Terms of Service
Effective Date: April 6, 2026
These Terms of Service (“Terms”) govern your access to and use of the Failed Breakdown Indicator (“Indicator”), the Private Discord Server Trading Room (“Discord Server”), educational videos and materials, related services, and any associated content (collectively, the “Services”) provided by Next Interactives LLC (“we,” “us,” or “our”), located in Colorado, United States. The Indicator is a third-party tool designed for use exclusively on the Tradingview platform and is offered on an invite-only, paid basis. The Discord Server is a private community for paid members, containing channels for discussions and educational videos about trading.
By accessing, purchasing, or using any of the Services, you agree to be bound by these Terms. If you do not agree, do not purchase or use the Services.
1. Access and Use
Access to the Services is granted on an invite-only basis after payment and acceptance of these Terms. You receive a limited, non-exclusive, non-transferable, revocable license to use the Indicator solely for your personal, non-commercial trading analysis on Tradingview.
Access to the Discord Server is similarly limited to your personal use. You may not share your Discord invite, account access, or any content from the Discord Server (including educational videos, screenshots, recordings, or discussions) with any third party. You may not record, download, copy, modify, distribute, or redistribute any content from the Discord Server without our explicit written permission. You agree to comply with Discord’s own terms of service and community guidelines in addition to these Terms.
You may not reverse-engineer, copy, modify, or sublicense the Indicator or any part of the Services.
2. Intellectual Property
All Services, including the Indicator code, design, visuals, educational videos, materials, Discord content, and related materials, are owned by us or licensed to us and protected by copyright, trademark, and other intellectual property laws. You acquire no ownership rights beyond the limited license granted above. All content in the Discord Server remains our property.
3. Risk Disclosure and No Guarantee of Performance
Trading in financial markets involves a high degree of risk and is not suitable for all individuals. You could lose more than your initial investment, up to and including your entire capital.
The Services are provided for informational and educational purposes only. Past performance is not indicative of future results. Any historical backtests, examples, performance claims, results, trading discussions, educational videos, or content shown or shared via the Services, Website, marketing materials, or communications are hypothetical, educational, or illustrative and do not guarantee future performance or profitability. Market conditions change, and no tool, video, discussion, or information can predict future price movements with certainty.
4. No Investment, Financial, or Professional Advice
We are not registered investment advisers, commodity trading advisors, brokers, or financial professionals. Nothing in the Services—including the Indicator, Discord Server discussions, educational videos, chats, posts by us or other members, Website, emails, social media, or any communications—constitutes investment advice, financial advice, trading recommendations, tax advice, legal advice, or a solicitation to buy, sell, or hold any security, derivative, or other financial instrument.
Educational videos and any content in the Discord Server are for general educational purposes only and are not tailored to your specific financial situation. You are solely responsible for your trading decisions. Always consult qualified professionals before trading or investing. Do not rely on any part of the Services as the basis for any financial decision. Opinions expressed by other Discord members are not endorsed by us and do not constitute advice.
5. Assumption of Risk
By using the Services, you acknowledge and assume all risks associated with trading and using the Services, including but not limited to market volatility, liquidity risks, slippage, technical failures (including Tradingview or Discord platform issues or updates), data inaccuracies, potential total loss of capital, and any losses resulting from information, discussions, videos, or signals obtained through the Discord Server. You use the Services at your own risk and discretion. We are not responsible for any actions taken by you or other members based on content in the Discord Server.
6. Disclaimers – “As Is” and “As Available”
THE SERVICES AND ALL RELATED CONTENT, MATERIALS, AND FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, COMPLETENESS, TIMELINESS, OR UNINTERRUPTED OPERATION.
We do not warrant that the Indicator or Discord Server will be error-free, meet your requirements, achieve any specific results, be compatible with future platform updates, or function without interruption. We do not guarantee the accuracy or usefulness of any educational videos or discussions.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, TRADING LOSSES, DATA LOSS, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF (OR INABILITY TO USE) ANY OF THE SERVICES OR ANY CONTENT THEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID FOR ACCESS TO THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING ANY CLAIM.
8. Indemnification
You agree to indemnify, defend, and hold us harmless from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Services; (b) your violation of these Terms or Discord’s terms; (c) your trading activities; (d) any infringement of third-party rights by your actions; or (e) your conduct in the Discord Server.
9. Refund Policy
All payments are non-refundable except as explicitly stated otherwise at the time of purchase. Due to the digital nature of the Services, no refunds will be issued after access is granted unless required by law.
10. Termination
We may terminate or suspend your access to any or all Services at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your license and access end immediately. You must cease all use and delete any downloaded materials.
11. User Conduct in Discord Server
You agree not to: post illegal, harassing, or abusive content; attempt to share paid content outside the server; engage in spam; or violate any laws. We reserve the right to remove any content or member without notice. We are not liable for any user-generated content posted by others.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Colorado, without regard to conflict of laws principles. Any disputes arising from or related to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Denver, Colorado. You consent to the personal jurisdiction of such courts.
13. Changes to Terms
We may update these Terms at any time. Changes will be posted on the Website with the updated effective date. Continued use after changes constitutes acceptance.
14. Severability
If any provision is held invalid or unenforceable, the remaining provisions remain in full force.
15. Entire Agreement
These Terms constitute the entire agreement between you and us regarding the Services and supersede any prior agreements.
16. Force Majeure
We are not liable for delays or failures due to events beyond our reasonable control (e.g., natural disasters, internet outages, platform changes to Tradingview or Discord).
17. Contact
Questions? Contact us on X.com by sending a direct message to @fbdindicator.
By purchasing or using the Services, you confirm you are of legal age (18 or older), have read, understood, and agree to these Terms.
