AMAuctionMarketTheoryNQ EDITION

Risk Disclosure and Disclaimer

Product: AuctionMarketTheory (NQ Edition) — a technical analysis indicator for NinjaTrader 8 and ATAS Provider: AuctionMarketTheoryIndicator ("we", "us", "the Provider") Effective date: 31 August 2026 Last updated: 31 August 2026

0. Read this first — the short version

  • This is a software tool, not advice. It draws levels and labels market conditions. It does not tell you what to buy or sell.
  • We make no claim about profitability, accuracy or win rate. Not on this page, not on our website, not anywhere. That is deliberate.
  • Trading futures can lose you more money than you put in. It is not suitable for everyone.
  • Every decision you take, and every result of it, is yours alone.

The rest of this document says the same thing in the detail the law expects. Please read it all.

1. What the Product is

AuctionMarketTheory (NQ Edition) is a technical analysis and market-context indicator that runs inside the NinjaTrader 8 and ATAS charting platforms. It processes price and volume data that your platform and data feed already provide, and displays the result on your chart. Specifically, it:

  • tracks Regular Trading Hours and overnight sessions and their ranges, volume and inventory;
  • plots reference levels (previous session high/low/close, gap and half-gap, overnight high/low, previous week high/low, Initial Balance high/low and its extensions);
  • classifies the opening and the developing day type according to the concepts of Auction Market Theory / Market Profile;
  • characterises session extremes (excess, poor high/low, and similar descriptive labels).

2. What the Product is not

The Product is not, and must not be treated as, any of the following:

  • Financial, investment, trading, tax or legal advice, or a personal recommendation of any kind.
  • A recommendation, offer or solicitation to buy or sell any futures contract, security, or any other financial instrument.
  • A trading system, a signal service, an automated strategy, an expert advisor, a bot, or an order-execution tool. The Product does not place, modify, or cancel orders, and has no connection to your broker or your account.
  • A statement about what any market will do. Its labels describe what has already happened in the data; they are descriptions, not predictions.
  • A guarantee, promise or projection of any financial outcome.

We have no knowledge of your account, your capital, your risk tolerance, your objectives, your tax position or your circumstances, and the Product's output is identical for every user regardless of those things.

3. No adviser relationship, no registration

The Provider is not registered with the U.S. Commodity Futures Trading Commission (CFTC) in any capacity, is not a member of the National Futures Association (NFA), and is not registered or licensed as an investment adviser, broker, dealer or financial adviser in any jurisdiction. No fiduciary, advisory or agency relationship is created between you and the Provider by your purchase or use of the Product.

Under the U.S. Commodity Exchange Act, a "commodity trading advisor" is broadly defined as a person who, for compensation or profit, advises others as to the value of or advisability of trading in commodity interests, or who issues analyses or reports concerning such trading. The definition expressly excludes certain persons, including "the publisher or producer of any print or electronic data of general and regular dissemination, including its employees," where the provision of such advice is solely incidental to their business (7 U.S.C. § 1a(12)).

Separately, CFTC Regulation 4.14(a)(9) exempts from registration a person whose commodity trading advice is not based on, or tailored to, the commodity interest or cash market positions or other circumstances or characteristics of particular clients (17 C.F.R. § 4.14(a)(9)).

When the CFTC adopted that exemption, it described its purpose as creating an exemption from registration for advisors "that provide standardized advice by means of media such as newsletters, prerecorded telephone newslines, Internet web sites, and non-customized computer software" (65 FR 12938, 10 March 2000).

The Product is standardised software distributed to all purchasers in identical form. It is not customised to, and does not take account of, any individual user's positions or circumstances. On that basis we do not consider the Provider to be acting as a commodity trading advisor requiring registration.

4. Substantial risk of loss in futures trading

Trading futures and other leveraged instruments involves a substantial risk of loss and is not suitable for every investor. Before trading you should carefully consider your financial condition, experience and objectives, and seek independent advice if you are in any doubt.

In particular:

  • Leverage works both ways. A small adverse move in the underlying market can produce a loss that is large relative to the margin you deposited.
  • You can lose more than your initial deposit. Depending on your broker, your account type and market conditions, losses may exceed the funds you deposited and you may be required to pay more.
  • Markets can gap. Prices can move sharply through your intended exit level without trading there. Stop orders do not guarantee execution at the stop price.
  • Liquidity can disappear, spreads can widen, and orders may not be filled at or near the quoted price, especially around economic releases, the open and the close.
  • Technology can fail. Platform outages, data-feed interruptions, internet failures and broker system issues can prevent you from entering or exiting positions.

You should only trade with risk capital — money you can afford to lose entirely without affecting your financial security or lifestyle.

5. No performance claims — by design

We make no representation, warranty or claim, express or implied, about profitability, accuracy, win rate, expectancy, drawdown, or any other measure of trading result associated with the Product.

This is a deliberate choice on our part. Any statement you may encounter — from any source — that promises or implies a specific financial result from using this Product is not authorised by us and should not be relied upon. This applies equally to statements made by affiliates, resellers, influencers, community members, or any third party. See section 9.

6. Hypothetical and simulated results

Any chart, screenshot, illustration, backtest, replay, example or scenario shown on our website, in our documentation, in our marketing materials, or inside the Product itself is provided only to illustrate how the software displays information. It is not a record of actual trading, not a recommendation, and not an indication of any result you should expect.

Where hypothetical or simulated performance is presented, the following statement, prescribed by CFTC Regulation 4.41(b)(1)(i), applies:

These results are based on simulated or hypothetical performance results that have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. Also, because these trades have not actually been executed, these results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.

Source: 17 C.F.R. § 4.41(b)(1)(i). Note that by its own terms § 4.41 applies "regardless of whether the commodity pool operator or commodity trading advisor is exempt from registration under the Act" (§ 4.41(c)(2)), and it covers electronic media, internet and e-mail (§ 4.41(c)(1)). Where such material is presented other than orally, this statement must be prominently disclosed and in immediate proximity to the hypothetical performance being shown (§ 4.41(b)(2)) — a link to this page is not sufficient on its own.

Operational note for the site owner: if you publish any screenshot, replay clip or example that a reasonable viewer could read as a trading result, put the boxed statement above next to it, not only here.

Past performance — actual or hypothetical — is not indicative of future results.

7. Limitations of the software itself

Even used exactly as intended, the Product has limits you should understand:

  • It depends entirely on data supplied by your platform and data feed. Incorrect, delayed, incomplete, revised or missing data will produce incorrect output. We do not supply market data and do not control it.
  • Its output changes as a session develops. Classifications such as opening type, day type and extreme quality are computed from bars available at the time and may change, or be revised, as new bars form. A label shown mid-session is not a final verdict.
  • Its classifications are approximations of a discretionary framework. Auction Market Theory concepts are interpretive; reasonable analysts disagree about how to apply them. The Product applies one specific set of rules and thresholds, chosen by us. Other practitioners would draw the lines differently.
  • Settings change the output. Session hours, Initial Balance duration, tick thresholds and averaging windows are user-configurable; different settings produce different labels.
  • It is instrument- and session-specific. It is designed and parameterised around the E-mini Nasdaq-100 (NQ) futures contract and a standard RTH session. Behaviour on other instruments, other session definitions, holidays, half-days, roll dates or illiquid periods may be unreliable.
  • Software can contain defects. We do not warrant that the Product is error-free or will run without interruption. See the warranty and liability sections of the Terms of Service.

8. Your responsibility

You are solely responsible for your own trading and investment decisions and for all consequences of them, including all losses.

By using the Product you acknowledge and agree that:

  • you make your own independent decisions, using your own judgement, and at your own risk;
  • you do not rely on the Product, on us, or on any of our materials as the basis for any decision;
  • we are not responsible for, and have no liability for, any trade you place or do not place, any profit you fail to make, or any loss you incur;
  • you are responsible for your own risk management, position sizing and use of protective orders;
  • you should consider seeking advice from an independent, appropriately licensed financial professional before trading.

9. Third parties, affiliates and testimonials

We operate an affiliate programme under which third parties may promote the Product in exchange for a share of revenue. Affiliates, influencers, resellers and community members are not our agents and are not authorised to make representations on our behalf. Any performance claim, guarantee or promise made by such a person is unauthorised, and we accept no responsibility for it.

Under the FTC's Endorsement Guides, "when there exists a connection between the endorser and the seller of the advertised product that might materially affect the weight or credibility of the endorsement, and that connection is not reasonably expected by the audience, such connection must be disclosed clearly and conspicuously" (16 C.F.R. § 255.5). We require our affiliates to disclose their compensated relationship clearly and conspicuously in every promotion.

Where we publish a testimonial, we will disclose — as required by 17 C.F.R. § 4.41(a)(3) — that the testimonial may not be representative of the experience of other clients, that it is no guarantee of future performance or success, and, if more than a nominal sum was paid, that it is a paid testimonial.

10. Jurisdiction and eligibility

The Product is offered from Argentina and is not directed at any person in any jurisdiction where its distribution or use would be contrary to local law or regulation. It is your responsibility to determine whether your use of the Product complies with the laws applicable to you, and to obtain any licence or authorisation you may need before trading futures in your jurisdiction.

11. Relationship to our other documents

This Risk Disclosure forms part of, and should be read together with, our Terms of Service and Licence Agreement, our Refund Policy and our Privacy Policy. Where the Terms of Service disclaim warranties and limit our liability, those provisions apply to everything described here.

12. Changes

We may update this Risk Disclosure from time to time. The current version is always the one published at https://amtindicator.com/legal/risk-disclosure. The "Last updated" date at the top shows when it last changed.

13. Contact

Questions about this disclosure: support@amtindicator.com

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