Table of contents
1 – Introduction
2 – The Services
3 – Warranties and Liabilities
4 – Third Party Websites and Services
5 – Content and Responsibility
6 – Limitation of Liability
7 – Indemnification
8 – Data Protection, Privacy and Cookies
9 – Changes
10 – Termination
11 – Assignment to Third Parties
12 – Severability
13 – Entire Agreement
14 – Applicable Law and Jurisdiction
2. The Services
2.1 As a User of our services, you will be provided with access to certain codes/algorithms to assist you in your trading. You will be allowed to import the codes/algorithms through a file sent to you through our Service and which you may then use in your various trading accounts. You may either use the code through a demo-account or adopting it to an account with real-time purchases using your own money, under your decision. We do not in any way attempt to influence the User in terms of how you use our Services and do not take any responsibility for any decisions, financial or otherwise, that you make through the use of our Services. After your subscription period has ended, access to our Services will be terminated.
2.1.1 The Services function in a simple fashion where you, as the User, place an order. Your file including access to certain codes and algorithms is sent to you during your subscription period. You import the file to your demo-account or real account for trading purposes. The Services will be terminated after the agreed license period is ended.
2.1.2 Any further services may require payment before you can access them.
3. Warranties and Liabilities
3.1 The User hereby represents and warrants to the company as follows:
- Your use of our Services, i.e. our codes and algorithms, including any comments that you may post on third-party websites, is not and will not be unlawful, offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
- Your use of our Services, i.e. our codes and algorithms, does not and will not create any liability on the part of the Company, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
- No portion of our Services should be viewed as being intended to be nor should it be understood by you as being investment advice from or by us.
- Unless otherwise expressly stated to the contrary, our Services are not intended for the purpose of providing personal financial or investment advice. Our Services do not take into account your particular investment objectives, financial situation or investment needs. Any Algorithms offered through our Services are used at your own risk.
3.2 The Company reserves the right to terminate your access to our codes and algorithms, suspend or terminate your access to the Services and/or pursue all legal remedies if we believe that any of use or conduct by you breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation. You represent and warrant that You have obtained and/or will obtain any and all necessary and legally enforceable written consent.
3.3 You, as a User are solely responsible for your use of our Services and any codes or algorithms that you gain access to through our Services in any way that you upload, post or distribute to, on or through third-party websites, and to the extent permissible by law, the Company excludes all liability with respect to your use of our Services and the activities of its users with respect thereto.
3.4 You, as a User, understand that you are responsible for assessing our Services in relation to your particular objectives of use. You should not use our Services before assessing how our Services are suited to your needs.
3.5 You, as a User, understand that any decisions made by you based on your use of our Services are made solely at your discretion and we accept no liability for any actions you have taken based on your use of our Services. We strongly advise you to seek sound investment advice from accredited professionals before using our Services or make any financial decisions.
3.7 You, as a User, understand that we do not guarantee any results in terms of the performance of your investments that you have made based on your use of our Services.
3.8 You, as a User, understand that to the extent permissible by law, we will not be held liable for any loss or damages suffered by you through your use or access to our Services.
4. Third Party Websites and Services
4.1 The Services that you receive membership to through us, may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Services”).
4.2 The Company does not have or maintain any control over nor does it take any responsibility for the External Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, we do not not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
4.3 ProRealTime™ is a trademark registered by the third-party entity ProRealTime SAS.
5. Content and Responsibility
6. Limitation of Liability
6.1 In no event shall us aggregate liability to you under this agreement exceed the greater of 100 euro or the amounts (if any) paid by you to us during the previous twelve (12) months for the services giving rise to the claim.
6.2 The Company and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, shall have no liability for:
- any loss or damage arising from:
- your inability to access or use the Services or any part or parts thereof, or to access any content or any external services via the website;
- any changes that the Company may make to our Services or any part thereof, or any temporary or permanent suspension or cessation of access to our Services or any content in or from any or all territories;
- any action taken against you by third party rights holders with respect to any alleged infringement of such third party’s rights relating to your use of the Services, or any action taken as part of an investigation by the Company or any relevant law enforcement authority regarding your use of the Services;
- any errors or omissions in the website’s technical operation, or from any inaccuracy or defect in any content or any information relating to content on our Website;
- your failure to provide the Company with accurate or complete information, or your failure to keep your username or password suitably confidential;
- any loss or damage to any computer hardware or software, any loss of data), or any loss or damage from any security breach; and/or
- you understand that our Services do not constitute financial advice, financial planning or act as a service in any way that provides advice financial issues or trading. We provide a Service where your subscription grants you access to specific codes and algorithms that act as tools in terms of financial asset filtration. Our Services are not provided by financial planners, registered accountants or any entity registered with a license to act as a financial service. As such, our Services should not be viewed as constituting independent investment analysis.
You hereby agree to indemnify, defend and hold harmless the Company, its successors, assigns, affiliates, agents, directors, officers, employees, partners and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
- any third-party claim of loss or damages due to your use of the codes and algorithms provided to you through your subscription to our Services.
8. Data Protection, Privacy and Cookies
9.1 The Company reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to our Services, our codes and algorithms or any part thereof or any other tool provided through our Services, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, the Company shall use its reasonable endeavours to notify registered users of such decision in advance. Any such decision will be made at our discretion.
9.2 You hereby agree that the Company and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, partners and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website and/or any Services that the Company may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
9.3 We may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its subscription services from time to time.
10.1 You may terminate this Agreement at any time by sending notice in writing to firstname.lastname@example.org confirming such termination, deleting your account and thereafter by ceasing to use the Services and the codes and algorithms provided through our Services.
10.2 If you have paid for your use of the Services and terminate this Agreement before the end of your subscription, we are unable to offer any refund for any unexpired period of your subscription.
11. Assignment to Third Parties
The Company may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without prior notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of the Company. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of the Company. Any such requests of assignment of rights will be handled at the sole discretion of the Company.
13. Entire Agreement
14. Applicable Law and Jurisdiction
14.1 Any potential dispute shall be settled in accordance with Estonian Law and at the District Court of Tallinn.
14.2 The services hereunder are offered by our company, incorporated under the laws of Estonia. You may contact us by sending correspondence to the foregoing address or by emailing us at email@example.com or firstname.lastname@example.org