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Please Read This Information Carefully
 

These Terms of Use, Risk Disclosure and Legal Disclaimer apply to the Max the Machine website, software, documentation, technical support and related materials provided by Strategic Trading International Pty Ltd ACN 661 869 370, trading as Max the Machine (“MAX”, “we”, “us” or “our”).

By accessing this website, purchasing, downloading, installing, activating or using MAX software, or using any related documentation or technical support, you acknowledge and agree to the terms, disclosures and limitations set out below.
 

If you do not agree with these terms, you should not purchase, install, activate or use MAX.
 

Nature of MAX

Max the Machine is a software development and automated trading technology business.

Strategic Trading International Pty Ltd develops and licenses proprietary, rules-based trading software designed for use with compatible third-party trading platforms.

MAX is supplied as client-controlled software.

The software is downloaded or installed by the user on the user's own computer, VPS or other compatible environment and is connected by the user to a trading account selected and controlled by the user.

The user retains control over:

• whether the software is installed;

• whether automated trading is enabled;

• the trading account on which the software is used;

• configurable trading parameters;

• risk and money-management settings;

• available strategy or software options;

• stop-loss and take-profit settings where available;

• equity, account and other protective settings where available;

• when the software is activated, paused or removed; and

• whether trading is continued.

The availability of particular settings or functions may vary between software versions and licence plans.
 

No Account Management or Trading Authority

Strategic Trading International Pty Ltd does not manage client trading accounts.

We do not have discretionary authority over a client's trading account and we do not independently decide whether a particular client should enter, maintain or close an individual trade.

We do not require or retain a broker password, trading password, API credential or other security credential that would allow us to log into and operate a client's brokerage account.

We do not remotely place, modify or close trades in a client's account.

We do not have a power of attorney or other authority to trade on behalf of a client.

Once installed and activated by the user, MAX operates through the user's own trading platform according to the software configuration and settings selected or accepted by the user.

Any trading instructions generated by the software are processed within the user's own trading environment and through the user's independently selected broker or trading provider.

The user may disable automated trading, change permitted settings or remove the software at any time, subject to the normal operation of the relevant trading platform.
 

No Custody of Client Funds

Strategic Trading International Pty Ltd and Max the Machine do not hold, pool, receive, transfer, invest or take custody of client trading funds.

Trading capital remains in an account held in the client's own name with the client's independently selected broker or trading provider.

Deposits and withdrawals are made directly between the client and their broker or financial institution.

MAX does not control client deposits or withdrawals.
 

Regulatory Status and General Information

Strategic Trading International Pty Ltd does not hold an Australian Financial Services Licence.

MAX is supplied as a software product together with associated technical documentation and technical support.

We do not provide personalised financial advice, portfolio management, discretionary account management or managed investment services.

We do not assess a user's personal objectives, financial situation or needs for the purpose of recommending a financial product or determining an appropriate investment strategy for that person.

Information provided through our website, documentation, demonstrations, emails, presentations and customer support is intended to explain MAX, its operation, its features and related general information.

Nothing communicated by us should be interpreted as a personal recommendation that you acquire, hold, dispose of or trade a particular financial product.

Users should obtain independent financial, legal, taxation or other professional advice where appropriate.
 

User-Controlled Settings

MAX contains configurable settings that may affect trading activity, position size, trading frequency, risk and overall performance.

The user is responsible for understanding and selecting the settings they choose to use.

Where software is supplied with pre-set or default values, those values form part of the software's standard technical configuration.

A default software setting should not be interpreted as a recommendation that the setting is suitable for a particular person, account balance, financial situation, risk tolerance or trading objective.

We may explain:

• what a setting does;

• its available range;

• how it interacts with other software functions;

• how to change it;

• the standard value supplied with a software version; and

• the technical consequences of enabling or disabling a feature.

The decision to use a particular setting remains with the user.
 

Technical Support Only

Customer support provided in connection with MAX is limited primarily to software installation, activation, operation, troubleshooting and explanation of software functionality.

Technical support may include assistance with matters such as:

• installing MAX;

• attaching the software to a compatible trading platform;

• locating and changing settings;

• explaining software functions;

• resolving installation or activation problems;

• licence validation;

• software updates; and

• troubleshooting technical issues.

Technical support does not involve assessing your personal financial circumstances or determining what trading strategy, account size, risk percentage or investment approach is appropriate for you.

Where assistance with installation is provided by screen sharing or another technical support method, the user remains responsible for their computer, trading platform and brokerage credentials.

Users should not disclose broker passwords or other credentials that would enable another person to trade their account.
 

Automated Trading Risk

MAX is automated trading software.

When enabled by the user, the software may identify conditions specified by its trading logic and automatically cause trades to be opened, modified or closed through the user's trading platform.

Automated trading does not remove trading risk.

Foreign exchange, contracts for difference, derivatives, leveraged products and other financial markets can involve substantial risk.

Losses may occur quickly and may be substantial.

Factors that may affect results include, but are not limited to:

• market volatility;

• liquidity;

• leverage;

• broker execution;

• spreads;

• commissions;

• slippage;

• price gaps;

• execution delays;

• internet interruptions;

• VPS or computer failures;

• trading-platform failures;

• broker outages;

• differences in price feeds;

• user settings;

• deposits and withdrawals;

• account balance;

• margin requirements;

• abnormal market events; and

• software or third-party technology failures.

You should not use trading capital unless you understand and accept the possibility of loss.
 

Risk-Management Features

MAX may include technical risk-management functions such as stop-loss settings, take-profit settings, position sizing, equity limits, daily limits, strategy controls or other protective functions.

These functions are designed as software tools and do not guarantee that losses will be prevented or limited to a particular amount.

Risk-management functions can be affected by matters outside the software's control, including market gaps, slippage, extreme volatility, broker execution, insufficient liquidity, platform outages and communication failures.

The user remains responsible for selecting, reviewing and maintaining their own software configuration.
 

Performance Information

Any performance information displayed by MAX is provided for general informational and illustrative purposes.

Performance information may include:

• historical results;

• software testing;

• backtesting;

• simulated or hypothetical results;

• demonstration accounts;

• live trading results;

• account examples;

• charts;

• screenshots;

• case studies; or

• statistical analysis.

Where results are based on backtesting, simulation or historical modelling, they do not represent actual trading under all of the conditions that would have existed in a live trading account.

Backtested and simulated results may incorporate assumptions about spreads, execution, slippage, liquidity and other variables and may benefit from information available after the relevant historical period.

Actual trading results can differ materially.

Results may also vary according to software version, settings, broker, account currency, account size, leverage, spreads, commissions, execution quality, market conditions and other factors.

Past performance and simulated performance are not reliable indicators of future performance.

No historical, backtested, simulated or live result should be interpreted as a promise, forecast, guarantee or assurance of future performance.
 

No Guaranteed or Predicted Returns

MAX does not guarantee any level of profit, return, income or trading performance.

We do not represent that a user will achieve a particular percentage return or particular level of profit.

Trading performance can be positive or negative and may vary materially from historical or simulated results.

No user should purchase or use MAX on the assumption that a particular return will be achieved.
 

Broker and Trading Account

The user is responsible for selecting and establishing their own relationship with a broker or trading provider.

Strategic Trading International Pty Ltd is not a party to the agreement between the user and their broker unless expressly disclosed otherwise.

The user is responsible for:

• determining whether a broker is appropriate for them;

• reviewing the broker's legal and regulatory status;

• reviewing the broker's fees and trading conditions;

• establishing and maintaining the trading account;

• maintaining sufficient margin;

• making deposits and withdrawals;

• complying with broker requirements; and

• maintaining the security of their account credentials.

MAX does not guarantee the performance, solvency, reliability or regulatory compliance of any third-party broker.

Third-Party Platforms and Services

MAX may operate in conjunction with third-party software or services including trading platforms, brokers, VPS providers, payment processors, analytics providers, website services and communication systems.

These services are outside our direct control.

We do not guarantee that any third-party service will remain available, compatible, secure, uninterrupted or unchanged.

Third-party providers may alter their software, technical requirements, fees, execution methods, trading conditions or access rules without our approval.

Users are responsible for reviewing the applicable terms and conditions of third-party services they choose to use.
 

Licence Validation and Technical Restrictions

MAX may contain software licence protection, expiry controls, account validation, permitted account-size limits, feature restrictions or other technical measures associated with a particular software licence.

These controls are used for licensing, security and software administration.

The presence of a licence-validation or technical restriction function does not give Strategic Trading International Pty Ltd authority to operate the client's trading account.

Where an account number, platform identifier, device identifier or similar technical information is used for licence activation or support, that information does not by itself provide us with access to trading funds or authority to place trades.

Software Changes and User Intervention

The user remains free to change configurable settings, pause automated trading or discontinue use of MAX.

Changing settings, manually opening or closing trades, modifying positions, depositing or withdrawing funds, changing brokers, altering platform settings or disabling software functions may materially affect trading results.

Results obtained using one configuration should not be assumed to apply to another configuration.

The user accepts responsibility for changes they make to their trading environment or software configuration.
 

Licence Plans

MAX may be offered under different software licence plans.

Different licence plans may contain different:

• account-size limits;

• software functions;

• licence periods;

• activation limits;

• support inclusions;

• upgrade rights; or

• technical restrictions.

The applicable features, licence fee and licence period will be disclosed before purchase.

Unless expressly stated otherwise, purchasing a MAX licence gives the user a right to use the applicable version of the software subject to these terms. Ownership of the underlying software and intellectual property is not transferred.
 

Optional Installation Assistance

Where installation or setup assistance is offered, that service is limited to technical assistance with installing and configuring the software.

Technical installation assistance does not transfer control of the trading account to us.

Where practical, the client should remain present during any screen-sharing session and personally enter any confidential passwords or brokerage credentials required by their computer or trading platform.

We do not require ongoing remote access to the client's computer or trading account for the normal operation of MAX.
 

User Responsibilities

By using MAX, you acknowledge that you are responsible for:

• deciding whether automated trading software is appropriate for you;

• understanding the risks associated with leveraged trading;

• selec