// Legal

General Terms &
Conditions (AGB)

Last updated: April 2026 · Provider: Max Pörtner (Braxart) · Richard-Wagner-Str. 58 · 65830 Kriftel · Germany · [email protected]

⚠️ Please read carefully. These General Terms and Conditions govern the contractual relationship between you and Max Pörtner / MPTrades Ultimate. By purchasing a subscription, you agree to these terms in full.

§1 Scope & Provider

These General Terms and Conditions (GTC) apply to all contracts concluded between:

Provider: Max Pörtner (operating as MPTrades Ultimate)
Richard-Wagner-Str. 58 · 65830 Kriftel · Germany
E-Mail: [email protected] · Website: mptrades.de
Artist/brand name: Braxart

and users ("Customer") who purchase a subscription to the MPTrades Ultimate software via mptrades.de. These GTC apply exclusively. Deviating terms of the Customer are not accepted unless expressly agreed in writing.

§2 Subject Matter of the Contract

MPTrades Ultimate is a technical analysis software tool — a TradingView Pine Script v6 indicator — that visually identifies and classifies chart patterns on NQ, MNQ, ES and MES futures. The software:

The software does not give trading instructions, buy/sell recommendations, financial advice, or investment advice of any kind. All decisions made by the Customer in response to any information displayed by the software are solely the Customer's own responsibility. This is a software subscription — not a financial product or service.

§3 Conclusion of Contract

The contract is concluded when the Customer completes the checkout process on mptrades.de, accepts these GTC (including the right-of-withdrawal waiver for digital products where applicable), and the payment is successfully processed by Stripe. The Provider will then send a confirmation email and grant TradingView access to the purchased indicator.

The Customer must be at least 18 years of age to conclude a contract. By purchasing, the Customer confirms they are of legal age.

§4 Subscription, Payment, Cancellation & Refund Policy

4.1 Subscription Model & Automatic Renewal

Access to MPTrades Ultimate is provided on a monthly recurring subscription basis. The subscription renews automatically on the same day each month until the Customer actively cancels. The Customer is solely responsible for cancelling before the next renewal date to avoid being charged for another month. The Provider is not obligated to issue refunds for billing periods where cancellation was not completed in time.

4.2 Payment

All payments are processed by Stripe Payments Europe Ltd. (1 Grand Canal Street Lower, Dublin, Ireland). By subscribing, the Customer authorises Stripe to charge the chosen payment method on a recurring monthly basis. All prices are inclusive of applicable VAT where required by law. The Customer's complete payment history is accessible via the Stripe Customer Portal.

4.3 Cancellation — How and When

The Customer may cancel at any time via the Stripe Customer Portal. Cancellation takes effect at the end of the current billing period — access remains active until that date. No partial refunds are issued for unused days within a paid billing period.

Upon cancellation or termination of the subscription, the following access is revoked with immediate or period-end effect:

4.4 No Refund After Access — Digital Product Rule

No refunds are issued once access to the indicator has been granted, except where the statutory right of withdrawal has not yet expired and not yet been waived (see §5). This applies regardless of usage — if TradingView access has been granted, the billing period is non-refundable. This is in accordance with § 356 Abs. 5 BGB for digital content.

The Customer acknowledges that MPTrades Ultimate is a digital software product delivered immediately upon payment. Refunds are therefore not available except as mandated by law.

4.5 Price Changes

The Provider reserves the right to adjust subscription prices with at least 30 days advance notice to existing subscribers by email. If the Customer does not cancel before the new price takes effect, continued use constitutes acceptance of the revised price.

§5 Right of Withdrawal (EU Consumers)

5.1 Statutory Right of Withdrawal

As an EU consumer, you have a statutory right of withdrawal of 14 days from the date of contract conclusion, pursuant to §355 BGB in conjunction with Art. 9 of EU Directive 2011/83/EU.

5.2 Expiry for Digital Content

Pursuant to §356(5) BGB, the right of withdrawal expires before the end of the 14-day period if the Provider has begun performance of the digital content and the Customer has explicitly agreed to performance beginning before expiry of the withdrawal period, and has acknowledged the loss of the right of withdrawal upon commencement of performance. This consent is obtained during the checkout process.

5.3 How to Exercise Withdrawal

If the right of withdrawal has not expired, the Customer may exercise it by sending a clear statement to:

Max Pörtner · [email protected] · Richard-Wagner-Str. 58 · 65830 Kriftel · Germany

5.4 Consequences of Withdrawal

Upon valid withdrawal within the statutory period, payments already made will be refunded. Access to the TradingView indicator, all Telegram channels and the Telegram community will be revoked immediately upon withdrawal. The Customer is obligated to cease all use of the indicator immediately upon withdrawal.

§6 Licence & Intellectual Property

6.1 Licence Grant

Upon purchase, the Provider grants the Customer a personal, non-exclusive, non-transferable, revocable licence to use the MPTrades Ultimate indicator on TradingView for the duration of the active subscription. The licence is strictly for the Customer's own personal use.

6.2 Prohibited Uses

The Customer is expressly prohibited from:

6.3 Ownership

All intellectual property rights in the MPTrades Ultimate indicator, website, guide, and associated materials remain exclusively with Max Pörtner. No ownership rights are transferred to the Customer.

6.4 Breach of Licence

Any breach of the licence terms entitles the Provider to immediately terminate the subscription without refund and revoke all access. The Provider reserves the right to seek damages for any licence violations.

§7 Availability, Service Level & Access Rights

7.1 No Guaranteed Availability

The Provider makes reasonable efforts to ensure continuous availability of the indicator and associated services. However, the Customer has no contractual right to uninterrupted, error-free or permanent availability of the software. Availability may be affected by:

No guarantee for: ✗  Uptime or continuous availability
✗  Error-free operation or accurate calculations
✗  Correct function on all markets, brokers or data feeds
✗  Compatibility with all TradingView plans or chart types
✗  Accurate real-time data (subject to TradingView data quality)
✗  Behaviour in all market conditions (e.g. high volatility, news events, gaps)

Temporary unavailability does not entitle the Customer to a refund, partial credit or any other compensation.

7.2 No Obligation to Maintain Specific Features

The Provider reserves the right to modify, update, remove or replace any feature of the indicator at any time without prior notice, including changes to:

The Customer has no right to require that any specific feature remain unchanged. Material changes to core functionality will be communicated to active subscribers by email where reasonably practicable.

7.3 No Obligation to Provide Updates

While updates are provided at the Provider's discretion and are included with active subscriptions, the Provider is under no obligation to release any specific update, fix any specific issue or maintain compatibility with any future TradingView version or Pine Script release.

7.4 Suspension and Revocation of Access

The Provider reserves the right to immediately suspend or permanently revoke access — without refund — in the event of:

In cases of suspected misuse, the Provider may suspend access immediately pending investigation and restore it if the suspicion proves unfounded.

7.5 No Sharing — Personal Use Only

Indicator access is strictly personal and non-transferable. The Customer may not share login credentials, TradingView invite links, indicator screenshots for commercial purposes, or any other means of granting third parties access to the software. Violation of this clause constitutes a material breach and will result in immediate termination without refund.

§8 Disclaimer — Not Financial Advice

MPTrades Ultimate is a visual market structure analysis software tool. It does not constitute financial advice, investment advice, investment recommendations, asset management, portfolio management or any other regulated financial service within the meaning of:

Max Pörtner is not a licensed Wertpapierdienstleistungsunternehmen, Anlageberater, Vermögensverwalter, Finanzportfolioverwalter or any other form of regulated financial services provider. Max Pörtner holds no BaFin licence, KWG licence, or equivalent authorisation from the SEC, FCA, FINMA, AMF, or any other financial regulatory authority.

The Customer explicitly acknowledges and confirms:

§9 Limitation of Liability — Comprehensive

9.1 Exclusion of Liability for Trading Losses

Max Pörtner / MPTrades Ultimate expressly excludes all liability for:

⛔ Explicit Liability Exclusion

Max Pörtner / MPTrades Ultimate is not liable for financial losses of any kind.

The Provider is not liable for trading results, trading losses, or any financial damage arising from use of or reliance on this software — regardless of cause, amount, or circumstance.

Use of MPTrades Ultimate is entirely at the Customer's own risk. The Customer accepts full and sole responsibility for all trading outcomes.

9.2 No Guarantee of Profit or Performance

Max Pörtner / MPTrades Ultimate makes no representation, warranty or guarantee of any kind, express or implied, including but not limited to:

Any performance data, example trades, chart screenshots or educational content shared via the website, Telegram channel, guide or any other channel are for illustrative and educational purposes only. They do not represent typical results and must not be relied upon as a basis for financial decisions.

9.3 Liability Cap

To the fullest extent permitted by applicable law, the total aggregate liability of Max Pörtner / MPTrades Ultimate to the Customer for any and all claims arising out of or in connection with these GTC, the software or any associated service shall not exceed the total subscription fees paid by the Customer in the 3 calendar months immediately preceding the event giving rise to the claim.

9.4 Mandatory Statutory Exceptions

Nothing in these GTC excludes or limits liability which cannot be excluded or limited under applicable German law, including:

9.5 Customer's Responsibility

The Customer bears sole and full responsibility for:

⚠ RISK ACKNOWLEDGEMENT

By purchasing a subscription, the Customer explicitly acknowledges that: (1) Trading futures involves substantial risk of total capital loss. (2) MPTrades Ultimate is a software tool — not a financial advisory service. (3) No software tool can guarantee profitable trading. (4) The Customer is solely responsible for all trading outcomes. (5) Past chart patterns displayed by the software are not indicative of future results.

§10 Termination by Provider

The Provider reserves the right to terminate any subscription immediately and without refund in the event of:

§11 Amendments to GTC

The Provider reserves the right to amend these GTC at any time. Existing subscribers will be notified by email at least 14 days before any material change takes effect. If the Customer does not object within this period, the new GTC are deemed accepted. The Customer's right to cancel their subscription is not affected.

§12 Governing Law & Jurisdiction

These GTC and all contracts concluded thereunder are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers in the EU, mandatory consumer protection provisions of the consumer's country of residence also apply.

For disputes with business customers, the place of jurisdiction is Kriftel, Germany. For disputes with consumers, jurisdiction is determined by applicable law.

EU Online Dispute Resolution: The European Commission provides an online platform for dispute resolution: ec.europa.eu/consumers/odr. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board and do not do so voluntarily.

§13 Severability

If any provision of these GTC is or becomes invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid provision shall be replaced by the legally permissible provision that comes closest to the economic intent of the original.

§14 Contact

Max Pörtner — MPTrades Ultimate
E-Mail: [email protected]
Address: Richard-Wagner-Str. 58 · 65830 Kriftel · Germany
Website: mptrades.de