These Terms of Use ("Terms") are a legally binding agreement between you and Patrick Martin Exclusive ("Patrick Martin Exclusive," "we," "us" or "our"). They govern your access to and use of this website, the inquiry form, any quote we provide and any communications between you and us (together, the "Site"). Please read them carefully. Our Privacy Policy, Cookie Policy, Risk Disclosure and Regulatory & Marketing Disclosures are part of these Terms.
1. Agreement to These Terms
By accessing or using the Site, or by submitting a request through it, you agree to these Terms. If you do not agree, do not use the Site. If you use the Site on behalf of a business, you represent that you are authorised to bind that business, and "you" includes that business.
2. Who We Are
Patrick Martin Exclusive is a software and technology business based in the State of Texas, United States. We develop and license trading software, rent AI-powered business management agents and design custom business management applications. You can reach us at p.martin.exclusive@gmail.com.
3. Eligibility
You must be at least 18 years old and able to form a binding contract under applicable law to use the Site or request a quote. The Site is intended for users in the United States. We make no representation that the Site or our products are appropriate or lawful outside the United States.
4. Our Services and What They Are Not
Patrick Martin Exclusive provides technology products. We are not a registered investment adviser, broker-dealer, commodity trading advisor, commodity pool operator, futures commission merchant, bank or fiduciary, and we are not registered with the U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission, FINRA, the National Futures Association or the Texas State Securities Board.
- Nothing on the Site is investment, financial, legal, tax or accounting advice, or a recommendation, offer or solicitation to buy or sell any security or other financial instrument.
- Information on the Site is general and impersonal. It does not take into account your financial situation, objectives or risk tolerance.
- We do not accept, hold, pool or manage client funds or securities, and we do not exercise discretion over any client account.
- Any trading software we license runs in a brokerage account that you open, own and control, using credentials you create and may revoke at any time.
Consult a licensed financial professional, attorney or tax adviser before making financial decisions.
5. Quotes and Engagements
- Requests. Submitting a request through the Site is an invitation for us to contact you. It does not create a contract, a client relationship or any obligation for either party.
- Quotes are not contracts. A quote is a non-binding estimate of scope, price and timing. Unless the quote says otherwise, it remains open for thirty (30) days and may be withdrawn or revised by us before acceptance.
- Written agreement required. No product is licensed, rented or built, and no fee is payable, until you and Patrick Martin Exclusive sign a separate written agreement (for example, a software license, rental or services agreement). If that agreement conflicts with these Terms, the signed agreement controls for the matters it covers.
- Our discretion. We may decline any request for any lawful reason, including if we believe a product is not appropriate for the intended use.
- Prices and taxes. Prices are quoted in U.S. dollars and do not include applicable taxes unless stated. Texas sales and use tax, or the tax of another state, may apply to software, data processing or other services and will be added where required by law.
- Fee structure. Trading software license fees are flat fees for software. They are not based on the value of your account, your trading profits or the performance of any investment.
6. Trading Software: Your Responsibilities
If you license Patrick Martin Exclusive trading software, the terms of your signed license govern. In addition, you acknowledge and agree that:
- You have read and understand the Risk Disclosure, and you accept that trading may result in the loss of some or all of the money in your account.
- You alone decide whether to use the software, which configuration and limits to use, and when to start, pause or stop it. You are solely responsible for all orders placed in your account and for the results.
- You will open and maintain your own brokerage account, comply with your broker's terms and with all laws that apply to your trading, and keep your credentials secure. You will not grant Patrick Martin Exclusive, or the software, permission to withdraw or transfer funds.
- You will monitor your account regularly and will not rely on the software as your only safeguard against loss.
- You will not modify the software, or use it, to engage in spoofing, layering, wash trading, marking the close, front-running or any other manipulative, deceptive or unlawful trading practice.
- You are responsible for your own tax reporting and for any brokerage, regulatory, exchange or data fees.
7. Business Agents and Custom Applications
Agent rentals and custom applications are governed by the signed agreement for that engagement. AI-powered agents can make mistakes, misinterpret instructions or produce inaccurate output. You are responsible for reviewing their work, for deciding which actions require human approval, and for your business's compliance with laws that apply to it (including privacy, employment, consumer-protection and industry-specific rules). Agents and applications do not provide legal, tax, accounting or investment advice. Unless a signed agreement expressly provides otherwise, you will not use them to process protected health information, payment card data or government identification numbers.
8. Acceptable Use
You agree not to:
- use the Site for any unlawful, fraudulent or harmful purpose, or in violation of these Terms;
- submit false information, impersonate any person or misrepresent your affiliation;
- send spam, malware or any code designed to disrupt, damage or gain unauthorised access to any system;
- scrape, harvest or collect information from the Site by automated means without our written permission;
- copy, reverse engineer, decompile or create derivative works from the Site or our software, except as permitted by law or by a signed license; or
- interfere with the security or operation of the Site.
9. Intellectual Property
The Site and its content, including text, graphics, logos, the Patrick Martin Exclusive name and crest, design, software and documentation, are owned by or licensed to Patrick Martin Exclusive and are protected by U.S. and international intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to view the Site for your personal or internal business purposes. No other right is granted. If you send us ideas, suggestions or feedback, you grant us a royalty-free, perpetual right to use them without obligation to you, except that the confidential business details you share in a quote request will be handled as described in our Privacy Policy, and ownership of any custom work will be set by your signed agreement.
10. Third-Party Services
Our products may work with third-party services, such as brokerages, market-data providers, AI model providers, email providers, hosting providers and payment processors. Those services are governed by their own terms and privacy policies. We do not control them and are not responsible for their availability, accuracy, security, fees or conduct. Links to third-party websites are provided for convenience only and are not endorsements.
11. Disclaimer of Warranties
The Site and all information on it are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy. Patrick Martin Exclusive does not warrant that the Site will be uninterrupted, secure or error-free, that any information is complete or current, or that any software will achieve any result, avoid losses or operate without errors. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
12. Limitation of Liability
To the fullest extent permitted by law, Patrick Martin Exclusive and its owners, employees, contractors and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, trading losses, lost revenue, lost data or business interruption, arising out of or relating to the Site or these Terms, even if advised of the possibility of such damages. To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Site or these Terms will not exceed the greater of one hundred U.S. dollars (US$100) or the amount you paid us for the Site in the twelve (12) months before the claim arose.
These limitations apply to the Site and to these Terms. Liability for licensed products and services is governed by the signed agreement for them. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, fraud or wilful misconduct where such a limit is prohibited.
13. Indemnification
To the extent permitted by law, you agree to defend, indemnify and hold harmless Patrick Martin Exclusive and its owners, employees, contractors and agents from any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of your misuse of the Site, your violation of these Terms or your violation of any law or the rights of any third party.
14. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to Section 15, you and Patrick Martin Exclusive agree that any lawsuit will be brought exclusively in the state or federal courts located in the State of Texas in the county in which Patrick Martin Exclusive maintains its principal place of business, and you consent to the personal jurisdiction of those courts. Either party may bring an individual claim in a small-claims court of competent jurisdiction. To the extent permitted by law, claims must be brought on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding.
Nothing in these Terms waives any right you have under the Texas Deceptive Trade Practices–Consumer Protection Act (Texas Business and Commerce Code, Chapter 17, Subchapter E) or any other consumer-protection law that cannot be waived by agreement.
15. Informal Dispute Resolution
Before filing a claim, you agree to contact us at p.martin.exclusive@gmail.com with a written description of the dispute and the relief you seek, and to give us thirty (30) days to try to resolve it informally. We agree to do the same before filing a claim against you. This requirement does not apply to requests for urgent injunctive relief.
16. Electronic Communications and Signatures
By using the Site or emailing us, you consent to receive communications from us electronically, and you agree that electronic communications, records and signatures satisfy any legal requirement that they be in writing, consistent with the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and the Texas Uniform Electronic Transactions Act (Texas Business and Commerce Code, Chapter 322). You may ask us to provide a paper copy of an agreement by emailing us.
17. Changes to These Terms and the Site
We may update these Terms from time to time. The "Last updated" date above shows when they last changed. Material changes will be posted on this page before they take effect. Your continued use of the Site after changes take effect means you accept them. Changes do not alter any signed agreement unless that agreement says so. We may change, suspend or discontinue any part of the Site at any time.
18. General Provisions
- Entire agreement. These Terms, together with the policies they reference, are the entire agreement between you and us about the Site.
- Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the rest will remain in effect.
- No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of third-party services, market disruptions, natural disasters or government action.
- Termination. We may suspend or end your access to the Site at any time if you violate these Terms. Sections that by their nature should survive will survive.
- Headings. Headings are for convenience only and do not affect interpretation.
19. Contact
Questions about these Terms can be sent to p.martin.exclusive@gmail.com.