SOFTWARE LICENSE & USER AGREEMENT
FREEBALLIN™
SOFTWARE LICENSE & USER AGREEMENT
FREEBALLIN PTY LTD
Version: 3.2
Effective Date: 29 October 2026
1. Agreement and Acceptance
1.1 This Software License & User Agreement ("Agreement") governs access to and use of software products supplied by FREEBALLIN Pty Ltd ("FREEBALLIN", "we", "us" or "our").
1.2 This Agreement applies to all software products, indicators, toolkits, applications, integrations, associated functionality, updates and related services developed, licensed or supplied by FREEBALLIN from time to time (collectively, the "Software"), including but not limited to:
a. FREEBALLIN Trade Manager PRO;
b. FREEBALLIN Trade Manager LITE;
c. FREEBALLIN Toolkit; and
d. Any additional products, features, platforms or services introduced by FREEBALLIN in the future.
This Agreement applies to each product purchased, activated or used by the user, subject to any additional product-specific terms expressly disclosed and agreed to where applicable.
1.3 By purchasing, activating or using the Software, you agree to be bound by this Agreement, provided its terms have been made reasonably available to you before purchase or activation.
1.4 This Agreement operates alongside the Terms of Service, Refund Policy and Privacy Policy published on freeballin.com.au. Those policies govern applicable commercial transactions and related matters.
1.5 If you do not agree to this Agreement, you must not activate or use the Software.
1.6 Nothing in this Agreement excludes or restricts rights or remedies that cannot lawfully be excluded.
2. Nature of the Software
2.1 FREEBALLIN develops and supplies software technology products designed to support trading, market analysis, charting, trade configuration, trade management and other related functionality as introduced from time to time.
The features, capabilities and operating requirements of each product are determined by its applicable product description and documentation.
2.2 Trade Manager PRO and LITE provide functionality according to the features available in the applicable product version.
2.3 The Toolkit provides charting, analysis and visualisation functionality. It does not independently execute trades.
2.4 Trade Manager functionality may include user-configured take-profit levels, stop-loss management, breakeven settings, trailing stops, runners and other available trade-management features.
2.5 The Software operates according to user-selected settings and instructions. FREEBALLIN does not independently determine whether, when or what a user should trade.
2.6 Certain functionality may depend on TradingView, external webhook services, brokers or other third-party systems.
2.7 FREEBALLIN provides software technology. The user remains responsible for all trading decisions and the operation of their trading account.
3. Software License
3.1 Subject to payment of applicable fees and compliance with this Agreement, FREEBALLIN grants the authorised user a limited, non-exclusive, non-transferable license to access and use the purchased Software.
3.2 The Software is licensed, not sold. No ownership of the Software or its intellectual property transfers to the user.
3.3 The license applies to the product, authorised account and license period purchased.
3.4 Unless expressly authorised in writing by FREEBALLIN, licences may not be transferred, shared, sublicensed, resold or assigned to another person.
3.5 Access may be linked to the user's nominated TradingView account or other supported account-identification arrangements.
3.6 FREEBALLIN may apply reasonable technical controls to protect license integrity and prevent unauthorised access.
3.7 Users must not attempt to bypass, interfere with or defeat license verification, account restrictions or other security measures.
4. Intellectual Property, Branding and Prohibited Use
4.1 All intellectual property rights in the Software, including source code, scripts, algorithms, proprietary logic, interfaces, designs, documentation, trademarks, logos, branding, website content, images, videos and promotional materials, remain the property of FREEBALLIN or its lawful licensors.
4.2 Except where expressly authorised in writing or permitted by applicable law, users and third parties must not:
a. Copy, reproduce, modify, distribute, publish, resell or commercially exploit the Software or its protected components.
b. Reverse engineer, decompile or attempt to extract proprietary source code, algorithms or protected logic.
c. Circumvent license controls or access restrictions.
d. Share, transfer, sublicense or provide unauthorised access to the Software.
e. Copy, reproduce or use FREEBALLIN trademarks, logos, branding, website content, images, videos or promotional materials without permission.
f. Impersonate FREEBALLIN, its representatives or affiliates, or falsely claim any association, endorsement, partnership or authorisation.
g. Create or operate websites, social media accounts, applications, products or services that misleadingly represent themselves as FREEBALLIN or an authorised FREEBALLIN service.
h. Use FREEBALLIN intellectual property in a manner that infringes its rights, misleads customers or damages its legitimate commercial interests.
4.3 FREEBALLIN reserves the right to take appropriate action against unauthorised use, including suspension of access, removal requests and legal proceedings where justified.
4.4 Nothing in this clause restricts lawful uses permitted by applicable intellectual property legislation.
5. User Responsibilities
5.1 Users are responsible for their trading decisions, account configuration and use of the Software.
5.2 Users determine their own trading instruments, direction, entries, position sizes, stop settings, profit targets and other trading parameters.
5.3 Users must understand and verify their configurations before using the Software in live trading.
5.4 Users remain responsible for monitoring their trading accounts, confirming orders and executions, and responding to unexpected system behaviour.
5.5 Users must maintain appropriate access to supported third-party platforms and comply with their applicable terms.
5.6 Users must not use the Software unlawfully or in a manner that interferes with its operation or security.
5.7 Users acknowledge that software tools do not replace the need for appropriate trading supervision, account management or independent decision-making.
6. TradingView and Third-Party Integrations
6.1 FREEBALLIN Software may be designed for use with TradingView and other compatible third-party systems, depending on the applicable product.
6.2 Supported integrations may include PickMyTrade, TradersPost and other services introduced or supported from time to time.
6.3 Third-party services are independently operated and may require separate accounts, subscriptions, permissions or fees.
6.4 FREEBALLIN does not control third-party platforms, brokerage systems, network connections or their operational availability.
6.5 Webhook communications, order routing and execution may be affected by delays, configuration errors, connectivity failures, platform restrictions or other technical conditions.
6.6 Users are responsible for verifying the compatibility and configuration of their connected services.
6.7 FREEBALLIN does not guarantee that an alert, webhook or instruction will result in a corresponding brokerage order or execution.
6.8 FREEBALLIN is not responsible for the independent actions, omissions or operational decisions of third-party service providers, except to the extent liability cannot lawfully be excluded.
7. Trade Management and Automation
7.1 The Software may support user-configured trade-management actions and alerts.
7.2 Where enabled and supported, trade-management instructions may be communicated through third-party webhook services or other supported integrations.
7.3 Such functionality operates according to user-defined parameters and the capabilities of connected systems.
7.4 FREEBALLIN does not independently select trading opportunities, determine investment suitability or initiate discretionary trading decisions on behalf of users.
7.5 Users remain responsible for their configurations, trade initiation, account monitoring and trading outcomes.
7.6 Automated or rule-based management of user-configured instructions does not constitute discretionary trading or investment management by FREEBALLIN.
8. No Financial Advice
8.1 FREEBALLIN is a software technology provider.
8.2 FREEBALLIN does not provide personal financial advice, investment recommendations, brokerage services, portfolio management or trading signals.
8.3 Software outputs, educational materials, demonstrations, documentation and customer support are provided for technical, informational or educational purposes.
8.4 Nothing provided by FREEBALLIN constitutes a recommendation to buy, sell or hold any financial product.
8.5 Users must make their own trading decisions and obtain independent professional advice where appropriate.
9. Trading Risks
9.1 Trading financial markets involves substantial financial risk, including the possibility of losing some or all invested capital.
9.2 Trading systems, alerts, software configurations and third-party integrations may behave unexpectedly or fail.
9.3 FREEBALLIN does not guarantee profitability, trading performance, execution accuracy or uninterrupted operation.
9.4 Historical examples, simulations, backtesting and demonstrations do not guarantee future trading results.
9.5 Users should test and understand their configurations before using the Software in live markets.
9.6 Users acknowledge that market volatility, slippage, liquidity conditions, connectivity issues and third-party execution processes may affect trading outcomes.
10. Subscriptions, Access and Termination
10.1 Software access is provided according to the product and subscription or license period purchased.
10.2 Pricing, billing frequency, renewal arrangements, cancellation procedures and applicable refunds are governed by the terms disclosed during purchase and the relevant policies published on freeballin.com.au.
10.3 Cancellation of a subscription does not necessarily terminate access immediately. Access ordinarily continues until the end of the paid license period, subject to the applicable purchase terms.
10.4 Following expiry of a license, access may be disabled unless renewed or otherwise authorised.
10.5 FREEBALLIN may suspend or terminate access where reasonably necessary to address material breaches of this Agreement, unauthorised use, fraud, intellectual property infringement or security threats.
10.6 FREEBALLIN may discontinue a product or terminate a license or subscription where continued provision becomes commercially or technically impracticable due to circumstances beyond its reasonable control, including:
a. Discontinuation, suspension or material changes to TradingView or other essential third-party services.
b. Changes to third-party APIs, integrations, licensing arrangements or platform access requirements.
c. Regulatory or legal changes affecting the Software or its operation.
d. Significant security vulnerabilities or technical failures that cannot reasonably be remedied.
e. Other unforeseen circumstances that materially prevent FREEBALLIN from continuing to provide the affected Software.
10.7 Where reasonably practicable, FREEBALLIN will provide advance notice of discontinuation or termination and explain the effective date.
10.8 Where FREEBALLIN terminates a paid license or subscription under Clause 10.6, it will provide any refund or other remedy required by applicable law. Where appropriate, this may include a proportionate refund for the unused prepaid license period.
10.9 FREEBALLIN may discontinue future renewals of a product or subscription by providing reasonable notice, without necessarily terminating an existing paid license period.
10.10 Nothing in this Agreement excludes or restricts statutory consumer rights or remedies.
11. Software Availability, Third-Party Interruptions and Unforeseen Events
11.1 FREEBALLIN may release updates, corrections, improvements or changes to the Software.
11.2 Software functionality may be affected by TradingView updates, third-party changes, maintenance or technical issues.
11.3 FREEBALLIN does not guarantee uninterrupted availability or compatibility with every device, account, broker or third-party platform.
11.4 FREEBALLIN will take reasonable steps to address material software issues within its control.
11.5 Material changes affecting paid functionality will be managed consistently with applicable law and customer rights.
11.6 FREEBALLIN is not responsible for interruptions, delays or failures caused by circumstances beyond its reasonable control, to the extent permitted by applicable law.
Such circumstances may include:
a. Third-party platform outages or service interruptions.
b. Internet, telecommunications or infrastructure failures.
c. Cybersecurity incidents, including attacks affecting external service providers.
d. Changes to third-party software, APIs, integrations or operating requirements.
e. Government actions, regulatory restrictions or changes in applicable law.
f. Natural disasters, emergencies or other events beyond FREEBALLIN's reasonable control.
11.7 FREEBALLIN will take reasonable steps to assess material interruptions and, where practicable, restore affected functionality or provide an appropriate alternative.
11.8 Where an interruption materially prevents continued delivery of the Software, FREEBALLIN may suspend or discontinue the affected functionality or terminate the relevant licence in accordance with Clause 10.
11.9 Nothing in this clause excludes liability or remedies that cannot lawfully be excluded, including applicable consumer guarantees.
12. Support and Documentation
12.1 FREEBALLIN provides product documentation and support resources to assist users with installation, configuration and operation.
12.2 Users should consult the applicable User Guide before using the Software.
12.3 Technical support does not include personalised trading advice, investment recommendations or management of customer trading accounts.
12.4 Support enquiries may be directed through the contact channels published on freeballin.com.au.
13. Warranties, Liability and Exclusion of Future Losses
13.1 FREEBALLIN does not warrant that the Software will generate profits, prevent trading losses or operate without interruption or error.
13.2 To the extent permitted by applicable law, FREEBALLIN is not responsible for losses arising from users' trading decisions, incorrect configurations or failures of independently operated third-party systems.
13.3 Nothing in this Agreement excludes, restricts or modifies consumer guarantees, statutory remedies or other rights that cannot lawfully be excluded.
13.4 Where liability may lawfully be limited, FREEBALLIN's liability is limited only to the extent permitted by applicable law.
13.5 Any exclusion or limitation of liability in this Agreement is subject to applicable consumer protection legislation.
13.6 Service Interruptions and Termination
To the maximum extent permitted by applicable law, FREEBALLIN shall not be liable for any indirect, consequential, incidental or prospective loss arising from or relating to:
a. Suspension, interruption, discontinuation or termination of the Software or associated services.
b. Failure, unavailability or changes to TradingView, third-party integrations, brokers, APIs or external service providers.
c. Delayed, missed, rejected or incorrectly processed alerts, webhooks, orders or trade-management instructions.
d. Loss of anticipated profits, trading opportunities, revenue, business or expected financial benefits.
e. Future trading losses, including losses arising after the interruption, discontinuation or termination of the Software.
f. Business interruption, loss of productivity or inability to access or use the Software.
g. Unforeseen events or circumstances beyond FREEBALLIN's reasonable control.
13.7 No Guarantee of Continued Availability
FREEBALLIN does not guarantee the continued availability of any Software product, feature, integration or third-party service.
Users acknowledge that software functionality may be modified, suspended or discontinued in accordance with this Agreement.
13.8 No Compensation for Prospective Losses
To the maximum extent permitted by law, users are not entitled to compensation from FREEBALLIN for anticipated trading profits, hypothetical trading outcomes, lost opportunities or other prospective financial benefits arising from a lawful suspension, interruption, discontinuation or termination of the Software.
13.9 Preservation of Statutory Rights
Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, statutory right, remedy or liability that cannot lawfully be excluded, restricted or modified.
Where applicable law requires FREEBALLIN to provide a refund, compensation or other remedy, those obligations continue to apply.
14. Eligibility and Account Security
14.1 Users must be at least 18 years of age.
14.2 Users are responsible for maintaining the confidentiality and security of their accounts and access credentials.
14.3 Users must provide accurate information reasonably required for licence activation and administration.
14.4 Users must promptly notify FREEBALLIN of suspected unauthorised access to their license.
15. Changes to This Agreement
15.1 FREEBALLIN may update this Agreement to reflect changes in its Software, operations or legal obligations.
15.2 The current version will be published on freeballin.com.au.
15.3 Where changes materially affect existing paid license rights, FREEBALLIN will provide appropriate notice and comply with applicable law.
15.4 Changes will not retrospectively remove accrued statutory rights.
16. Governing Law
16.1 This Agreement is governed by the laws of the Northern Territory, Australia.
16.2 Nothing in this clause limits mandatory consumer protections or legal rights applicable in a user's jurisdiction.
17. Contact
FREEBALLIN PTY LTD
Email: teams@freeballin.com.au
For software support, license enquiries or questions concerning this Agreement, contact FREEBALLIN through its published support channels.
END OF AGREEMENT