1. Agreement to these Terms

These Terms & Conditions ("Terms") govern your access to and use of the JapaneseCowboy website, Discord community, memberships, mentorship, and any related content or services (together, the "Services"), operated by Adam Nagata (JapaneseCowboy) ("we," "us," or "our"). By accessing the Services, joining the Discord, or purchasing a membership or mentorship, you agree to these Terms. If you do not agree, do not use the Services.

2. Educational purpose — not financial advice

All content, calls, ideas, indicators, sessions, and mentorship are provided for educational and informational purposes only. We are not a registered investment adviser, broker-dealer, or financial planner, and nothing we provide is financial, investment, legal, tax, or trading advice, or a recommendation to buy, sell, or hold any security, futures contract, or other instrument. You are solely responsible for your own trading and investment decisions.

3. Trading risk disclaimer

Trading stocks, options, futures, and other instruments carries a substantial risk of loss and is not suitable for every investor. You can lose some or all of your capital. Past performance, example figures, and member results are not indicative of future results. Only trade with money you can afford to lose. You accept full responsibility for your outcomes.

4. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and legally able to enter contracts to use the Services. By using the Services you represent that you meet these requirements and that trading and these Services are lawful where you live.

5. Accounts & Discord access

Access to the community is delivered through Discord and managed through Whop. You are responsible for keeping your account credentials secure and for all activity under your account. Sharing, reselling, or distributing paid access, content, or indicators is prohibited and may result in immediate removal without refund.

6. Memberships, billing & payments

Paid memberships and products are sold and processed through Whop. By purchasing, you authorize the applicable charges (one-time or recurring) and agree to Whop’s terms in addition to ours. Recurring subscriptions renew automatically until cancelled. Prices and features may change; changes apply to future billing periods.

7. Refunds & cancellations

You may cancel a recurring membership at any time through your Whop account; cancellation stops future renewals and your access continues until the end of the current paid period. All membership and product sales are final and non-refundable. Cancelling only prevents future charges — it does not refund amounts already paid. Because access to digital content, community channels, and educational materials is granted immediately on purchase, we do not offer refunds for any billing period, whether or not you used the Services during that period.

8. Mentorship program

The 1-on-1 mentorship is offered on a limited, application basis, and spots are handpicked. Submitting an application does not guarantee selection. Spots, format, duration, scheduling, and pricing are described at the time of enrollment and are governed by a separate Mentorship Agreement that you sign before the program begins; if anything in that agreement conflicts with these Terms, the Mentorship Agreement controls for the mentorship. The mentorship fee is paid in full before the program starts and is non-refundable; instead of cash refunds, the program includes the performance commitment set out in the Mentorship Agreement. Sessions may be rescheduled with reasonable prior notice. Mentorship is educational coaching only and remains subject to Sections 2, 3, and 9.

9. No guarantee of results

We make no promise or guarantee of income, profit, funding, payouts, evaluation passes, or any specific trading outcome. Any examples, screenshots, or figures are illustrative and do not represent typical results. Your results depend on many factors outside our control, including your own skill, discipline, and market conditions.

10. Community conduct

You agree not to: share or leak paid content; harass, spam, or abuse other members; post unlawful, misleading, or harmful material; give financial advice as if you were a licensed professional; or disrupt the community. We may warn, mute, remove, or ban any member at our discretion to protect the community.

11. Intellectual property

All content we provide — including the brand, logo, artwork, indicators, lessons, recordings, and written materials — is owned by us or our licensors and protected by law. You receive a limited, personal, non-transferable license to use it for your own education while your membership is active. You may not copy, redistribute, resell, or create derivative works without our written permission.

12. Third-party services & links

The Services rely on and may link to third parties such as Whop, Discord, prop firms, brokers, YouTube, and others. We do not control and are not responsible for third-party services, their content, or their terms. Your use of them is governed by their own agreements.

13. Limitation of liability

To the maximum extent permitted by law, we and our team are not liable for any trading losses or for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services. Our total liability for any claim will not exceed the amount you paid us in the three (3) months before the event giving rise to the claim.

14. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, or expenses (including reasonable legal fees) arising out of your use of the Services, your trading decisions, or your breach of these Terms.

15. Termination

We may suspend or terminate your access at any time for any breach of these Terms or conduct we deem harmful, without refund where permitted. You may stop using the Services and cancel your membership at any time via Whop.

16. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date shows the latest revision. Continued use of the Services after changes take effect means you accept the updated Terms.

17. Governing law

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. Any disputes will be handled in the courts located in Calgary, Alberta, Canada, unless otherwise required by law.

18. Contact

Questions about these Terms? Contact us at Japanesecowboy70@gmail.com.

This is the mentorship agreement each client signs before the 1-on-1 program begins. It is provided here for transparency; the binding version is the copy you sign electronically at enrollment.

This Day Trading Mentorship Agreement ("Agreement") is entered into as of the date of the last signature below (the "Effective Date"), between Adam Nagata ("Mentor") and the undersigned client ("Client"). Mentor and Client are each a "Party" and together the "Parties."

1. Definitions

"Program" means the 3-month one-on-one day trading mentorship described in Section 2. "Program Start Date" means the date of the Client's first scheduled coaching session. "Prop Firm" means a third-party proprietary trading firm that offers evaluations and funded trading accounts. "Payout" means a withdrawal of trading profits actually paid to and received by the Client from a funded account with a Prop Firm, in any amount, using the account size and Prop Firm specified by the Mentor under Section 4.

2. Program

The Mentor agrees to provide the Client with a 3-month one-on-one day trading mentorship program, including:

• Live or scheduled coaching sessions
• Trade reviews and feedback
• Trading education and strategy instruction
• Ongoing support via Discord, email, or messaging platform
• Educational resources provided by the Mentor

This is an educational mentorship program only. It is not financial, investment, tax, or legal advice, and the Mentor is not acting as a financial advisor, broker, or fiduciary.

3. Program Fee

The Client agrees to pay a total fee of the current price of mentorship in full before the Program begins. The fee is non-refundable except as expressly stated in Section 5, and is separate from any trading capital, Prop Firm evaluation fees, or account costs, which are the Client's sole responsibility. If any payment is reversed, charged back, or disputed, the Mentor may suspend or terminate the Program immediately.

4. Program Requirements & Conditions

The performance guarantee in Section 5 applies only if the Client meets all of the following, within reason, throughout the Program:

1. The Client follows the Mentor's trading plan and risk management rules without material deviation.
2. The Client attends all scheduled coaching sessions unless otherwise agreed or reasonable prior notice is given.
3. The Client executes the strategies taught during the mentorship.
4. The Client does not overtrade outside the Mentor's rules or take unauthorized trades.
5. The Client provides complete and accurate trading records and account statements upon request.
6. The Client maintains consistent communication throughout the Program.
7. The Client begins and maintains a trading account with a prop firm approved by the Mentor, with a minimum account size of 25K, and is responsible for all evaluation fees and any optional subscriptions or tools they choose to use (for example, TradingView).

If any condition above is not met, the performance guarantee in Section 5 is void, and the fee remains fully non-refundable.

5. Performance Guarantee & Continued Support (No Refunds)

No monetary refunds. This Program does not offer cash refunds. The remedy in this Section is the Client's sole and exclusive remedy.

Provided the Client satisfies every condition in Section 4, the Mentor guarantees that the Client will achieve at least one (1) Payout within ninety (90) days of the Program Start Date. If the Client does not, the Mentor will continue to provide one-on-one mentorship at no additional fee until the Client achieves one (1) Payout, up to a maximum of two (2) additional months (the "Extended Support Period"), after which the Mentor's obligations under this guarantee end.

This guarantee is contingent on the continued availability, rules, and operation of third-party Prop Firms and on market conditions, none of which the Mentor controls. The Mentor may review the Client's trade history, account statements, and communications to verify the Section 4 conditions before providing continued support. Nothing in this Section is a promise of profit, income, or any specific financial result.

6. Client Responsibilities

The Client agrees to:

• Follow all risk management rules and the Mentor's trading plan.
• Practice discipline and consistency, and keep accurate records.
• Accept that losses are a normal part of trading and are the Client's responsibility.
• Not share, resell, or redistribute any proprietary educational materials.

7. Assumption of Risk & No Financial Advice

The Client acknowledges and agrees that:

• Trading futures, stocks, options, and other financial instruments involves substantial risk of loss, and the Client may lose some or all of their capital.
• Past performance, examples, and other clients' results do not guarantee future results.
• The Mentor provides education and coaching only and is not a financial advisor, broker-dealer, or fiduciary.
• The Client is solely responsible for their own trading decisions and outcomes and assumes all risk of loss.

8. Limitation of Liability

To the maximum extent permitted by law, the Mentor is not liable for any trading or investment losses incurred by the Client, or for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the Program. The Mentor's total aggregate liability under this Agreement, for any and all claims, will not exceed the total fee actually paid by the Client (the current price of mentorship).

9. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Mentor from and against any claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising out of the Client's trading decisions, use of the Program, breach of this Agreement, or violation of any law or third-party rights (including Prop Firm terms).

10. Intellectual Property

All materials, videos, documents, strategies, recordings, and educational content remain the exclusive property of the Mentor and may not be copied, sold, shared, or redistributed without the Mentor's written permission. The Client receives a limited, personal, non-transferable license to use them for the Client's own education only.

11. Confidentiality

Both Parties agree to keep confidential any personal information, proprietary strategies, and private communications exchanged during the mentorship, and not to disclose them to any third party without consent, except as required by law.

12. Term & Termination

This Agreement begins on the date signed and continues through the Program and any Extended Support Period. The Mentor may suspend or terminate the Program immediately, without refund, if the Client breaches this Agreement, engages in abusive or unlawful conduct, or reverses payment. On termination, Sections relating to intellectual property, confidentiality, assumption of risk, limitation of liability, indemnification, and dispute resolution survive.

13. Dispute Resolution

The Parties will first try to resolve any dispute in good faith by direct discussion. If that does not resolve it, the Parties will attempt mediation with a neutral mediator before escalating. If mediation is unsuccessful, the dispute will be finally settled by binding arbitration or in the courts located in Calgary, Alberta, and each Party consents to that venue. The prevailing Party may recover reasonable legal costs to the extent permitted by law.

14. General Provisions

Independent parties. The Parties are independent; this Agreement creates no partnership, employment, agency, or joint venture. Severability. If any provision is found unenforceable, the rest of the Agreement remains in full effect, and the provision will be modified to the minimum extent necessary to be enforceable. Entire agreement; amendments. This document is the entire agreement between the Parties and supersedes all prior verbal or written agreements. Any change must be in writing and signed by both Parties. Assignment. The Client may not assign or transfer this Agreement. The Mentor may assign it to a successor of the business. Force majeure. Neither Party is liable for delays or failures caused by events beyond its reasonable control. Electronic signatures. The Parties agree this Agreement may be signed electronically and that electronic signatures are valid and binding.

15. Governing Law

This Agreement is governed by and construed under the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-law rules.

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Signatures

By signing below, each Party acknowledges that they have read, understood, and agree to this Agreement, including the assumption of risk, no-refund, and limitation-of-liability terms. The signed copy is completed electronically at enrollment.

Mentor: Adam Nagata (signed)

Client: signed electronically at enrollment

Adam Nagata, carrying on business as Japanese Cowboy ("we", "us", "our"), respects your privacy. This Privacy Policy explains what personal information we collect when you buy a membership or use our community, educational content, and related services (the "Service"), why we collect it, who we share it with, how long we keep it, and the choices and rights you have.

We are based in Alberta, Canada. We handle personal information in accordance with Alberta's Personal Information Protection Act (PIPA) and, for personal information collected in the course of commercial activity across provincial or national borders, Canada's Personal Information Protection and Electronic Documents Act (PIPEDA). If you are in the European Economic Area, the United Kingdom, or California, additional rights described in Section 12 may apply to you.

By using the Service, you consent to the collection, use, and disclosure of your personal information as described here. If you do not agree, please do not use the Service.

1. Who Is Responsible for Your Information

We are the organization accountable for the personal information under our control. Questions, access requests, and complaints can be directed to our Privacy Officer:

Privacy Officer — Adam Nagata, carrying on business as Japanese Cowboy
Email: japanesecowboy70@gmail.com

2. Information We Collect

2.1 Information you give us

• Account and purchase information — name, email address, username, country or region, and the membership tier you bought.
• Billing information — handled by Whop and its payment processors. We receive confirmation of payment, subscription status, the last four digits and card brand, and billing country for tax purposes. We never receive or store your full card number, CVV, or bank credentials.
• Community content — messages, posts, questions, screenshots, and files you share in Discord, chat rooms, or on calls, including any trading information you voluntarily choose to disclose.
• Support and correspondence — emails, tickets, and messages you send us, and our replies.
• Optional submissions — testimonials, survey answers, applications for coaching, and anything you send us in response to a request.

2.2 Information collected automatically

• Usage data — pages and lessons viewed, videos watched and watch duration, log-in times, and features used.
• Device and technical data — IP address, approximate location derived from IP, browser type, operating system, device identifiers, referring URL, and time stamps.
• Cookies and similar technologies — see Section 9.

2.3 Information from third parties

• Whop — order, subscription, refund, and chargeback records, and the identifiers linking your Whop account to your membership.
• Discord or Telegram — your username, user ID, avatar, and membership status in our server, so we can grant and remove access.
• Analytics and advertising platforms — aggregate campaign and traffic measurements, where we use them.

2.4 What we do not want

We do not ask for and do not want your broker log-in credentials, account numbers, API keys with trading permissions, wallet seed phrases, social insurance number, or government identification. Please never send these to us or post them in the community. We also do not knowingly collect sensitive categories of personal information such as health, biometric, or racial or ethnic data.

3. Why We Collect It and Our Legal Basis

We collect and use personal information for the following identified purposes, and we obtain your consent as required by PIPEDA. Where the GDPR or UK GDPR applies to you, the corresponding legal basis is noted.

• To provide the Service — create your account, grant and remove community access, deliver content, and run live sessions. (Performance of a contract.)
• To process payments and manage subscriptions — including renewals, failed payments, refunds, chargebacks, and tax records. (Performance of a contract; legal obligation.)
• To support you — answer questions, resolve issues, and keep records of what was said. (Performance of a contract; legitimate interests.)
• To keep the community safe and enforce our terms — moderation, detecting shared or resold memberships, preventing leaks, fraud, and abuse. (Legitimate interests.)
• To improve the Service — understand which lessons and features are used, fix problems, and develop new material. (Legitimate interests.)
• To communicate with you — service notices, schedule changes, billing alerts, and, where you have consented, marketing. (Performance of a contract; consent.)
• To meet legal and regulatory obligations — tax, accounting, and responding to lawful requests. (Legal obligation.)

We will not use your personal information for a new purpose that is materially different from those above without telling you and, where required, obtaining your consent.

4. Marketing Communications and Anti-Spam

We comply with Canada's Anti-Spam Legislation (CASL). We send commercial electronic messages only where we have your express or implied consent, we identify ourselves and provide our contact information in every message, and we include a working unsubscribe mechanism that we action within ten (10) business days. Withdrawing marketing consent does not stop transactional and service messages that we must send to run your membership, such as billing notices and access changes.

5. Who We Share It With

We do not sell your personal information, and we do not share it for cross-context behavioural advertising. We disclose it only as follows:

• Service providers that process information on our behalf under contract and only on our instructions, including Whop (sales and membership management), payment processors, Discord or Telegram (community delivery), email and course platforms, cloud hosting and storage, video hosting and conferencing, and analytics providers.
• Other members — anything you post in a shared community space is visible to other members and to our moderators. Assume it is not private and can be screenshotted, despite our rules against doing so.
• Professional advisers — our accountants, auditors, insurers, and lawyers, bound by confidentiality.
• Legal and safety disclosures — where required by law, subpoena, court order, or regulatory request, or where reasonably necessary to investigate suspected fraud or illegal activity, enforce our terms, or protect the rights, property, or safety of any person.
• Business transfers — in connection with a merger, acquisition, financing, or sale of assets, subject to the acquirer honouring this Policy for the transferred information.

6. Storage Outside Canada

Our service providers, including Whop, Discord, and our hosting and email providers, store and process personal information on servers located in the United States and other countries. As a result, your personal information may be accessible to courts, law enforcement, and national security authorities of those jurisdictions under their laws. By using the Service, you consent to this transfer. Where the GDPR applies, we rely on Standard Contractual Clauses or another approved transfer mechanism. You may contact our Privacy Officer for more information about our providers and their locations.

7. How Long We Keep It

We keep personal information only as long as necessary for the purposes described above or as required by law. In general:

• Account and membership records — for the life of your membership and for up to two (2) years afterwards, to handle disputes and reinstatement requests.
• Payment, invoicing, and tax records — for at least six (6) years, as required by Canadian tax law.
• Community messages — for as long as the relevant platform retains them or until deleted under our moderation practices; some records of moderation actions are kept longer to enforce bans.
• Support correspondence — up to three (3) years.

When information is no longer needed, we delete it or render it anonymous so that it can no longer be associated with you.

8. Security

We use safeguards appropriate to the sensitivity of the information, including access controls, role-limited administrative accounts, encryption in transit, multi-factor authentication on our critical accounts, and vendor due diligence. No method of transmission or storage is completely secure, so we cannot guarantee absolute security. If a breach occurs that creates a real risk of significant harm, we will notify affected individuals and the Office of the Information and Privacy Commissioner of Alberta and/or the Office of the Privacy Commissioner of Canada as required by PIPA and PIPEDA, and other regulators where applicable.

9. Cookies and Analytics

We and our providers use cookies, local storage, pixels, and similar technologies to keep you signed in, remember preferences, measure how the Service is used, and, where applicable, measure advertising performance. Strictly necessary cookies are required for the Service to function. You can block or delete cookies in your browser settings, and where required we will ask for your consent before setting non-essential cookies. Blocking cookies may break parts of the Service. We do not currently respond to browser Do Not Track signals.

10. Children

The Service is intended for adults only and is not directed at children. We do not knowingly collect personal information from anyone under 18. If you believe a minor has provided us with personal information, contact our Privacy Officer and we will delete it.

11. Third-Party Sites and Platforms

The Service links to and depends on third-party platforms, including Whop, Discord, brokers, and charting providers. Their handling of your information is governed by their own privacy policies, not this one. We encourage you to read them.

12. Your Rights and Choices

12.1 Everyone

You may ask us to confirm whether we hold personal information about you, to give you access to it, to correct information that is inaccurate or incomplete, and to tell you how it has been used and to whom it has been disclosed. You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice; withdrawing consent that is necessary to provide the Service will end your membership.

12.2 If the GDPR or UK GDPR applies to you

You additionally have the right to erasure, restriction of processing, data portability, and to object to processing based on legitimate interests, including profiling. You have the right to lodge a complaint with your local supervisory authority.

12.3 If you are a California resident

You have the right to know the categories and specific pieces of personal information collected, the purposes and categories of recipients, and the right to delete and to correct. You have the right to opt out of sale or sharing; we do not sell or share personal information as those terms are defined by the CCPA/CPRA. We will not discriminate against you for exercising any right.

12.4 How to exercise a right

Email our Privacy Officer at japanesecowboy70@gmail.com with the subject line "Privacy Request". We will verify your identity, usually by confirming control of the email address on your account, and respond within thirty (30) days, or tell you if we need an extension permitted by law. There is no fee for a reasonable request. In limited cases we may refuse, for example where disclosure would reveal another person's information, breach solicitor-client privilege, or where an exception under PIPEDA applies; we will explain why and tell you how to challenge the decision.

13. Complaints

If you are not satisfied with how we have handled your personal information or your request, contact our Privacy Officer first so we can try to resolve it. You may also complain to the Office of the Information and Privacy Commissioner of Alberta (oipc.ab.ca, 1-780-422-6860) or to the Office of the Privacy Commissioner of Canada (priv.gc.ca, 1-800-282-1376). If you live outside Alberta, you may instead be able to complain to the privacy regulator in your own province or country.

14. Changes to This Policy

We may update this Policy. We will post the revised version with a new effective date and, where the change is material, give notice through the Service or by email. Your continued use after the effective date means you accept the updated Policy.

15. Contact

Adam Nagata, carrying on business as Japanese Cowboy
Attention: Privacy Officer
Email: japanesecowboy70@gmail.com