Terms of Use
These terms and conditions (the “Terms”) are a legal agreement between the website
www.optimal-portfolio.com and its owners (collectively, the “Group” or “We”)
and you, the
end-user (“you”), and they govern your access and use of the website
www.optimal-portfolio.com (and all related sub-domains and sub-directories), its mobile
applications and all content and services provided therein (respectively, the “Site”,
the
“Apps”, and collectively the “>Services”).
BY ACCESSING OR USING THE SERVICES, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS. PLEASE READ
THE PRIVACY POLICY, COOKIE POLICY, RISK WARNING AND ALL OF THE FOLLOWING TERMS AND
CONDITIONS INCLUDING THE SPECIAL CONDITIONS (DETAILED BELOW) (COLLECTIVELY, THE “POLICIES”)
BEFORE ACCESSING OR USING OUR SERVICES.
If you do not agree to any of the Policies, you are requested to immediately cease any
access and use of our Services.
You confirm that you are over the age of 18 (and above the minimum age required to enter
into a legal agreement in your jurisdiction), as the Services are not intended for minors
under 18. If it comes to our attention that a registered user is under 18 years of age, we
maintain the right to cancel such user's account.
1. Changes to the Terms and Conditions
We reserve the right to amend, remove, or add to these Terms at any time. Please check the
“Last modified” heading at the bottom of this document to see when the Terms were last
updated. Any changes to the Terms will become effective immediately after they are posted.
Your continued use of the Services following any changes to the Terms means that you accept
the updated Terms.
If, at any time, you decide that you do not accept these Terms, you are requested to
immediately cease any further use of the Services. Any terms and conditions proposed by you
which are in addition to, or which conflict with these Terms are expressly rejected by the
Group and will have no force or effect.
2. Changes to the Services
You understand and agree that We may discontinue or change all or any portion of the Services at any time, without notice. Furthermore, we may decide, at our sole discretion, to impose certain fees or other conditions in order to access and use any portion of the Service at any time. You also understand and agree that www.optimal-portfolio.com and its owners may discontinue or restrict your use of the Services for any reason without notice.
3. Risk Disclaimer
Trading in financial instruments, including without limitation, stocks, bonds, cryptocurrencies, CFDs and Forex, involves high risks, including the risk of losing your investment amount, and may not be suitable for all investors. Trading on margin substantially increases the financial risks. Using a high level of leverage to conduct financial transactions (including, without limitation, foreign exchange transactions) involves the risk that borrowing costs will be higher than the income which is derived from the assets. The result of the above is that even a slight fluctuation of the market could mean substantial gains when these fluctuations are in your favor, but that could also mean substantial losses if the fluctuations are to your detriment. You alone are responsible for any losses you may incur as a result of your reliance on the Services and any information, data, article or other content (the “Content”) accessed by you through the Services. Before making any investment, we strongly urge you to seek advice from a licensed financial advisor. For more information, please see our Risk Warning.
4. No Investment Advice
The Services and the Content are provided to you solely for your general informational purposes, and should not be considered as legal, tax, accounting, financial or investment advice. Optimal-portfolio.com and its owners are not licensed securities dealer, broker, investment adviser, investment bank and do not provide any financial services. Nothing in the Services represents a recommendation to buy or sell any financial instrument, nor does it reflect the views of the Group or its management, employees or consultants. You are solely responsible for determining whether any investment is suitable for you, considering your investment objectives, risk tolerance and personal financial situation. It is also your responsibility to evaluate the merits and risks of using the information provided on this site before making any decisions.
5. Disclaimer of Warranties
THE SERVICES, THE CONTENT AND THE MARKET IFNORMATION ARE PROVIDED “AS IS”, WITHOUT ANY
WARRANTIES WHATSOEVER. THE GROUP AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS,
AGENTS, SHAREHOLDERS AND LICENSORS (THE “REPRESENTATIVES”) CANNOT AND DO NOT WARRANT
THE
ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES OR CONTENT WILL BE ERROR FREE. THE
SERVICES AND THE CONTENT, AND THE GROUP HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED
WARRANTIES. THE GROUP MAY MODIFY, SUSPEND, OR DISCONTINUE THE SERVICES OR ANY PART THEREOF
WITH OR WITHOUT NOTICE, AND THE REPSRESENTATIVES ASSUME NO LIABILITY IN CONNECTION
THEREWITH. IN NO EVENT SHALL THE REPRESENTATIVESBE LIABLE TO YOU OR TO ANY THIRD PARTY OR TO
ANYONE ELSE FOR ANY KIND OF FINANCIAL LOSS, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGE OR ANY OTHER SIMILAR DAMAGE OR ANY OTHER LOSS OR INJURY, RESULTING
DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICES, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE
OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR
DELIVERING THE SERVICESAND ANY CONTENT ON THEREON.
IN NO EVENT SHALL THE REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY OR ANYONE ELSE FOR
ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY YOU IN RELIANCE ON THE SERVICES OF THE
CONTENT ON THE SERVICES OR THE SERVICES THEMSELVES.
FURTHERMORE, DUE TO THE NUMBER OF SOURCES FROM WHICH THE CONTENT PRESENTED ON OUR SERVICES
IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS,
OMISSIONS OR INACCURACIES IN SUCH CONTENT AND THE SERVICES. THE GROUP DOES NOT WARRANT THAT
THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE
SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHERMORE, THE GROUP DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE
SERVICES (INCLUDING ANY OF THE SUBSCRIPTION SERVICES) AT ALL TIMES OR LOCATIONS OF YOUR
CHOOSING, OR THAT THE GROUP WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN
ANY GEOGRAPHIC LOCATION. THERE MAY BE GEOGRAPHIC LOCATIONS IN WHICH THE SERVICES (INCLUDING
THE SUBSCRIPTION SERVICES) MAY NOT BE AVAILABLE.
THE GROUP WILL NOT BE LIABLE IN ANY WAY IN THE EVENT OF ANY FAILURE OF, OR DAMAGE OR
DESTRUCTION TO YOUR COMPUTER SYSTEMS, DATA, RECORDS OR ANY PART THEREOF, OR FOR DELAYS,
LOSSES, ERRORS OR OMISSIONS RESULTING FROM YOUR USE OF THE SERVICE OR FROM THE FAILURE OR
MISMANAGEMENT OF ANY TELECOMMUNICATIONS, COMPUTER EQUIPMENT OR SOFTWARE, OR FOR ANY OTHER
TECHNICAL PROBLEMS, SYSTEM FAILURES AND MALFUNCTIONS, COMMUNICATION LINE FAILURES, EQUIPMENT
OR SOFTWARE FAILURES OR MALFUNCTIONS, SYSTEM ACCESS ISSUES, SYSTEM CAPACITY ISSUES, HIGH
INTERNET TRAFFIC DEMAND, SECURITY BREACHES AND UNAUTHORIZED ACCESS, AND OTHER SIMILAR
COMPUTER PROBLEMS AND DEFECTS. THE GROUP WILL NOT BE REPSONSLE FOR ANY INABILITY TO ACESS
THE SERVICES OR ANY PORTION THEREOF, WHETHER RESULTING FROM ANY TECHNICAL MALFUNCTION,
GEOGRAPHICAL LIMITATION OR SUCH OTHER REASON.
6. Use and Access
Your use of the Services requires certain electronic equipment, such as a computer, mobile
phone and internet connection. You shall be solely responsible for providing and maintaining
the means by which you use the Services. You shall be responsible for all access and service
fees necessary to connect to the Services and assume all charges incurred by your use of
such connectivity services. You further assume all risks associated with the use and storage
of information on your personal computer, mobile device or any other computer or device
through which you will gain access to the Services (hereinafter referred to as
“Computer”).
You represent and warrant that you have implemented and will continue to maintain
appropriate protection in relation to the security and control of your Computer and any
information and data included therein.
You will not in any way, whether directly or indirectly, expose the Group or any of its
online service providers to any computer virus or other similarly harmful or inappropriate
material or device.
7. Your Account
Access to certain features of the Service may require you to set up an account on the
Service (an “Account”). As part of the registration, you may be required to provide
certain
personal data, such as your full name, email address, password, and phone number (the
“Registration Credentials”). Alternatively, for your convenience, you can register
via your
account with certain social media sites such as Facebook, Apple or Google (or such other
social media sites available at the date of your registration) (the “Third Party
Account(s)”). For the avoidance of doubt, we retain the right to remove the ability to
register or login to Service through any of the aforementioned Third Party Account, and in
such event you may be asked to reregister trough a different method. You undertake that your
Registration Credentials are accurate, truthful and updated. We reserve the right to block
the creation of your Account based on our inability to confirm the authenticity of your
Registration Credentials. Please see our Privacy Policy for more information about logging
in to your Account either by providing your Registration Credentials or via a Third Party
Account.
You are solely responsible for maintaining the confidentiality of your email address and
password and you must immediately notify us of any actual or suspected unauthorized use of
your Account. You are solely responsible for all activity and usage of your Account,
including, but not limited to, use of the Account by any third party authorized by you to
use your email address and password. We permit you to maintain only one Account to access
the Services at any time and you hereby represent that you currently have no other
Account(s). We reserve the right to close your Account, in our sole discretion, at any time
without notice.
8. Closing Your Account
You may close your Account at any time by communicating us in writing and clearly express you desire to close your account. You must complete the unsubscribing process in the manner described by us. Upon completion of the unsubscribing process, you will receive an automated confirmation via e-mail that the request was received, and your Account will be closed immediately.
10. Limitations on Use
Without limiting the generality of the foregoing or anything else set forth herein, your use of the Services is subject to the following restrictions:
- Any use of the Services shall be solely for your own personal use only. You are strictly prohibited from using any portion of the Services or the Content for any commercial or business purposes.
- You may not sell, rent, lease, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, copy, modify, or otherwise make unauthorized use of the Services, the Content or our trademarks, logos, brand names or any other similar identifying mark, or any copyright or proprietary notices incorporated into the Services or the Market Information (collectively “Marks”), without our prior explicit written consent (which may be given or refused at its sole discretion on a case by case basis).
- You shall not access or use the Services or the Content in order to build a similar or competitive service. You are expressly forbidden from employing any automated system or software to extract data for content from this website for any purpose. This includes, but is not limited to, scraping, data mining, robot or spider programs, and other automatic devices, tools, or processes to access, extract, download, or copy any data or information from the website. Without derogating from the above, you shall not otherwise violate other users' or third parties' rights to privacy, publicity and other rights, by collecting, harvesting, indexing or aggregating, data and information about other users or third parties without their consent, whether manually or automatically, with the use of any means, or engage in testing, penetration testing, sniffing or monitoring of the Services, or our systems, software or hardware in any way.
- You are prohibited from using the Services or Content in any way which may promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary and data protection rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), information protection and privacy, including, but not limited to, content which disseminates another person's personal information without his or her permission.
- You shall not disassemble, decompile or reverse engineer any part of the Services, without our prior explicit written consent (which may be given or refused at its discretion on a case-by-case basis).
- You shall not impersonate any person or entity or otherwise misrepresent affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate contact information.
- You may not remove, circumvent, disable, damage or otherwise interfere with any features of the Services or the Content, or interfere with, corrupt, or disrupt the operation or performance of the Services or the ability of any other person to use them (including, without limitation, by attempting to degrade the performance of the servers in any way).
- You must not circumvent any measures employed by the Group to prevent or restrict access to the site or any portion thereof, including, without limitation, any paywall or any features that enforce limitations on the use of the Service or the Content.
- You may not use the Services in connection with material, content or information which could deem to be offensive, inaccurate, incomplete, abusive, obscene, objectionable, defamatory, libelous, fraudulent or deceptive, indecent, pornographic, profane, threatening, advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for minors, racially or ethnically offensive, advocating racism, bigotry, hatred or physical harm of any kind against any group or individual, or disparaging the religious, political, or legal agenda of any person or entity, or is otherwise inconsistent with these Terms including any of our related policies.
11. User Content
Throughout your use of the Site and the Services you may have several opportunities to
publish or submit User Content (as defined below). By publishing any User Content you hereby
irrevocably agree to the rules and instructions detailed below.
“User Content” means any and all information and content that you or any other user
submits
to us, in connection with your or their use or the Services, including, without limitation,
forum comments, sentiments published and user articles.
You are solely responsible for any User Content created by anyone using your Account (“Your
User Content”), its accuracy and compliance with applicable laws, regulations and these
Terms and Conditions. You assume all risks associated with the use of Your User Content,
including, without limitation, any reliance on its accuracy, completeness or usefulness by
others, or any disclosure of Your User Content that makes you or any third party personally
identifiable.
You hereby represent and warrant that: (a) You are the sole owner of Your User Content, or
have sufficient rights and authority thereto; (b) Your User Content does not violate these
Terms and Conditions and/or any applicable laws or regulations; (c) Your User Content does
not contain any virus, adware, spyware, worms, or other harmful or malicious code; and (d)
your User Content is not offensive, inaccurate, incomplete, abusive, obscene, objectionable,
defamatory, libelous, fraudulent or deceptive, indecent, pornographic, profane, threatening,
advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for
minors, racially or ethnically offensive, advocating racism, bigotry, hatred or physical
harm of any kind against any group or individual, or disparaging the religious, political,
or legal agenda of any person or entity, or is otherwise inconsistent with our policies.
All User Content will be public and viewable by any other person through the Site. The User
Content may be indexed by third party search engines, such as Google, and therefore may be
available through such search engines or appear as a search result on such search engines.
The Group is not obligated to backup any User Content and User Content may be deleted at any
time. You are solely responsible for creating backup copies of Your User Content.
By posting or uploading User Content to the Services, you hereby grant, to the Group an
irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce,
distribute, publicly display and perform, prepare derivative works of, incorporate into
other works, and otherwise use Your User Content, and to grant sublicenses of the foregoing.
You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral
rights or attribution with respect to User Content. You hereby represent and warrant that
you have the right to grant to the Group the aforementioned license.
If you provide the Group any feedback or suggestions regarding the Services, including in
connection with any Testimonial (as defined below) provided by you (“Feedback”), you
hereby
irrevocably assign to the Group all rights in the Feedback and agree that the Group
(directly or through any other party) shall have the unlimited right to use such Feedback
and related information in any manner it deems appropriate and that you will not be entitled
to any consideration or compensation with respect to such use. We will treat any Feedback
you provide to Group as non-confidential and non-proprietary. You agree that you will not
submit to the Group any information or ideas that you consider to be confidential or
proprietary, or that are the confidential or proprietary information of any third party.
The Group does not, and is not required to, review or screen any User Content uploaded,
except as and to the extent required by applicable law. Notwithstanding the above, the Group
reserves the right, at its sole discretion to review any User Content, investigate, and/or
take appropriate action against you, in its sole discretion. Such action may include
removing or modifying Your User Content, terminating your account, and/or reporting you to
law enforcement authorities.
The Group does not control User Content provided by other users which you may encounter
throughout the Site, nor shall Group be responsible for any User Content. The Group makes no
guarantees and no warranties regarding the accuracy, currency, suitability, non-infringement
or quality of any User Content. Your interactions with other users of the Services are
solely between you and such users. You agree that we will not be responsible for any loss or
damage incurred as the result of or in connection with any such interactions. If there is a
dispute between you and any user, The Group is under no obligation to become involved in its
resolution or in any other manner whatsoever.
Testimonial Program: The Group may, from time to time, invite you to participate in a
product testimonial program. Participation in such program shall be your choice, at your
sole discretion. If you choose to participate in such program, you will be asked to provide
a testimonial in connection with your experience using any specific Subscription Product, as
designated by the Group (the “Testimonial”). The Group may determine specific
guidelines and
criteria for such Testimonial program. For example, such guidelines can include the: 1) the
specific Subscription Product regarding which the Testimonial shall be provided; 2) the
media through which your Testimonial will be provided, e.g., in writing, video, live
interview with a Group representative, etc.; 3) the minimum/maximum length of the
Testimonial; 4) additional instructions for the content of the Testimonial; 5) such other
criteria determined by the Group. The Group may decide to grant participants of the
testimonial program a gift card or other reward, to thank you for your participation in the
program. If the Group decides to grant such reward, you will only be entitled to it if your
Testimonial meets the Group’s criteria.
Prior to the obtaining the Testimonial from you, the Group may review your usage of the Site
in order to tailor the interview discussion and Testimonial to your specific experience. The
Testimonial may be published on the Site and its affiliated platforms or on the Group’s
marketing materials, alongside a photograph of Yourself, as provided by you. Notwithstanding
the above, the Group will not be required to publish your Testimonial, and will have full
discretion to decide whether to publish your Testimonial or not. Furthermore, the Group will
be entitled to remove your Testimonial at any time, without providing you any prior notice
(written or otherwise). You hereby understand that your Testimonial may be minorly edited by
the Group, for length, grammar and clarity.
12. Legal Restrictions
Without limiting the foregoing, you understand that laws and regulations regarding financial
contracts and services may vary throughout the world, and it is your sole obligation to
ensure that you fully comply with any law, regulation or directive, applicable to your
country of residence with regards to the use of the Services. The ability to access our
Services does not necessarily mean that our Services or your activities via the Services,
are legal under the laws, regulations or directives applicable to your country of residence.
The Services do not constitute, and may not be used for the purposes of, an offer or
solicitation to anyone in any jurisdiction in which such an offer or solicitation is not
authorized, or to any person to whom it is unlawful to make such an offer or solicitation.
Access to the Services, and the offering of financial contracts via our Services, may be
restricted in certain jurisdictions, and, accordingly, users accessing our Services are
required to inform themselves of, and to observe, such restrictions.
13. Links to Third Party Sites and Use of Third Party Software
The Services contain advertisements to third party websites and services operated by third
parties other than the Group (the “Third Party Advertisers”). Such advertisements may
include, without limitation, ad banners, webinars, offers to register to third party
services, “trade now” buttons, directories, sponsored articles, press releases, or such
other hyperlinks throughout the Site, and may also include email communications including
third party offers (the “Ads”). You acknowledge that the Group may be compensated by
the
Third Party Advertisers for such advertisements, including compensation which is based on
your interaction or engagements with the advertisements or services.
Such hyperlinks are provided for your reference and convenience. you agree not to hold the
Group responsible for the content or operation of such websites. An advertisement on the
Site for another website or third-party service provider does not imply that the Group
endorses such third party or any content on that website or the operator or operations of
that website. The Group is in no way involved in operating the third party websites and
services offered therein, and they are subject to separate terms and conditions, privacy
policy, copyright notices and license provisions. You are solely responsible for determining
the extent to which you may use any content or such website. The Group does warrant that
Third Party Advertisers are licensed or regulated in you jurisdiction, and it is your
obligation to ensure that any Third Party Advertiser you engage with is properly licensed.
Furthermore, certain parts of the Services contain third-party software, including but not
limited to “open source” software. Use of third-party software or third party site may be
governed by separate terms and conditions, privacy policy, copyright notices and license
provisions, which shall be made available to you, as applicable, either by Group or by such
third-party software provider. You shall not use, and shall indemnify and hold Group
harmless for any such use by or on behalf of you, in a manner which infringes the rights of
any third-party or which is in contravention to these Terms and Conditions and/or any
specific license terms
You agree not to hold the Group, its officers, directors or employees and their affiliates,
liable for any loss or damage of any sort incurred as a result of any such use of third
party software or services by you or any of your affiliates.
The Group, ITS OFFICERS, DIRECTORS OR EMPLOYEES AND THEIR AFFILIATES, SHALL HAVE NO
LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE WITH RESPECT TO ANY ENGAGEMENT OR
TRANSACTION BETWEEN YU AND ANY THIRD PARTY ADVERTISER.
14. Market Information
The Group may make available to you through one or more of its Services a broad range of
financial information data and services that is generated internally, or obtained from
agents, vendors, stock exchange or partners, or using certain AI services (“Third Party
Providers”) such as MSCI LIMITED, LSEG, Bloomberg. This includes, but is not limited to,
financial market data, quotes, news, analyst opinions, research reports, graphs and data
(“Market Information”).
Market Information provided on the Services is not intended as investment advice or a
recommendation to make (or refrain from making) any kind of investment decision and may not
be relied on as such. Analysts valuations are statements of opinions and are not statements
of fact. A reference to a particular investment or security, a rating or any observation
concerning an investment that is part of the Market Information is not a recommendation to
buy, sell or hold such investment or security, does not address the suitability of an
investment or security and should not be relied on as investment advice. Group does not
endorse or approve the Market Information, and we make it available to you only on an “AS
IS” basis, only for your internal use and not for any commercial purpose. Neither we nor any
of our Third Party Providers, any affiliates involved in or related to compiling, computing
or creating the Market Information (i) make any express or implied warranties or
representations with respect to the Market Information or the results to be obtained by the
use thereof, (ii) guarantee the accuracy, adequacy, timeliness, completeness, timeliness,
availability, non-infringement, merchantability and fitness for a particular purpose, or
correct sequencing of the Market Information, or warrant any results from your use or
reliance on the Market Information, and (iii) is responsible for any errors or omissions
(negligent or otherwise), regardless of the cause, or for the results obtained from the use
of such Market Information.
Historical data and analysis should not be taken as an indication or guarantee of any future
performance, analysis, forecast or prediction. You assume the entire risk of any use it may
make or permit to be made of the Market Information. Without limiting any of the foregoing,
in no event shall we or any other Third Party Provider or any of its affiliates or any other
person involved in or related to compiling, computing or creating the Market Information (i)
have any liability for any direct, indirect, special, incidental, punitive, consequential or
any other damages, costs, expenses or losses (including, without limitation, lost profits
and opportunity costs or lost income) in connection with any use of the Content, even if
notified of, or if it might otherwise have anticipated, the possibility of such damages.
Market Information may quickly become unreliable for various reasons including, for example,
changes in market conditions or economic circumstances. Neither the Group nor the Third
Party Providers are obligated to update any information or opinions contained in any Market
Information, and we may discontinue offering Market Information at any time without notice.
You agree that neither we nor the Third Party Providers will be liable in any way for the
termination, interruption, delay or inaccuracy of any Market Information. You will not
“deep-link”, redistribute or facilitate the redistribution of Market Information, nor will
you provide access to Market Information to anyone who is not authorized by Fusion Media to
receive Market Information.
With regard to any Market Information displayed on the Services, you are prohibited from,
and hereby represent and warrant that you shall not: (i) copy, store, sell, license,
distribute, reproduce, transmit or duplicate to any third party or to any person any Market
Information or any part thereof in any form or by any means, without obtaining prior written
consent, on a case by case basis, from the Group and/or any of the applicable Third Party
Provider; (ii) make the Market Information available on any website or in an application, or
available to the public via the internet or otherwise; (iii) use the Market Information for
the purpose of creating and/or operating (directly or by any third party) any financial
product, index or service, or in any other manner without the Group or its applicable Third
Party Providers' permission; (iv) use or remove any of the Marks and you hereby acknowledge
that the Group or its applicable Third Party Providers are the owners of the intellectual
property rights in, and relating to, the Market Information any Marks; (v) use the Market
Information in any way or for any purpose that would require a separate license from the
Group or its applicable Third Party Providers or any other person; and (vi) permit, or
purport to permit, any third party to do any of the foregoing.
15. Artificial Intelligence (AI) Content and Tools
The Group may provide you with services and content and any other Market Information generated by or with the assistance of using certain artificial intelligence tools ("AI Services"). While we strive to ensure that AI generated content is accurate and relevant, we make no representations or warranties of any kind concerning its completeness, accuracy, reliability, or suitability for any specific purpose. All AI Services are provided on an "as-is" basis for informational and educational purposes. You acknowledge that AI-generated content may not reflect current information or developments and should not be relied upon as the sole basis for making decisions. By using this platform, you agree that we shall not be held responsible or liable for any actions taken based on AI-generated content. We encourage users to verify any information independently and consider seeking professional advice where appropriate. Please note that any and all disclaimers regarding the Services, the Content and any Market Information will also apply to any Content created by using any AI Services.
16. Subscription Services
While some of the Services provided by us are provided free of charge, we offer you paid
subscription services which include certain advanced features and tools (the “Subscription
Services”). Such Subscription Services may include products that the Group offer from
time
to time. Any Subscription Services will be governed by these Terms.
If you register for Subscription Services, you must designate a payment method and provide
accurate billing and payment information (which you must keep up to date as long as you use
the Subscription Services) and you agree to pay the applicable subscription fees set forth
on the Site and/or App (the “Subscription Fee”).
If the Subscription Services includes a third-party product or service, you understand and
agree that your purchase and use of such services is also subject to the policies and
guidelines of such third party, including their terms of service and privacy policy, which
you should read thoroughly before agreeing to them. The Group assumes no liability or
responsibility on such products or services that are provided by a third party.
-
Individual User.
By purchasing any of the Subscription Services you hereby acknowledge that you are an individual, and not a business or corporation. The Subscription Services are available only for individuals, and the Group does not allow the purchase of any subscriptions by any businesses or corporations. Furthermore, as stated above, all use of Subscription Services is solely for personal use, and use of the Subscription Services for any commercial or business use shall be strictly prohibited. -
Auto-Renewal.
When you subscribe to a Subscription Service, you acknowledge and agree that your subscription will automatically renew at the end of each billing cycle, unless you cancel your subscription prior to the renewal date. The renewal will be for the same duration as the original subscription term, and your chosen payment method will be automatically charged the subscription fee at the beginning of the billing cycle, unless otherwise specified at the time of purchase. You may cancel your auto-renewal at any time through your account settings or by contacting our customer support team. However, no refunds will be provided for partial billing periods, unused services. You will be charged so long as your subscription remains active, even if you have not downloaded or used such Subscription Service or accessed your Account.
Please ensure your account information is up to date to receive important updates and avoid disruptions to your service.
Unless otherwise stated herein or with respect to any specific terms that may apply to any specific Subscription Service, your subscription will be automatically renewed at the then-current price, excluding promotional and discount pricing, unless we notify you (including via email or through the Services) of a rate change prior to your auto-renewal, in which case you will have the right to cancel the renewal of your subscription.
We may, in our sole discretion, post charges to your payment method individually or aggregate charges for some or all of your Subscription Services with us. Every subscription period to which you have subscribed and the charges for any renewed period are made automatically through the payment service provider you have initially used to purchase Subscription Service, or through another payment service provider used by us at such time, as shall be elected by us in our sole discretion. -
Payment.
In order to purchase any Subscription Service, you will be required to make the payments specified in the dedicated offering page. Certain additional charges may also apply to you, for example, payment processing fees or other related charges. The subscription fee may include VAT, sales tax or other taxes and fees, if applicable. You are required to pay any applicable taxes relating to any purchases you make.
Payments will be processed through the payment method chosen by you from the options available to you at checkout. Such payment methods may include credit card, PayPal wallet and such other other methods we make available, such as Google Pay, Apple Pay, and if you purchase your subscription through the mobile application, payment will be processed by the relevant mobile app marketplace (e.g. Google Play, Apple App Store). You must provide accurate billing information, and promptly update any changes to it (such as card numbers and expiry dates). You undertake that you are the owner of the payment method used by you. We reserve the right to use other third-party payment processing services for such purposes in the future, and/or to migrate any required data to other providers as necessary in order to maintain the continuity of the Subscription Services and related payments.
In order to process your payment, we my transfer your personal information with certain third parties, including without limitation, payment processors. This may include your contact information, (e.g., your name, email, billing address, and identity number), your financial information (e.g., credit card number, bank account and payment amount) and any other information necessary in order to complete the purchase of any Subscription Service.
Furthermore, you acknowledge and agree that you are responsible for all charges incurred under your Account, including purchases made through your Account or any sub-or linked accounts (including, without limitation, any person with implied, actual, or apparent authority or anyone who gains access to your Account for any reason, including your failure to safeguard your authentication credentials(. You authorize and direct us to charge your designated payment method for these charges or, if it fails, to charge any other payment method you have on file with us, even if we received it in association with other services you are responsible for all charges even if your payment method fails or is denied.
Without derogating from the generality of the foregoing, we may: (i) import payment information you entered during a prior purchase and provide you the option to use that payment information during purchase of a new product. You permit us to obtain and use updated information from the issuer of your payment method in accordance with the policies and procedures of any applicable card brands; and/or (ii) continue charging a payment method past its expiration date at our discretion and subject to the approval of payment processors or issuing bank. Surcharges may apply if you use certain payment methods, such as payment from your checking or savings account. -
No Refunds.
Notwithstanding anything to the contrary (but subject to any applicable law), all charges for the Subscription Services are non-refundable. You may cancel your auto-renewal at any time through your account settings or by contacting our customer support team. -
Free Trials.
We may offer you, from time to time, free trials for certain Services, so that you may try one or more of our Subscription Services without charge or obligation (“Free Trial”). Upon the completion of the Free Trial, your subscription will be automatically renewed, and the periodic subscription fees will be charged at the then-applicable rate upon expiration of the Free Trial period, unless you cancel your subscription prior to the expiration of the Free Trial (or unless otherwise stated). Once the Free Trial expires, and the subscription is renewed, it will be considered a Subscription Service for all intents and purposes, and all sections pertaining to such Subscription Services will apply. If you are not satisfied with a particular Subscription Service, you must cancel the subscription before the Free Trial ends to avoid charges. We reserve the right to limit you to a maximum number of Free Trials or promotion of a Subscription Service and to prohibit the combining of Free Trials and other promotional offers. -
Termination.
We, in our sole discretion, may change, discontinue or terminate any or all aspects of a Subscription Service without notice, including access to support services, content and/or other products or services ancillary to the Subscription Services, subject to providing an appropriate refund for any portions of a paid but no longer available term. -
Change in Fees and Billing Method.
We may change our fees and billing methods at any time. We will provide you with notice via email of any price increase at least thirty (30) days in advance. Subject to applicable law: (i) if you disagree with any proposed change, your sole remedy is to cancel your Subscription Service(s) before the price change takes effect; and (ii) your continued use of or subscription to the Subscription Service after the price change takes effect constitutes your agreement to pay the new price for the Subscription Services. -
Delinquency.
After 30 days from the date of any unpaid charges, your Subscription Services will be deemed delinquent and we may terminate or suspend your Account and Subscription Service for nonpayment, without derogating from any other remedy that we may have. In such case, you will also be liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you. -
Notice Period.
You must notify us in writing about any billing problems or discrepancies within 30 days after they first appear on your billing method statement. If you do not bring them to our attention in writing within 30 days and specifying the reason for such discrepancy or problem, you waive your right to dispute such problems or discrepancies. -
Fraud Protection.
We may take steps to verify the validity of the credit card or other payment method information you provide to us, including debiting amounts of $1.00 or less from your credit card and then immediately crediting it back. You authorize us to do so for verification and anti-fraud purposes.
17. Special Force Majeure
The Group will not be liable in any way for any failure or delay in Services or fulfillment of obligations under these Terms and Conditions due to causes beyond the Group reasonable control ("Force Majure Event”), including, without limitation, any damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software. Force Majure Events include, but are not limited to, acts of God, labor disturbances, sabotage, supplier failures, acts of the public enemy, war, invasion, insurrection, riot, fire, storm, flood, ice, earthquake, explosion, epidemic, machinery or equipment breakage, accidents, orders, regulations, restrictions imposed by authorities, or emergency repairs on the Group property or equipment.
18. Technical Problems
You understand that while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent you from accessing any of the Services or may prevent us from providing any of the Services. Without derogating from anything else herein, neither the Group nor any their shareholders, officers, agents, employees and service providers will be responsible for an impossibility to access any of the Services, execute orders and requirements due to failures in the operation of informational systems caused by technical faults, which are beyond its control.
19. Notice to Users of the Mobile Application through an iOS Device
If you are using the Services through our mobile application on an iOS device, you
acknowledge that this agreement is between you and the Group, not Apple Inc. (“Apple”).
Apple is not responsible for the app, its content, or the services provided. Apple has no
obligation to provide maintenance or support for the app. In the event of any failure of the
app to conform to applicable warranties, you may notify Apple, and Apple may refund any
applicable purchase price. To the maximum extent permitted by law, Apple has no further
warranty obligations with respect to the app, and any other claims, losses, liabilities,
damages, costs, or expenses attributable to any failure to conform to any warranty is the
responsibility the Group.
Apple is not responsible for addressing any claims from you or any third party relating to
the app or your possession and/or use of the app, including but not limited to (a) product
liability claims, (b) any claim that the app fails to conform to any applicable legal or
regulatory requirement, or (c) claims arising under consumer protection, privacy, or similar
legislation. Apple shall not be responsible for the investigation, defense, settlement, or
discharge of any third-party claim that the app infringes on a third party's intellectual
property right.
By using the app, you agree to comply with any applicable third-party terms when using the
app. Apple and its subsidiaries are third-party beneficiaries of this agreement, and upon
your acceptance of the terms of this agreement, Apple will have the right to enforce this
agreement against you as a third-party beneficiary.
You represent and warrant that (i) you are not located in a country subject to a U.S.
Government embargo or designated as a "terrorist supporting" country and (ii) you are not
listed on any U.S. Government list of prohibited or restricted parties.
In-App Purchases on iOS:
- Payments for in-app purchases will be charged to your Apple account at the time of purchase.
- Subscriptions and auto-renewable in-app purchases will renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged within 24 hours prior to the end of the current subscription period.
- You may manage or cancel subscriptions by adjusting your Apple account settings after purchase.
20. Breach
You agree to fully indemnify, defend and hold harmless the Group, its affiliates and their
respective officers, directors, shareholders and employees immediately upon demand from and
against all claims, demands, liabilities, damages, losses, costs and expenses, including
legal fees and other charges whatsoever, howsoever caused, that may arise as a result of or
in connection with: (i) any breach or suspected breach of these Terms and Conditions by you
or (ii) violation by you of any law or the rights of any third party, or (iii) any action or
omission taken by you in connection with the use of any of the Services.
Without prejudice to any other rights in these Terms and Conditions, if you breach in whole
or in part any provision contained herein, the Group or any of its affiliates which provide
the Services to you reserve the right to take such action as they see fit, including (but
not limited to) terminating any agreement in place with you, terminating or blocking all or
any portion of the Services made available to you and/or taking legal action against you.
21. Governing Law and Court Jurisdiction
These Terms and Conditions shall be governed by the laws of England and Wales without regard
to conflicts of law principles thereof. This is the case regardless of whether you reside or
transact business with the Group anywhere else in the world. In no event will you bring
claims against us under the laws of another jurisdiction.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE GROUP ONLY IN YOUR INDIVIDUAL CAPACITY,
AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING
AS TO
ALL DISPUTES.
If any part of these Terms and Conditions are held unlawful, void or unenforceable, that
part will be deemed severable and will not affect the validity and enforceability of any
remaining provisions.
Exclusive Court Jurisdiction: You agree to submit to the personal and exclusive
jurisdiction
of the courts located in London, England to settle any dispute, which may arise in relation
thereto.
22. Miscellaneous
The Group may assign its rights in the Services to any third party at its sole discretion.
You may not assign or delegate your rights according to this Agreement, without the Group's
prior written consent.
Failure to assert, at any time, any right, or require performance with regard to these Terms
and Conditions by or on behalf of Fusion Media or any Third Party Provider shall not
constitute concession, yield, waiver or relinquishment of any sort, and shall not limit any
of their rights with respect to such breach or any subsequent or other breaches.
The Group reserves the right, at its sole discretion, to periodically amend or revise these
Terms and Conditions. Your continued use of the Services, following such amendment,
constitutes your acknowledgement and consent of such amendments. The last revision will be
reflected in the “Last revised” heading below.
Last Modified: December 14th 2024