Terms & Conditions

1. Acceptance of Terms

By purchasing and using ONYX NIGHTSHADE products and services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you may not use our services. ONYX NIGHTSHADE is an independent algorithmic trading software project operating out of Vancouver, British Columbia, Canada.

2. Eligibility

Our services are intended for individuals who are at least 18 years of age (or the age of majority in their province or country of residence, if higher) and who have the legal capacity to enter into a binding agreement. By using our services, you confirm that you meet these requirements and that your use of algorithmic trading tools complies with the laws and regulations applicable to you, including any rules of your broker or regulator.

3. License Agreement

Upon purchase, you are granted a limited, non-exclusive, non-transferable license to use the trading robot software. This license is for your personal use only and may not be shared, sold, or distributed to third parties.

4. Trading Risks and No Investment Advice

Trading in financial markets involves substantial risk of loss and is not suitable for every investor. ONYX NIGHTSHADE does not guarantee profits, and past performance — including any win rate, backtest, or historical figures shown on this website — is not indicative of future results. Nothing on this website or provided through our software constitutes financial, investment, legal, or tax advice, and ONYX NIGHTSHADE is not a registered investment adviser, broker-dealer, or securities dealer in British Columbia or any other jurisdiction. You are solely responsible for your own trading decisions and should only trade with money you can afford to lose. We recommend consulting a licensed financial advisor before making trading decisions.

5. Free Trial, Refunds and Performance Warranty

New accounts may be eligible for a 7-day free trial, which does not require payment. Because our products are digital and license activation grants immediate access to the software, purchases are non-refundable once a paid license has been activated, except where required by applicable law. If the software does not perform as described in our advertised specifications, you may contact our support team within 30 days of your purchase to request an evaluation under our performance warranty; approved cases may be resolved through a license adjustment, credit, or other remedy at our discretion. This section does not limit any rights you may have under applicable consumer protection legislation in British Columbia.

6. Prohibited Uses

You may not reverse engineer, decompile, or disassemble the software. You may not use the software for any illegal purpose or in violation of any applicable laws or regulations.

7. Termination

We may suspend or terminate your account and license if you breach these Terms, misuse the software, or engage in fraudulent or unlawful activity. You may stop using our services and cancel your license at any time. Sections of these Terms that by their nature should survive termination — including trading risk disclosures, limitation of liability, and governing law — will continue to apply.

8. Limitation of Liability

ONYX NIGHTSHADE shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our services or any trading activities, including but not limited to trading losses, loss of profits, or loss of data, even if we have been advised of the possibility of such damages. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law in British Columbia.

9. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You agree that any dispute arising from these Terms or your use of our services will be subject to the exclusive jurisdiction of the courts located in British Columbia, Canada.

10. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

11. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Continued use of our services after changes are posted constitutes acceptance of the updated Terms.

12. Contact

For questions about these Terms, contact us at info@onyxnightshade.com.