Terms of Service
Effective Date: August 19, 2025
Owner/Operator: Evergreen Solutions LLC (“Evergreen,” “we,” “us,” “our”)
Contact: support@evergreensolutions.one
These Terms of Service (“Terms”) govern access to and use of Evergreen Solutions’ proprietary software, indicators, scripts, strategies, tools, content, documentation, and services (collectively, the “Software”). By purchasing, downloading, installing, activating, or using the Software, you (“you,” “Subscriber”) agree to be bound by these Terms, the Risk Disclosure, the Earnings Disclaimer, and, where applicable, the Non-Professional Subscriber Certification or the Professional Subscriber Certification (together, the “Agreement”).
If you do not agree, do not access or use the Software.
1. Eligibility & Accounts
1.1 Age & Authority. You must be at least 18 and have legal capacity to contract. If you act for an entity, you represent you have authority to bind it.
1.2 Account Security. You are responsible for your credentials, devices, license keys, and all activity under your account. Notify us promptly of any suspected breach.
1.3 Accuracy. You agree to provide accurate information and keep it current.
2. License Grant & Scope
2.1 Grant. Subject to the Agreement and timely payment, Evergreen grants you a limited, revocable, non-exclusive, non-transferable license to use the Software purchased and only in accordance with these Terms.
2.2 Tiers.
Non-Professional License. Personal use only—see Section 3.
Professional License. Required for any professional, institutional, or firm-related use—see Section 3.
2.3 Seats/Devices. Licenses may be restricted by seat, device, account, or platform binding. You must not circumvent technical controls.
2.4 No Transfer/Sublicense. You may not assign, resell, lend, lease, or sublicense the Software unless expressly permitted in writing by Evergreen.
2.5 Reservation. Evergreen retains all rights not expressly granted.
3. Non-Professional vs. Professional Use
3.1 Non-Professional Subscriber. Natural person, using the Software solely for their own personal accounts; not employed by a financial institution or prop firm; not registered/licensed with a regulator/SRO; no client advisory, signal resale, or group dissemination.
3.2 Prop Firm Clarification.
Prop Firm Employee = Professional Use. W-2/1099 for a prop firm (or affiliates) acting on the firm’s behalf (trading desk, research, risk, tech, education) is not eligible for Non-Professional.
Funded Prop Account Holder = May Qualify as Non-Professional. If you are not employed by a prop firm and trade a funded/evaluation sub-account only for your personal benefit via customer-level access, you may use the Non-Professional license provided all Non-Professional conditions are met.
3.3 Status Changes. If your status changes (employment, licensing, client work), you must cease Non-Professional use and contact support@evergreensolutions.one to transition to a Professional license.
3.4 Control. In any conflict between these Terms and the Subscriber Certifications regarding licensing status, the Certifications control.
4. Fees, Billing, Taxes, Renewals, Refunds
4.1 Fees. Prices are posted at purchase, in your order form, and in your invoice and are subject to change prospectively.
4.2 Billing & Auto-Renewal. Subscriptions auto-renew unless cancelled before the renewal date in the portal/platform. By subscribing, you authorize recurring charges to your payment method. 4.3 Trials/Promotions. Trial or promotional terms apply only as stated at sign-up and may be modified or withdrawn prospectively.
4.4 Taxes. Fees are exclusive of taxes, duties, or levies. You are responsible for applicable taxes. 4.5 Refunds. Unless required by law or explicitly stated otherwise in writing, all fees are non-refundable. If we terminate without cause, we may issue a pro-rata refund for the unused period.
4.6 Chargebacks. Filing an unauthorized chargeback may result in immediate suspension and license revocation.
5. Platform & Third-Party Dependencies
5.1 TradingView & Others. The Software may run on third-party platforms, data feeds, brokers, exchanges, or APIs. Availability and performance depend on those providers.
5.2 No Control. Evergreen does not control third-party outages, delays, throttling, symbol changes, or policy updates. You are responsible for your platform subscriptions, broker approvals, and connectivity.
5.3 Updates. We may modify Software to maintain compatibility or performance; features may change or be deprecated.
6. Risk Disclosure & No Advice
6.1 High Risk. Trading futures, options, and derivatives involves substantial risk and may result in losses exceeding initial capital.
6.2 No Advice. The Software, outputs, or documentation are for research/educational use only and do not constitute investment advice or a solicitation to buy or sell any instrument.
6.3 Backtests. Past performance, including backtested or simulated results, does not guarantee future outcomes.
6.4 Execution Risk. Data, connectivity, and execution risks may cause unexpected fills, slippage, rejections, or losses. You are solely responsible for risk limits, kill-switches, and position sizing.
7. Acceptable Use & Prohibited Conduct
You agree not to:
Use the Non-Professional license for any Professional purpose.
Redistribute, rebroadcast, resell, or publicly disclose signals/parameters/outputs; operate copy-trade rooms or paid channels; provide advisory services using the Software.
Reverse-engineer, decompile, derive source code, or create derivative works intended for redistribution.
Bypass license checks, rate limits, device/seat binding, or other security measures.
Share credentials or license keys; allow multiple users per personal license.
Use the Software in violation of law, platform/broker rules, or these Terms.
8. Monitoring, Watermarking & Anti-Circumvention
8.1 Controls. You consent to reasonable anti-abuse measures: license verification, device/account binding, aggregate usage telemetry, watermarking of outputs, and rate-limit enforcement.
8.2 Circumvention. Any attempt to disable or circumvent controls is a material breach and grounds for immediate termination.
9. Intellectual Property; Feedback; DMCA
9.1 Ownership. Evergreen and its licensors retain all IP rights in the Software. The Agreement does not transfer ownership.
9.2 Feedback. You grant Evergreen a perpetual, irrevocable, royalty-free license to use feedback or suggestions to improve the Software without restriction.
9.3 DMCA. If you believe content infringes your copyright, email support@evergreensolutions.one with a compliant notice.
10. Privacy & Data
10.1 Data Use. We may process limited personal and usage data to operate, secure, and improve the Software and to enforce licenses.
10.2 No Sale. We do not sell personal data. See our Privacy Notice for details.
10.3 Security. No system is perfectly secure. You use third-party platforms and networks at your own risk.
11. Term; Suspension; Termination
11.1 Term. The Agreement continues while you have an active license or continue to use the Software.
11.2 Suspension/Termination by Evergreen. We may suspend or terminate for breach, suspected abuse, non-payment, legal/regulatory risk, or platform conflicts.
11.3 Your Termination. You may cancel auto-renew in your portal/platform; access continues until period end unless otherwise stated.
11.4 Effect. Upon termination, your license ends; you must cease use and delete any keys, copies, or confidential materials.
11.5 Survival. Sections 3–9, 11.4–11.5, 12–18 survive termination.
12. Disclaimers
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR RESULTS. YOUR USE IS AT YOUR SOLE RISK.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERGREEN WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, TRADING LOSSES, LOSS OF DATA, OR BUSINESS INTERRUPTION. IN ANY EVENT, EVERGREEN’S TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE SHALL NOT EXCEED THE GREATER OF: (A) FEES PAID BY YOU FOR THE SOFTWARE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD$100.
14. Indemnification
You agree to defend, indemnify, and hold harmless Evergreen and its officers, directors, employees, and agents from claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from your (a) use of the Software, (b) breach of the Agreement, (c) violation of law or third-party rights, or (d) misuse, redistribution, or circumvention.
15. Governing Law; Dispute Resolution
15.1 Governing Law. These Terms are governed by the laws of the State of Louisiana, without regard to conflict-of-law rules.
15.2 Arbitration; Class Waiver. Any dispute will be resolved by binding arbitration under the AAA Commercial Rules before a single arbitrator seated in Baton Rouge, Louisiana. No class actions or consolidated proceedings. Judgment may be entered on the award in any court of competent jurisdiction.
15.3 Injunctive Relief. Either party may seek injunctive relief for IP or misuse in any competent court. (If arbitration isn’t your preference, swap for exclusive courts in a chosen venue.)
16. Export & Sanctions Compliance
You will not use or export the Software in violation of U.S. export laws or OFAC sanctions and are not a prohibited or restricted party.
17. Force Majeure
Evergreen will not be liable for delays or failures due to events beyond its reasonable control (e.g., outages, cyber incidents, regulatory changes, disasters).
18. Changes to the Terms
We may update these Terms prospectively by posting a revised version with an updated Effective Date or by notice via email/platform. Continued use after changes constitutes acceptance.
19. Assignment
You may not assign or transfer the Agreement without Evergreen’s written consent. Evergreen may assign to an affiliate, successor, or acquirer.
20. General
20.1 Entire Agreement. These Terms, the Trading Risk Disclosure & User Agreement, the Non-Professional Subscriber Certification, order forms, and any referenced policies are the entire agreement.
20.2 Severability. If a provision is unenforceable, the remainder remains in effect.
20.3 No Waiver. Failure to enforce is not a waiver.
20.4 Notices. We may notify you via email, platform messaging, or posting. You may notify us at support@evergreensolutions.one .