Terms and Conditions
Article 1 — Definitions
Trendl: the trade name under which quantitative trading software and execution technology is offered for NQ futures. Reachable at info@trendl.io and trendl.io. Trendl is a trade name of CollaborIT Management & Advies B.V., CoC 08152819.
Client: the natural person or legal entity that has subscribed to one of the Trendl products and uses the Software and/or the Application.
Subscription: the Agreement under which the Client gains access to the Software, the Application and the associated Trading Signals of Trendl for the duration of the subscription period in exchange for periodic payment.
Software: the quantitative trading software and execution technology developed and offered by Trendl, consisting of the signal model (Trendl Model-1), the Application (Trendl PWA), and the integration technology with the Broker (IBKR Client Portal Web API).
Application: the progressive web application available at app.trendl.io, through which the Client receives Trading Signals and makes a confirmation choice per transaction.
Trading Signal: an execution signal generated by the quantitative model of Trendl for a transaction in NQ futures (Nasdaq-100 E-mini futures), including direction (long or short), maximum loss parameter and potential profit target for the relevant transaction.
Broker: Interactive Brokers Ireland Ltd., the securities broker known to and independently chosen by the Client, with whom the Client maintains a personal brokerage account. Trendl is not a party to the relationship between the Client and the Broker.
Confirmation Protocol: the process described in Article 5 whereby the Client makes an explicit and active choice per Trading Signal to reject or accept the signal before any transaction is executed.
High Water Mark (HWM): the highest net asset level reached by the Client at any point on which Trendl has calculated a Performance Fee. The Performance Fee is calculated exclusively on profits exceeding the most recent High Water Mark.
Performance Fee: the variable fee of 20% on the net realised profit per quarter, calculated in accordance with Article 9 of these Terms.
Article 2 — Identity and positioning of Trendl
2.1 Trendl is a software company that develops and offers quantitative trading software and execution technology for retail investors who independently trade NQ futures through a personal brokerage account with a regulated broker.
2.2 Trendl is not a financial services provider, not an investment firm and not an asset manager within the meaning of the Dutch Financial Supervision Act (Wft). Trendl does not provide personal investment advice and does not manage funds or financial instruments on behalf of Clients.
2.3 Trendl is not supervised by the Dutch Authority for the Financial Markets (AFM) and is not subject to licensing under Article 2:96 Wft. The Broker with whom the Client maintains a brokerage account is supervised by the relevant financial authorities.
2.4 The Client's assets are at all times held exclusively in the Client's own brokerage account with the Broker. Trendl has no custody, management or authority to dispose of the Client's assets.
2.5 Trendl provides software and execution technology only. The Client is at all times the final decision-maker regarding every transaction in his or her brokerage account.
Article 3 — Formation of the Agreement
3.1 The Agreement is formed at the moment the Client has completed the registration process, completed e-mail verification, set a password and activated the Subscription through the Application or the website trendl.io.
3.2 The Client must be at least 18 years of age at the time of registration and must hold a personal brokerage account with the Broker or be willing to open one. Trendl reserves the right to refuse or terminate access if the Client does not meet these requirements.
3.3 Upon registration, the Client expressly accepts these Terms and Conditions, the Privacy Policy and the Disclaimer of Trendl.
Article 4 — Products and access
4.1 Trendl offers two types of subscriptions:
- Signal Subscription: the Client receives Trading Signals via the Application and/or push notifications. The Client is solely responsible for the execution of transactions in his or her brokerage account. There is no technical connection with the Broker.
- Execution Subscription: the Client receives Trading Signals and makes an explicit confirmation choice per signal in accordance with the Confirmation Protocol in Article 5. Upon confirmation by the Client, Trendl sends an order instruction to the Broker.
Current products, pricing, minimum deposit and other characteristics per subscription type are available at trendl.io and the Application.
4.2 Product specifications, historical statistics and risk profiles are available at trendl.io and the Application. Trendl reserves the right to modify these upon notice to the Client.
4.3 Under a Signal Subscription, the Client is solely responsible for the execution of transactions. There is no automatic or technical connection with the Broker.
4.4 Under an Execution Subscription, Trading Signals are executed only after explicit confirmation by the Client in accordance with the Confirmation Protocol in Article 5.
Article 5 — Confirmation Protocol (Execution Subscription)
5.1 As soon as the quantitative model of Trendl generates a Trading Signal, the Client receives a push notification in the Application.
5.2 The following details are displayed per Trading Signal in the Application:
- the financial instrument (NQ futures);
- the direction of the transaction (long or short);
- the maximum loss parameter for this transaction in USD;
- the potential profit target for this transaction in USD;
- the historical statistics of the subscription (win rate, average win/loss, max drawdown, number of transactions).
5.3 The Client makes an explicit and active choice per Trading Signal: reject or accept the signal. Upon acceptance, the Client determines the position size at his or her own discretion, within the options offered by Trendl. Rejection means the signal will not be executed.
5.4 There is no pre-selected choice. The Client must actively make a selection. If the Client does not respond within the validity period of the signal, the signal expires automatically, which is equivalent to rejection.
5.5 Only upon acceptance by the Client does the Software of Trendl send an order instruction to the Broker via the IBKR Client Portal Web API. The Client issues the order instruction to the Broker — not to Trendl.
5.6 Every confirmation choice by the Client, including the timestamp and the selected position size, is recorded with a timestamp in the audit log of Trendl. This log is available to the Client upon request.
5.7 The Client retains the ability at all times to close an open position independently through his or her own account with the Broker, regardless of whether the signal was initiated through the Application.
Article 6 — Obligations of the Client
6.1 By entering into the Agreement, the Client declares that he or she:
- is at least 18 years of age;
- holds a personal brokerage account with the Broker;
- is aware of the risks associated with trading in futures, including the risk of loss of (part of) the invested capital;
- does not use the Services to invest professionally or on behalf of third parties.
6.2 If the Client uses the Software or the Application to professionally invest funds on behalf of third parties, the Client shall be in default by operation of law and shall forfeit to Trendl an immediately payable penalty of €10,000 per violation, without prejudice to the right of Trendl to claim full compensation for damages.
6.3 The Client is responsible for the secure storage of login credentials for the Application and for his or her account with the Broker. Trendl is not liable for damages resulting from unauthorised access by third parties.
6.4 The Client shall ensure that his or her brokerage account with the Broker maintains sufficient balance and margin requirements for the execution of transactions. Trendl is not liable for failed order execution resulting from insufficient balance.
Article 7 — Broker integration
7.1 To participate in an Execution Subscription, the Client must open a personal brokerage account with the Broker and grant Trendl technical access via the IBKR Client Portal Web API, in accordance with the instructions of Trendl and the Broker.
7.2 The relationship between the Client and the Broker is an independent relationship. Trendl is not a party to this relationship and accepts no liability for acts or omissions of the Broker.
7.3 The Client may revoke the technical connection with Trendl at any time through his or her account with the Broker. Upon revocation of the connection, Trendl can no longer submit order instructions on behalf of the Client.
Article 8 — Flat fee and payment terms
8.1 The Client owes the flat fee in accordance with the chosen product (see Article 4.1), payable monthly in advance.
8.2 Payment shall be made through the payment methods offered by Trendl. In the event of late payment, Trendl is entitled to suspend access to the Application and the Software until payment has been made.
8.3 The flat fee is independent of trading results. The flat fee remains payable during loss-making periods as well.
8.4 In the event of early termination of the Subscription, no refund shall be made for flat fees already paid for the current period.
Article 9 — Performance Fee and High Water Mark
9.1 In addition to the flat fee, the Client owes a Performance Fee of 20% on the net realised profit per quarter, calculated on the basis of the High Water Mark principle.
9.2 The Performance Fee is calculated per quarter on the last day of the quarter (31 March, 30 June, 30 September, 31 December).
9.3 The Performance Fee is payable exclusively on profits exceeding the most recent High Water Mark. If the net quarterly profit is negative or the High Water Mark is not exceeded, no Performance Fee is payable for that quarter.
9.4 The High Water Mark is established as the highest cumulative net profit level reached by the Client, measured from the commencement of the Subscription. Losses are carried forward in full to the next quarter.
9.5 The calculation of the Performance Fee is based on net profit amounts as recorded in the audit log of Trendl on the basis of transactions confirmed and executed by the Client.
9.6 Trendl shall provide the Client with a quarterly statement of the calculated Performance Fee.
Article 10 — Risks and risk disclosure
10.1 Trading in NQ futures involves significant financial risks. The value of futures contracts may fluctuate considerably. The Client may lose (part of) his or her invested capital.
10.2 Past performance does not guarantee future results. The historical statistics of Trendl products are indicative and do not constitute a commitment or guarantee.
10.3 Trendl is an IT service provider. The quantitative model of Trendl is based on historical data and statistical patterns. There is no guarantee that the model will continue to generate profitable signals in the future.
10.4 The Client is solely responsible for assessing the risks of trading in futures and for making investment decisions, including the choice to accept or reject a Trading Signal.
Article 11 — Intellectual property
11.1 The Software, the quantitative signal model (Trendl Model-1), the Application, the website trendl.io and all technology, algorithms, methods and content contained therein are and shall remain the exclusive property of Trendl.
11.2 The Subscription grants the Client solely a personal, non-transferable right of use of the Application and the Software for the duration of the Subscription.
11.3 The Client is not permitted to copy, reverse-engineer, modify, distribute or otherwise exploit the Software, the Application or any part thereof without prior written consent of Trendl.
11.4 The algorithmic logic and model parameters of the Trendl signal model are trade secrets and are not disclosed to the Client. Trendl is not obliged to provide insight into the operation of the model other than the risk parameters per Trading Signal as displayed in the Application.
Article 12 — Liability
12.1 Trendl accepts no liability for damages suffered by the Client or third parties, including lost profits or loss of invested funds, arising from the use of the Software, the Application or the Trading Signals of Trendl.
12.2 Trendl accepts no liability for damages resulting from technical failures, delays in order execution, connection errors or other technical shortcomings of the Software, the Application, the Broker or internet infrastructure.
12.3 Trendl accepts no liability for acts or omissions of the Broker, including the rejection of orders, slippage, or the failure to execute order instructions.
12.4 The liability of Trendl is in all cases limited to a maximum of the flat fees paid by the Client to Trendl in the three months preceding the event giving rise to the damage.
12.5 The limitations of liability in this article do not apply in cases of wilful misconduct or gross negligence on the part of Trendl.
Article 13 — Duration and termination
13.1 The Subscription is entered into for a monthly term and is automatically renewed, unless the Client cancels the Subscription before the end of the current month.
13.2 Cancellation shall be made through the Application or by written notice to info@trendl.io.
13.3 Trendl is entitled to terminate the Subscription with immediate effect or to suspend access if the Client acts in violation of these Terms, including the use of the Software for professional asset management on behalf of third parties.
13.4 Upon termination of the Subscription, the right of use of the Software and the Application lapses immediately. Outstanding Performance Fees shall be settled pro rata as of the date of termination.
Article 14 — Amendments
14.1 Trendl reserves the right to amend these Terms. Amendments shall be communicated to the Client at least 30 days before taking effect, through the Application and/or by e-mail.
14.2 If the Client does not agree to an amendment, the Client has the right to terminate the Subscription before the date on which the amendment takes effect.
Article 15 — Governing law and disputes
15.1 These Terms and the Agreement are governed by the laws of the Netherlands.
15.2 Disputes arising from or in connection with the Agreement shall be submitted to the competent court in the district in which Trendl is established, unless mandatory statutory provisions provide otherwise.
Article 16 — Disclaimer and positioning
16.1 Trendl is a software company that offers quantitative trading software and execution technology for NQ futures. Trendl is not a financial services provider or investment firm and does not provide investment advice. Trendl does not manage assets on behalf of Clients.
16.2 Trendl is not supervised by the Dutch Authority for the Financial Markets (AFM) and is not subject to licensing. The Broker with whom the Client maintains a brokerage account is supervised by the relevant financial authorities.
16.3 The Trading Signals of Trendl do not constitute personal investment advice. The Client is solely responsible for every transaction in his or her brokerage account.
16.4 Investing in futures involves risks. You may lose (part of) your invested capital.
Questions? info@trendl.io