosen payment method on a recurring basis at the then-current
price, without requiring your prior approval for each individual recurring charge, until you
cancel. You agree to keep your payment information current so charges can be processed and
so we can contact you as needed regarding your account.

6.3 Billing Issues. Questions about a specific charge, your payment method, or a receipt
should be directed to Whop’s own customer support. Questions about your license, the
Products themselves, or technical support should be directed to support@phaztech.com.

6.4 Sales Tax / VAT. Where applicable, sales tax, VAT, or similar transaction taxes are
collected and remitted on our behalf by Whop through its tax collection service.

6.5 Pricing and Order Refusal. Prices are as stated at checkout at the time of purchase and
are subject to change for future purchases at any time; changes do not affect a purchase
already completed. We reserve the right to correct pricing errors even after an order is
placed, and to refuse or limit any order in our sole discretion, including orders that
appear intended for unauthorized resale or redistribution.

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7. LICENSE TO USE THE PRODUCTS
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Your purchase grants you a license to use the Indicator(s) and LicenseCheck.dll you
purchased, subject to the EULA. In the event of a conflict between these Terms and the EULA
regarding use of the software itself, the EULA controls.

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8. NO REFUNDS
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All sales are final. See our separate Refund Policy for full details. By completing a
purchase, you acknowledge and agree to that policy.

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9. PROHIBITED ACTIVITIES
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You may not access or use the Services for any purpose other than that for which we make
them available. In connection with your use of the Services, you agree not to:
(a) circumvent, disable, or otherwise interfere with any license verification or other
security-related feature of the Products, including any feature that enforces the
device limit or entitlement scope of your license;
(b) reverse engineer, decompile, or disassemble any part of the Products, except to the
extent such restriction is prohibited by applicable law;
(c) copy, reproduce, resell, sublicense, share, or otherwise redistribute the Products or
your license key to any third party;
(d) use any automated system (bot, scraper, script, or similar) to access the Services or
collect data from them, other than standard search engine or browser use;
(e) attempt to gain unauthorized access to our license server, other users’ accounts, or
any part of the Services;
(f) impersonate any person or entity, or misrepresent your affiliation with any person or
entity;
(g) upload or transmit viruses, malware, or other harmful code in connection with the
Services;
(h) use the Services to build a competing product, or use the Products for any
revenue-generating purpose beyond your own personal or internal trading/analysis use;
(i) harass, threaten, or abuse Phaztech’s staff or agents; or
(j) use the Services in any manner that violates applicable law.

Violation of this Section may result in immediate suspension or termination of your license
without refund, in addition to any other remedies available to Phaztech at law or in equity.

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10. TRADING RISK DISCLAIMER — PLEASE READ CAREFULLY
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10.1 Not Financial Advice. The Products are technical/cyclic analysis tools intended to
assist with the analysis of market data. Nothing provided by Phaztech — including the
Indicators, any documentation, tutorials, marketing materials, or communications from
Phaztech — constitutes financial, investment, trading, tax, or legal advice, or a
recommendation to buy, sell, or hold any security, commodity, currency, or other financial
instrument.

10.2 No Guarantee of Results. Trading and investing in financial markets involves
substantial risk of loss and is not suitable for every person. Past performance of any
Indicator, strategy, or methodology — whether presented in hypothetical, simulated,
backtested, or actual historical form — is not indicative of future results. Hypothetical
or simulated performance results have inherent limitations and do not represent actual
trading; no representation is made that any account will or is likely to achieve profits or
losses similar to those shown.

10.3 Your Sole Responsibility. You are solely responsible for your own trading and
investment decisions, including your decision to use, rely on, or act upon any output of
the Products. You should consult a qualified, licensed financial professional before making
trading or investment decisions. Phaztech does not know your individual financial
circumstances, objectives, or risk tolerance, and the Products are not tailored to any
individual’s situation.

10.4 Third-Party Platform. The Products are designed to run within TradeStation, a
third-party trading platform not owned or operated by Phaztech. Phaztech is not responsible
for the performance, availability, accuracy, or reliability of TradeStation or any market
data it provides.

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11. DISCLAIMER OF WARRANTIES
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THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PHAZTECH DOES NOT WARRANT
THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT THE PRODUCTS WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS, INCLUDING WITH RESPECT TO TRADING PERFORMANCE OR
PROFITABILITY. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

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12. LIMITATION OF LIABILITY
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHAZTECH, ITS OWNERS,
EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR TRADING LOSSES, ARISING OUT OF
OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF PHAZTECH HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PHAZTECH’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF
OR RELATED TO THE SERVICES EXCEED THE AMOUNT YOU ACTUALLY PAID PHAZTECH FOR THE SPECIFIC
PRODUCT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of
the above limitations may not apply to you.

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13. INDEMNIFICATION
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You agree to indemnify, defend, and hold harmless Phaztech and its owners, employees, and
contractors from any claims, damages, losses, liabilities, and expenses (including
reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b)
your violation of these Terms or the EULA; (c) your violation of any law or the rights of
any third party; or (d) any breach of the representations and warranties in Section 4.

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14. SERVICES MANAGEMENT, MODIFICATIONS, AND INTERRUPTIONS
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We reserve the right, but not the obligation, to monitor use of the Services for violations
of these Terms and to take appropriate action, including suspending or terminating access
and, where warranted, reporting unlawful conduct to law enforcement.

We may change, modify, update, suspend, or discontinue all or part of the Services at any
time, for any reason, without notice or liability to you. We cannot guarantee the Services
(including our license validation server) will be available at all times — we may
experience downtime for maintenance or due to circumstances beyond our reasonable control
— and we will have no liability for any loss or inconvenience caused by such downtime or
discontinuance.

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15. CORRECTIONS
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The Services may contain typographical errors, inaccuracies, or omissions, including in
pricing, product descriptions, or availability. We reserve the right to correct any such
errors and to update information on the Services at any time, without prior notice.

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16. TERMINATION
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We may suspend or terminate your license and access to the Services, with or without
notice, for any reason, including violation of these Terms, the EULA, or the Refund Policy
— for example, attempting to circumvent, reverse engineer, or defeat the license
verification mechanism, or sharing, reselling, or redistributing your license key without
authorization.

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17. ELECTRONIC COMMUNICATIONS AND SIGNATURES
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Purchasing through the Services, and communicating with us by email, constitute electronic
communications. You consent to receive communications from us electronically, and you agree
that all agreements, notices, disclosures, and other communications we provide to you
electronically satisfy any legal requirement that such communications be in writing. You
agree to the use of electronic signatures, license keys, order confirmations, and other
records, and to electronic delivery of notices and records of transactions, to the fullest
extent permitted by applicable law.

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18. CALIFORNIA USERS AND RESIDENTS
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If you are a California resident and a complaint with us is not satisfactorily resolved,
you may contact the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

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19. CHANGES TO THESE TERMS
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We may update these Terms from time to time. Material changes will be reflected by an
updated “Last Updated” date. Continued use of the Products after changes take effect
constitutes acceptance of the revised Terms.

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20. GOVERNING LAW AND DISPUTES
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These Terms are governed by the laws of the State of North Carolina, United States, without
regard to its conflict-of-laws principles, regardless of your country or state of
residence. Any dispute arising out of or relating to these Terms or the Products shall be
subject to the exclusive jurisdiction of the state and federal courts located in North
Carolina, and you consent to personal jurisdiction in those courts.

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21. MISCELLANEOUS
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These Terms, together with the EULA, Privacy Policy, and Refund Policy, constitute the
entire agreement between you and Phaztech regarding the Services. Our failure to enforce
any right or provision of these Terms is not a waiver of that right or provision. We may
assign our rights and obligations under these Terms at any time. We are not liable for any
failure or delay caused by circumstances beyond our reasonable control. If any provision of
these Terms is found unenforceable, the remaining provisions remain in full force and
effect. Nothing in these Terms creates a partnership, joint venture, employment, or agency
relationship between you and Phaztech.

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22. CONTACT
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Phaztech LLC
support@phaztech.com