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End-User License Agreement

Last updated: September 27, 2025

This is the End-User License Agreement (“EULA”) for nCubate Software “InvMon”. Please read this Agreement carefully before downloading, installing or using InvMon.

Key Privacy Commitment

Your privacy is our priority. InvMon is designed with privacy at its core. All data you enter and manage in InvMon remains completely private to you and is never transmitted to our servers or shared with any third party. Your financial information, portfolio data, and all other personal data stays on your device under your complete control.

Important: During installation, you will choose where InvMon stores your data. To maintain complete privacy, select a location on your local device and avoid shared drives or cloud-synced folders (like DropBox, OneDrive, iCloud, Google Drive, etc.). This ensures your financial data remains entirely private to you.

This commitment to your data privacy is detailed further in the “Personal Data and Privacy” section of this Agreement.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following definitions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

  • Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of InvMon.

  • Company (referred to as either “the Company”, “nCubate”, “We”, “Us” or “Our” in this Agreement) refers to nCubate Software GmbH, Oberwilerstrasse 88, CH-4054 Basel, Switzerland (the developer of InvMon and the operator of the Website). For the purpose of the GDPR, the Company is the Data Controller.

  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Delta Order InvMon’s portfolio management feature contains functionality which will calculate and present portfolio rebalancing orders called “Delta Orders”. See section “Delta Orders” for more information.
  • Device means any device that can execute the Application such as a desktop or laptop computer.
  • Interactive Brokers® (referred to as either “Interactive Brokers®” or “IB” in this Agreement) refers to a financial services company with which InvMon can communicate programmatically. If You have an account with IB, You can connect to that account from InvMon to obtain Your current account balance, stock quotes and other security data according to Your IB account’s configuration and market data subscriptions. InvMon connects via a locally running Trader Workstation to IB.
  • InvMon (also referred to as “the Application”) refers to the software program “InvMon” provided by the Company and downloaded by You to a Device.
  • License Key refers to an encoded software key used in InvMon to personalize Your copy of InvMon and enable certain features of the Application.
  • Market Data refers to current and historical market data made available to You via the Application. This includes, but is not limited to, past and present quotes like trade, bid and ask prices of stocks, currencies, cryptocurrencies, options, futures, funds, bonds and other instruments for which InvMon can obtain such quotes.
  • Third Party Services means any services or content (including data, information, applications and other products services) provided by a third party that may be displayed, included or made available by the Application.
  • Subscription refers to the InvMon subscription You can sign up for at the Website in order to obtain a License Key.
  • Trader Workstation (referred to as either “Trader Workstation” or “TWS” in this Agreement) refers to a trading software application running on Your Device provided by Interactive Brokers®. InvMon is able to connect to TWS in order to exchange data with Your IB account.

  • Website refers to InvMon’s product website, accessible from www.invmon.com, or just invmon.com, InvMon’s subscription management website at sales.invmon.com, InvMon’s feature board website, accessible from features.invmon.com, and the Company website, accessible from www.ncubate.ch, or just ncubate.ch.

  • You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgment

By downloading, installing or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not download, install or use the Application.

This Agreement is a legal document between You and the Company and it governs Your use of the Application made available to You by the Company.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

License

Scope of License

General Use

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.

The license that is granted to You by the Company is solely for Your personal purposes strictly in accordance with the terms of this Agreement.

Except with written permission from nCubate stating otherwise, this EULA permits You to install InvMon on one or more Devices for their exclusive use. The components of InvMon are licensed as a single unit and may not be separated or virtualized and installed on different devices.

Use of Free or Paid Feature Plans

InvMon can be downloaded and used for free with a limited set of features. nCubate also offers paid feature plans that can be subscribed for. Any use of InvMon, free or paid, or if used during the free trial period of a paid license, is governed by this EULA.

Backup Copies

You are allowed to make a reasonable number of backup copies of InvMon. Such backup copies are intended for archival purposes only and may not be distributed or used for any other purpose.

License Restrictions

You agree not to, and You will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
  • Copy or use the Application for any purpose other than as permitted under the above section ‘License’.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
  • Decrypt or otherwise decode InvMon License Keys.
  • Share InvMon License Keys with any third party. This includes the prohibition to lease, rent or sell License Keys.

Modifications to the Application

The Company reserves the right to modify, suspend, or discontinue the Application or any service to which it connects. This may occur temporarily or permanently, with or without notice, and without liability to You.

Updates to the Application

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) will be subject to the terms and conditions of this Agreement.

The Company may provide critical updates to the Application (including but not limited to updates which include critical fixes, updates to License Keys or updates to important documentation or legal texts). The Company will send out email notifications informing You about such critical updates. You agree to install such critical updates in order to continue using InvMon.

Maintenance and Support

The Company is not required to provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company shall provide such maintenance or support.

Third Party Services

The Application may display, include or make available third party content (including data, information, applications and other products services) or provide links to third party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third Party Services.

You must comply with applicable third parties’ terms of agreement when using the Application. Third Party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such third parties’ Terms and conditions.

There is no guarantee with respect to Market Data. Market Data may be delayed, interrupted, or not available at all, in general, or for certain financial instruments. We may have to change Our current Market Data provider in the future. As a consequence, Market Data that You were used to receiving in the past may not be available anymore after such a change of provider.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from Your Devices and any backup locations.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from Your Devices and any backup locations.

Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the present Agreement.

Evaluation, Subscription, Upgrade, Downgrade, Cancellation

The life-cycle of Your InvMon Subscription (if You choose to subscribe for one) is governed by the Terms & Conditions agreement accessible from invmon.com/terms.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

The Company is not responsible for the availability of, content of, or accuracy of Market Data. The Company expressly disclaims all warranties and liability arising from claims related to interruptions, delays, the unavailability or inoperability, inaccuracies, errors, or omissions of Market Data.

Without limiting the foregoing, neither the Company nor any of the Company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.

Personal Data and Privacy

Your Data Entered in InvMon is Not Shared

InvMon doesn’t share Your data with the Company nor with any third party. The data You enter in InvMon is and remains private to You. It is either kept in memory on Your Device while You’re using InvMon or stored in InvMon’s data directory, which is a directory chosen by You when You installed InvMon.

When installing InvMon, to keep Your data private, do not choose a data directory that is located on a shared drive or on a drive that is part of some cloud data sharing service like DropBox, OneDrive, iCloud, Google Drive, etc.

Privacy of Your Subscription data

The data You enter on the Website when You sign up for an InvMon Subscription, or when you register for a free License Key, is governed by the Privacy Policy accessible from invmon.com/privacy-policy.

Intellectual Property

This EULA is for the licensed use of InvMon and is not an agreement for sale. You acknowledge that no ownership rights are being conveyed to You under this EULA or otherwise. All rights, title, and interests, including, but not limited to, all copyrights, trade secret rights, patent and trademark rights, whether foreign or domestic, in and to the Software are owned by nCubate and its licensors (the list of those licensors and third party copyright notices is displayed in InvMon’s About dialog).

THE APPLICATION IS PROTECTED BY SWISS COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. NCUBATE AND/OR ITS SUPPLIERS OR LICENSORS ARE AND SHALL REMAIN THE OWNERS OF ALL INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE. INVMON IS LICENSED ON A NON-EXCLUSIVE, NON-ASSIGNABLE, NON-TRANSFERABLE, LIMITED PERSONAL BASIS. THE SOFTWARE IS NOT SOLD.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

The Application and the Website may contain links to third party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third party websites or services that You visit.

Delta Orders

InvMon contains functionality which will calculate and display portfolio rebalancing orders called Delta Orders. Delta Orders are not trading suggestions. They are the result of calculating the difference between what You currently hold in Your portfolio and what You would like to hold, based on the current position size, estimated price of the securities involved and Your desired investment targets as input by You in InvMon.

Delta Orders shown and/or submitted to TWS are based on market prices available to InvMon, which may be delayed or outdated for various reasons. As a result, expect Delta Order sizes calculated to be sub-optimal or even incorrect.

Delta Orders submitted to TWS will create limit orders in TWS. Consider adjusting the order type and limit price in TWS to achieve optimal execution prices. Subsequently submitting those orders for execution comes with its own set of risks. These risks are subject to Interactive Brokers® terms of use.

Disclaimer and Limitation of Liability

Disclaimers

nCubate is not a financial product advisory company

Any information displayed in InvMon must not be used or interpreted as financial product advice. The information provided in InvMon is numeric information only based on publicly available data, data entered by You or data otherwise available to Us. The information presented in InvMon’s performance reports and charts is derived from that information as a result of commonly used calculations. This information is not a recommendation nor is it a statement of opinion. The information should not be relied upon for making investment decisions. It is recommended that You seek Your own independent financial advice before making any decisions in relation to Your investments.

InvMon is not intended for tax purposes

The data presented in InvMon, like gains, losses, fees, dividends, interests or other data, is provided for informational purposes only and is not provided for tax purposes. Information provided is not conclusive and does not constitute tax advice. nCubate is not a registered tax agent and does not provide tax advice. If You choose to use InvMon as a source of data when preparing Your tax statements, You do so under Your own responsibility and at Your own risk.

Delta Orders are not trading recommendations

Delta Orders are neither recommendations nor suggestions for trading of a particular instrument or security. As described in section ‘Delta Orders’, they reflect the difference between what You currently hold in Your portfolio and what You would like to hold based on targets entered by You applying straightforward calculations. They are provided for convenience only. You bear all the risk of using Delta Orders for trading or as a basis for Your trading decisions.

No trading recommendations are provided

Any trading symbols displayed in InvMon documentation or on the Website are for illustrative purposes only and do not constitute trading recommendations.

Limitation of Liability

Under the terms of this Agreement, You waive the right to hold the Company responsible for any damages You might incur from executing Delta Orders, or using Delta Orders as a basis for trading.

Regardless of any damages You may incur (including, without limitation, all direct or general damages), the Company’s total liability and Your exclusive remedy for any claim shall be limited to the amount You have paid for the Subscription, or 10 USD if no payment has been made.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third party software and/or third party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Product Claims

The Company does not make any warranties concerning the Application.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. We will notify You by email of any such change. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application beyond the Subscription period You’ve already paid for. If You do not agree to the new terms, and You’re using InvMon for free, You are no longer authorized to use the Application beyond the effective date of the new revision.

Disputes Resolution

If You have any concern or dispute about this EULA or Your use of the Application, You agree to first try to resolve the dispute informally by contacting the Company.

Governing Law

The laws of Switzerland, excluding its conflicts of law rules, shall govern this Agreement and Your use of InvMon. You agree to submit to the exclusive jurisdiction of the courts located in Basel, Switzerland to resolve any legal matter arising from these Terms. Notwithstanding this, You agree that the Company must be allowed to apply for injunctive remedies in any jurisdiction.

Your use of InvMon may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding Your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.

Contact Us

If You have any questions about this Agreement, You can contact Us:

  • By email: office@invmon.com