Dear Customer,

Before you (hereinafter: “Customer”) start to use a software (hereinafter: “Product”), which has been distributed by market-fx (hereinafter: “Team”), it is necessary to read, understand, accept and completely agree with all provisions of the following Agreement (hereinafter: Agreement), because with the purchase of the Product the Customer accepts all the terms and conditions below.

I. Purchase Process, Technical Support, Updates & Newsletter

1. Purchase & Delivery & Installation Process

After the Customer has purchased the Product via www.market-fx.pro (hereinafter: the “Website”) or any other third party’s website, the Customer will receive an e-mail containing a download link to the Product or as an attachment.

Products are sent electronically, especially via e-mail. Download link to the Product’s installation package is provided within two business day of the purchase. The time of the purchase is the moment, when the Team gets a confirmation from the relevant payment system, after the Customer has paid the purchase price through the Website or any other third party’s website. 

The Customer is permitted to use the Product on only one account. This account can function as a real account or a demo account. The type of the account can be changed anytime on the MT4/5. The Customer’s usage of the Product shall be licensed to one account. The license cannot be assigned.

ATTENTION!

Only the Customer is liable for the accuracy, operation and maintenance of the specified email address specified and given by the Customer. 

The assignment of the license carries out a serious breach of a contract with all consequences, which have been specified in the IV.3. paragraph.

2. Technical support

The Team provides for the Customer technical support services related to the operation and installation of the Product. E-mail support is available during working hours, and the Team makes serious efforts to respond to all inquiries in one business day. For more information contact us.

ATTENTION!

The Team provides technical support related to the operation of the Product only. The Team does not give any financial advice as technical support or in any other way.

3. Updates

If an updated version of the Product has been developed by the Developer(s), the Customer will get the new version via e-mail. The Customer can easily download and install the updated version of the Product from the link, with the help of the received e-mail. Updates are free of charge.

ATTENTION!

Updates only contribute the smooth operation and uninterrupted usage of the Product. The Team does not guarantee that updates contributes the possibility of getting more profit. The Team does not warrant the development of any updates. The information on each EA page is provided by EA developers and does only provide general information and prognoses.

4. Newsletter

The Team sends the Customers newsletter via e-mail from time to time. In these letters the Customer can easily find the newest and/or special offers of the Team and occasionally some other relevant and useful information in connection with the Product and/or the Team.

II. Liability & Limitation of Liability

1. Performance

After the purchase of the Product, the Team delivers operable download links via e-mail within one business days of the purchase. From this functioning links, what the Customer has received via e-mail, the Customer can download the Product and the User’s Guide. With the description, which can be found in the User’s Guide, the Customer can install the Product.

After the installation the Product is immediately operational.

ATTENTION!

The Team only assumes obligations, which have been specified in the Agreement.

The Team cannot be held liable, if the Customer cannot install or use the Product because of his/her own fault or incomplete knowledge. The Team warrants only that the Product meets the requirements specified in the User’s Guide.

The Product is not operable without any additional technical/system requirements (including, but not limited to Metatrader 4 trading platform, broker account, special system’s requirements). For more information read carefully the User’s Guide.

2. Default of the performance

If a default occurs during the performance detailed above (as an example: the Team does not deliver the e-mail, the download link is not operable, User’s Guide is not attached, functionality of the Product’s technical features is limited, any other technical breakdowns) the Customer should contact the Team via e-mail about the problem as soon as it is possible.

If a default occurs in the interest of the Customer, or because of reason for which the Customer is liable, the Team shall send a respond to the Customer, which contains a rejection of the notification within three business days of the delivery of the notification.

If the Team approves the notification, the Team shall solve the problem within a reasonable period, which is orientated to the size and the nature of the default.

In most of the cases, the Team resends the e-mail with an operable link and User’s Guide. From the resent operable link, the Customer can download and install an operable Product. 

If the delivery via e-mail does not work again, the Team tries to deliver the necessary data on another way. To solve the problem, the Team can ask for further information from the Customer. 

If the default, which is occurred in the interest of the Team, cannot be corrected within twenty business days of the approval of the notification, the Customer has the right to terminate the Agreement with a written notification within three business days of the deadline. 

In this case of the termination the Agreement is terminated, when the Team received the notification mentioned above. Furthermore, only in this case of the termination, the Customer can request the Team via e-mail to refund the price of the Product.

ATTENTION!

The Customer shall not receive a refund as his/her actions will be in direct violation of the Contract. Under no circumstances does the company refund more than the price of the Product.

3. Limitation of liability

1. Third parties’ activity

The Team shall not be liable to the Customer or to third parties for losses incurred directly or indirectly by causes reasonably beyond its control, including but not limited to, government restrictions or actions, natural disasters, several weather conditions, wars, strikes, terrorist attacks, exchange or market rulings, interruptions of data processing services or communications, disruptions in orderly trading on any market or exchange, unauthorised access or operator errors, broker restrictions, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, or shortages of labor or materials, fires, floods, storms, explosions, acts of God, orders of domestic or foreign courts or tribunals, non-performance of third parties. 

The Team shall have no liability for and the Customer agrees to reimburse, indemnify and hold the Team, its affiliates and their partners, members, managing directors, officers and employees and any person controlled by or controlling the Team harmless from all losses, damages, expenses that result from: the Customer or the Customer ’s agents’ misrepresentation, act or omission or alleged misrepresentation; any of the Customer’s actions or the actions of the Customer’s previous advisers; the failure by any person not controlled by the Team to perform any obligations to the Customer, and the Customer’s failure to provide accurate information to the Team. The

Team does not investigate or substantiate any of the Website’s visitor comments or claims. The Team does not take responsibility for the concreteness and/or accuracy of the contents, facts, which have been included in these comments or claims. Furthermore, the Team is not liable for any losses, damages, expenses, which have been arised directly or indirectly from these comments or claims. 

The visitors of the Website may be transferred to online merchants or other third party or affiliate’s sites through links, products or frames from the Website. The Team warns the Customer to read such sites’ Terms and Conditions and/or Privacy Policies and/or Risk.

Disclaimers before using such sites to be aware of the terms and conditions of the Customer’s use of such sites. These other sites are not under the control of the Team, are not monitored or reviewed by the Team, and the Team is not aware of the contents of such sites.

The Team may not be held liable for the contents of external links. The Team is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The Team has no liability for such third-party sites and the Customer’s usage of them. 

The Team under no circumstances takes responsibility for any damages, losses, expenses, which have been caused directly or indirectly by individuals or legal entities act or omissions, who somehow are in contractual relationship with the Team (as an example brokers, introducing brokers, any other partners). Especially if there is any technical breakdown during the operation of the Website or the web-hosting service used by the Team, the Team shall not be liable for any damages, losses, expenses, which have been arised indirectly or directly from these disfunctionalities.

2. Technical & System Requirements

The Team shall not be liable for any damages, losses, expenses, which have been arised directly or indirectly from any technical disfunctionality of the Product.

These kinds of limitation of functionality can have several reason, including, but not limited to:

• the Customer’s computer that does not meet the minimum technical requirements specified in User’s Guide;
• incorrect download and/or install process;
• broker restrictions;
• trade execution time and quality;
• missing historical data;
• loss of or fluctuations in heat, light, or air conditioning;
• unstable or no internet connection, internet or network restrictions;
• an interruption of communications systems or other hardware or software

The Team under no circumstances express or imply any warranty, that the operation of the Product will be uninterrupted, timely, or error free.

3. Risk Disclaimer

Any live trading the Customer does, does it for his/her own responsibility.

Market FX has profit potential, but it has also huge risk potential. Therefore this kind of trading is not recommended for everyone. Before the Customer invests any amount of money, it is practical that the Customer informs himself/herself carefully about the opportunities and risk from a lot of various aspects (financial, legal, fiscal etc.) Before the Customer starts trading in the foreign exchange market, the Customer should assess the his/her trading and investment goals, knowledge, trading experience and his/her personal risk tolerance. Any transaction involves risks including, but not limited to, the potential for changing political and/or economic conditions, that may substantially affect the price or liquidity of a currency. Because of the facts mentioned above the Team’s advice is: the Customer should risk only that amount of money that the he/she can afford to lose. The Customer should aware of all possible risks related to trading currencies on margin online.

The Product is only a trading software, which has been developed by the Team. All information, which has been given by the Team on the Website or via the Product is for educational purposes only and it is not intended to provide financial advice. The Team can not advise the Customer or makes any comment concerning the nature, risk or suitability of any trade, transaction or investment strategy. Any statements, descriptions which can be found in the User’s Guide shall not be deemed as financial advice. The Team does not guarantee the accuracy and verity of these descriptions. 

Furthermore, the Customer agrees with the following:

HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING.

ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES LIKE THOSE SHOWN. THE RISK OF LOSS IN TRADING FOREIGN EXCHANGE (FOREX) CAN BE SUBSTANTIAL. THE CUSTOMER SHOULD THEREFORE CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR HIM/HER CONSIDERING YOUR FINANCIAL CONDITION. THE HIGH DEGREE OF LEVERAGE THAT IS OFTEN OBTAINABLE IN FOREX TRADING CAN WORK AGAINST THE CUSTOMER AS WELL AS FOR THE CUSTOMER. THE USE OF LEVERAGE CAN LEAD TO LARGE LOSSES AS WELL AS GAINS.

Bear in mind, the past performance of any trading system or methodology is not necessarily similar or indicative of future results. The hypothetical performance results have certain limitations. The simulated results do not represent actual trading. No representation is being made that any account will or is likely to achieve profits or losses like those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any trading program. Hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. The Team does not warrant that any account will achieve profit or losses similar to those shown. 

All information on the Website falls, including, but not limited to attributes and descriptions related to the Product and/or the Team and/or any other third parties, under subjective judgement. The Team does not warrant this information’s accuracy and verity. These attributes and descriptions shall not to be considered as advertisements. Only the Customer is liable for the understanding and interpretation of all information. 

Any statements, statistics and representations about profits or income, expressed or implied on the Website do not represent a guarantee. The Team does not warrant that any account will achieve profits or losses like those showed on the Website. The Team does not give any kind of income/profit guarantee to the Customer about using the Product. 

The Customer is an independent and self-directed investor. The Customer acknowledges that he/she, alone, shall be responsible for determining the suitability of his/her investment choices and strategies, and the Customer clearly understands that the Product is an automated trading system. Trades are executed automatically, so trades do not require human intervention, but the Customer can change some of the Product’s settings according to the Customer’s preferences. The Team does not take any responsibility for the Customer’s personal manual settings or any of its consequences. Therefore, the Customer alone is responsible for his/her trading results.

The Customer acknowledges that the Team shall assume no responsibility for his/her investment decisions. The Customer shall not hold the Team or any of its employees, affiliates, partners, staff liable for investment decisions.

The Customer agrees that the Team is not liable for any damage, loss, expense, including but not limited to any trading losses on the Customer’s account, which may arise indirectly or directly from the usage of the Product. 

The Team shall not be liable to the Customer for any losses, damages, expenses incurred by the Customer for any reason, including but not limited to lost  profits, trading losses and similar damages. 

Under no circumstances shall the Team be liable to the Customer for direct, indirect, incidental, consequential, special or exemplary losses, damages, expenses, liabilities, demands, charges and claims of any kind or nature whatsoever, arising from or relating to the Agreement, the Website, the Product or your use or misuse of the Product or any other services provided by the Team (exceptions are represented in this Agreement I. and II.1. and II.2.). 

The Customer acknowledges that the Team warrants only the delivery of the Product. The Team under no circumstances warrants any profit on the Customer’s trading accounts.

The Customer agrees that he/she is responsible for any kind of damages, loss, expense arising indirectly or directly from using the Product or related anyhow the working of the Product. 

The Customer understands and accepts the Team will not be held responsible for the completeness, reliability or accuracy of the information (including, but not limited to texts, graphics,  tatistics, links) available on the Website. The Team may not be held liable for any damage or loss that arises directly or indirectly from any use of this kind of information. 

By purchasing the Product, the Customer agrees to hold the Team and everybody who is involved in developing, production and distribution of the Product free from any responsibility (except to the obligations, which have been represented in this Agreement I. and II.1. and II.2.). The Team excludes all liability for causing damage except liability for intentional tort and for tort resulting in loss of life, or  arm to physical integrity or health.

BEAR IN MIND!

The provisions of the Agreement (including but not limited to provisions about liability) are also applicable for the members, managing directors of the, especially if they are software dealers or vendors of the Product too.

If someone initiate a lawsuit against a Team or member of a Team in connection with the Product, or in case of any action of damages or any other claim against the Team or against a member of the Team in connection with the Product, the Team as a company, as a legal entity is liable. The Team as a company, a legal entity takes over the  responsibility for these claims mentioned above.

III. Usage of the Product

1. The Product is for the Customer’s personal use only. The Product is available for individuals only. The Customer may only use the Product on his/her own personal account. The Customer shall not use the Product on third party accounts, or on Money Manager Accounts and PAMM accounts. If the Customer would like to use the Product on a Money Manager Account, the Customer will need to purchase separate licenses for each individual trader. The Customer will also have to pay the vendor royalties for any income generated from Money Manager Accounts with the Product.
2. The Customer shall not permit others to use his/her license to operate the Product in any manner. If the Customer attempts to share his/her license (or login ability to the server) with any others, the Team shall irrevocably terminate the Customer’s license to operate the Product without any refund. One of the files needed to login to the Team’s server contains an unique license number and the Team can easily detect, whether this license has been shared and whether unauthorized parties are trying to access the Team’s server.
3. The Customer shall not distribute, copy, reproduce, exchange, modify, sell, or transmit anything from theWebsite.
4. The Customer shall not and shall not permit others to reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from the Product, or copy, distribute, publicly display or publicly perform the Product anyone who not authorized.
5. The Customer shall not use the Product to engage in or allow others to engage in any illegal activity.
6. The Customer shall not sell the Product or charge others for the use of the Product. The Customer shall not sell signals from this Product or broadcast its signals in any way whatsoever.
7. The Customer shall not use the Product to engage in any activity that will violate the rights of third parties, including without limitation through the use, public display, public performance, reproduction, distribution or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, of rights against defamation of third parties.
8. The Customer shall not share the Product on any forum or online community.

IV. Breach of Agreement& Termination of Agreement

1. The Customer hereby represents and warrants that the Customer will not violate any of the requirements of the Agreement. The Team hereby represents and warrants that the Team will not violate any of the requirements of the Agreement.
2. Upon any breach by the Customer or by the Team legal consequences of breach of Agreement are applicable according to law. If the Customer breaches any provision of the Agreement, the Team reserves the right to assert a claim and/or initiate a lawsuit against the Customer and terminate the Agreement.
3. This Agreement is terminable at will by the Team with a written notice via e-mail with immediate effect in case of serious breach of an Agreement (including but not limited to assignment of the license, reproduction of the Product; reproduction of the Product’s trades  or the trading logic; usage of the Product’s trades or trading logic as a basis of another Products; hacking or manipulating the Products or its code, changing the Product’s code etc.). In these cases, the Team terminates the Agreement immediately and the Team cancels the Customer’s membership immediately. The Team is not liable for any losses, damages, expenses, which have been raised directly or indirectly from terminating the Agreement and/or membership.
4. The Team has the right to terminate the Agreement with a three-month notice period without any reason with a notification via e-mail. The consequences are specified in IV.3.
5. All provisions of this Agreement by which their nature extend beyond termination remain in effect until fulfilled and apply to respective successors and assigns (as an example: V., V.III.).

ATTENTION!

The User does not have the right of withdrawal, because the Software, which has been shipped electronically, is a product, which cannot be returned by its nature.

In case of a serious breach of the Agreement, termination of the defaulting act is not a necessary condition. A well-founded suspicion of a defaulting act can also establish a conventional reason for termination of the Agreement with immediate effect.

V. Intellectual property & copyright

1. All materials on the Website, including but not limited to design, images, software, and text are protected by copyright.
2. The Customer shall not use the materials, except as specified herein. The Customer agrees to follow the instructions on the Website, limiting the use of the materials. Any unauthorized use of the materials on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable sources of law.
3. By accepting this Agreement, the Customer acknowledges that, the EA developer is the owner of all intellectual property rights in and to the Product including copyright, trademark, patent, trade secret and all proprietary rights that are existing throughout the world.
4. Reproduction or distribution of any material from the Website is only allowed with prior written extended permission from Team.

VI. Governing law & Jurisdiction

1. This Agreement shall be governed by, and construed in accordance with the laws of Cyprus. Questions not covered in this Agreement shall be governed by the law in Cyprus.
2. The Customer agrees that the courts of the Cyprus have exclusive jurisdiction to determine any proceedings.
3. The Customer submits to the jurisdiction of Cyprus courts. The Customer shall not bring any proceedings in any other court.
4. The Team makes no representation or warranty regarding its compliance with local laws in foreign jurisdictions, or regarding the appropriateness of the Website’s content or its compliance with such local laws.