Membership Terms and Conditions

Dated 15th December 2024 

INTRODUCTION

Please read these Terms and Conditions of MarketQuantic Membership (the “T&Cs”) carefully and make sure you understand eveything. If you have any questions, please contact us by e-mail at [info@marketquantic.com]. All terms used herein but not otherwise defined have the meaning in the Glossary at the end of these T&Cs.

If you do not agree to any of the specific provisions herein you may not access or use any of the Services or the Platform.

Membership is not available to any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of the Platform or the Services is or may be prohibited or restricted.

These T&Cs govern your membership, access and use of, the Platform. By subscribing to any of the Services (each such person being a “Member”) you are (i) agreeing to these T&Cs; and (ii) acknowledging and accepting that they will (subject to Item 15.5) apply from the time you make such an application for Membership until the date you cease to be a Member. 

MarketQuantic, Ltd. and each of its Affiliates (collectively, “MARKETQUANTIC”, “we”, “us” or “our”) are relying on the various representations, warranties, undertakings and other provisions of these T&Cs given by you in determining whether to (i) admit you as a Member; (ii) maintain your Membership; and (iii) provide you with access to the Platform. Any breach by you of these T&Cs is likely to cause us material harm. 

MarketQuantic, Ltd. is a limited liability company incorporated whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM, is not a financial institution, and investment adviser and is not regulated by any supervisory authority in any country, including the United States. In particular, neither MarketQuantic, Inc. nor any of its directors, officers or employees are registered with the Securities Exchange Commission (the “SEC”), the Financial Industry Regulatory Authority ( the “FINRA”). 

If you are not a registered member, but access or use our services, mobile applications, electronic platforms, website located at [website link], or any other associated website or forums hosted by MarketQuantic, Ltd. (collectively the “Platform”), then you indicate that you agree to these Terms and the Privacy Policy to be found at [Link to T&C page]. 

We may amend these T&Cs at any time without notice to you by posting a revised version on our website. The revised version will be effective at the time we post it unless indicated otherwise. However, we will usually provide 5 days prior notice of any material change. If you do not agree to be bound by the amended or modified T&Cs your sole and exclusive remedy is to cease accessing or using the Services. You agree that we shall not be liable to you or any third party for any modification or termination of the Services, or suspension or termination of your access to the Services, except to the extent otherwise expressly set forth herein.

1. DEFINITIONS 

1. Collaborative Content means the content to the extent you choose to post, display or otherwise make it available to any selected Member(s), but do not otherwise make such content available in Community.

2. Common Areas mean all shared content that is published anywhere on the web and uploaded to the Website.

3. Community means areas accessible to all Members of the Website and Services, but do not include areas accessible only to you, or areas where you allow only selected Members to access your Content.

4. Content means trading strategies, text, messages, images, graphics, video files, audio files, ideas and other information and materials.

5. Member (or User) means a person who uses the Platform and/or Services.

6. Shared Content means the Content (other than third party data) that we, you, or other Members have shared with the Community.

7. Third Party Content means a part of the Content contained on our Website or Services that is not in the nature of Shared Content and that may be supplied by third parties, including, without limitation, data providers, advertisers, and Members.

8. Website means the website(s) through which the Platform and/or Services are accessed or displayed.

2. OUR SERVICES

2.1. MARKETQUANTIC is both a web-based platform and a community. As a platform, it provides advanced trading tools and live data visualization services. As a community, it fosters collaborative learning and resource sharing among Members. MARKETQUANTIC enables Members to:

1. Connect to Brokerage Accounts via API: Seamlessly link your brokerage accounts to plan and execute trades efficiently. Define entry and exit points, stop-loss levels, and profit targets based on your strategies.

2. Semi-Automated Trade Execution: Execute trades based on pre-defined entry, exit, stop-loss, and profit targets. The Platform requires user intervention. It is not designed for fully automated trading without user oversight.

3. Trading Plan Builder: Create and manage comprehensive trade plans with customizable rules and triggers.

4. Risk Management Tools: Automate breakeven adjustments, scaling, and stop-loss settings.

5. Real-Time Market Data: Access real-time insights such as spread meters, market depth analysis, and receive actionable alerts.

6. Engage with the Community: Join a community Discord channel for collaborative discussions, sharing of strategies, and access to resources for optimizing trading and platform usage.

7. Educational Resources: Benefit from tutorials, guides, and collaborative learning opportunities to enhance your trading capabilities and understanding of the platform’s features.

8. Occasional Newsletters: Stay updated with platform updates, market trends, and educational content through newsletters.

9. Occasional Webinars: Participate in webinars for in-depth discussions on trading strategies, platform features, and market insights.

Users acknowledge that the features of the Platform may evolve over time as part of MarketQuantic’s efforts to enhance functionality and user experience. MarketQuantic reserves the right to modify, update, or discontinue any features at its sole discretion. Additionally, periodic maintenance may be required to ensure the security and efficiency of the Platform. During maintenance periods, access to the Platform may be temporarily restricted or unavailable. MarketQuantic shall make reasonable efforts to notify users of scheduled maintenance in advance but assumes no liability for any inconvenience or loss caused by such downtime.

(all of the above functionalities and services of the platform hereinafter referred to as the “Services“).

2.2 MarketQuantic shall offer technical and customer support to users in relation to the functionality of the Platform. Such support services shall be limited to addressing technical issues directly associated with the Platform and shall not extend to resolving problems caused by third-party tools, brokers, or the user’s own systems. Support shall be available during MarketQuantic’s designated business hours, and MarketQuantic reserves the right to modify these hours at its discretion.

2.3 Your access and use of our Services, including your use and adaptation of our content and other content shared by other Members of the MarketQuantic Community are subject to the Terms of Use set forth herein. We grant you access to the Platform as it may exist and be available on any given day and we have no other obligations, except as expressly stated in these Terms.

 2.4 We operate in a highly regulated sector. The regulations may change, and we may have to change our operations or the Terms. 

2.5 We have the right to modify, replace, refuse access to, suspend, or discontinue our Services or Website, partially or entirely, in our sole discretion.

 2.6 We reserve the right to withhold, remove or discard any content available as part of your account, website, means of information, or services provided, with or without notice.

2.7 In addition to the services described above, we may also provide services using other technological, commercial and legal solutions. Such services are provided pursuant to these Terms and special terms of the respective service, which may be set out in the Annexes of these Terms. In the event of any inconsistencies between the clauses of an Annex setting out the specific terms and conditions of a service, and the other clauses set out herein, the respective clauses of the Annex prevail in relation to the respective service.

PLEASE NOTE: WE DO NOT PROVIDE ANY INVESTMENT ADVICE, AND ANY TRADES WILL BE DECIDED AND EXECUTED BY YOU. ALL INVESTMENT DECISIONS AND TRADES ARE THE RESPONSIBILITY OF EACH MEMBER/USER AND THEIR APPLICABLE BROKERS. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTIES WITH RESPECT TO THE QUALITY, ACCURACY OR PERFORMANCE OF ANY CONTENT ACCESSED OR DEVELOPED THROUGH THE SERVICES.

3. YOUR MEMBERSHIP AND MEMBER OBLIGATIONS

3.1. While using the Services and the Platform you must be at least 18 years old (or the age of contractual capacity) and you confirm that you are eligible to do so as a professional investor or as someone who is not restricted from doing so based on your residency, geographic location, or other eligibility criteria. 

3.2. To become a Member, you must fill in the registration form and submit it to us. In this form you are asked to provide us with current, complete and accurate personally identifiable information, including, without limitation, your name and surname, the email address and phone number.

The registration form requires information which may include, without limitation:

1. your contact information such as name and surname, email address, telephone number, invoicing address;

2. the exact name of the Service ordered;

3. the quantity of the Services ordered; and

4. the chosen method of payment for the order.

3.3. The act of sending the registration form is regarded as an indisputable way of identification of the person, ordered Service, the price and the method of payment, and it is considered as a mutually binding proposal of the agreement governed by these T&Cs. The condition of the validity of the registration is that all the mandatory data in the registration form must be entered and you must have confirmed your familiarity with these T&Cs and Privacy Policy available on our Website.

3.4. All registrations and orders received by us are binding.

3.5. We may have different categories of Membership and personal information you are asked to provide may vary depending on the category of Membership you are applying for. 

3.6. Each Member acknowledges and agrees that information (including personal information concerning individuals who are Members or work for entities who are Members) regarding the Member may be made available to other Members but only to the extent such disclosure is necessary for the Platform to operate in the manner envisaged. This may include your username, voice, text, anything shown on camera or screen that the Member has elected to show to the community.

3.7. You will be asked to create an account that includes a username and password. You may also be able to sign up or log in to our services through authorized third-party service providers. You can access the Services and the Platform through a web browser or mobile device to view content and information, and otherwise use the services, to the extent intended and permitted by their functionality. 

3.8. We may, in our sole discretion, refuse to allow you to establish an account with us, or limit the number of accounts that a single Member may establish and maintain at any time. 

3.9. On the condition that you comply with all your obligations under these T&Cs we grant you a limited, revocable, non-exclusive, non-assignable, and non-sublicensable license and right to access and use the Services and the Platform for the duration of your Membership.

3.10. You agree that the information you submit to us about yourself is true, accurate, current and complete. You agree to update your business and profile information to keep it current and accurate at all times. 

3.11. You may not, directly or indirectly, transfer your account or Member ID to another party or allow or enable access to any other person without our consent. 

3.12. Each account is allocated to one individual member, no joint membership may be accepted, and the relevant member is solely liable for all liabilities and obligation in respect of the account, notwithstanding any third party accessing the account, in violation of these T&Cs. 

3.13. Any use of the Services by you contrary to our mission and purpose is strictly prohibited and is considered as being in violation of these T&Cs. We reserve all rights not expressly granted in these T&Cs.

3.14. You may not use the Platform and/or the Services in a manner that: (i) copies or stores any significant portion of the content, (ii) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Service or content (through use of manual or automated means), (iii) harvests or otherwise collects information about Members, including email addresses, without their consent.

3.15. You may not commercialize any Services, application, or any data or other information or software associated with them or derived from them. You may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any content of the webpage not owned by you in a way that violates someone else’s (including ours) rights.

3.16. If the Services you selected are then currently subject to fees specified on the Website, you will be obligated to pay the fees as set forth therein. We reserve the right to update the fees from time-to-time, which updates shall take effect at the next applicable billing period. In the event that you fail to pay fees when due (including if your payment method on file is expired), we may suspend your access to and/or use of the Services until fees are paid.

10.13. From time to time, we may do promotions to promote sales. These promotions, mainly in the form of adding some extra rights for Members and potential Members, are valid for as long as they are published on our Platform or in Member’s account and do not constitute a future obligation to provide further promotions and/or sales. 

4. LIMITATIONS OF USE OF SERVICES  

4.1. Provided that you agree with and comply fully with the provisions of these T&Cs, we provide to you the access our Platform and use our Services, which is limited only for the following purposes:

1. your personal use,

2. educational use at not-for-profit schools and universities,

3. to the extent MarketQuantic has otherwise expressly authorized in a separate written agreement, applicable to you, for internal business or other purposes.

4.2. Any and all uses not expressly authorized above or elsewhere in these T&Cs are prohibited; and to be clear, you are not allowed to use our Platform or our Services to provide any content or services to a third party for commercial purposes. 

4.3. Certain Features of our Platform or our Services are available only to Members who register for and maintain a paid plan.

4.4. You acknowledge and understand that we provide Content, tools and infrastructure designed to allow you to learn trading strategies for educational purposes only and they should not be regarded as a suggestion to engage in or refrain from any investment-related course of action. You can create your own algorithms or use algorithms made available on the Website as Shared Content.

4.5       Certain countries or regions may be restricted due to regulatory or legal concerns.

4.6        To use the Platform’s services, you must have an active account with a broker supported by the Platform. If your broker is not supported, you will be unable to utilize the Platform’s services.

5. NO LIABILITY FOR THIRD PARTY CONTENT AND SHARED CONTENT CREATED BY MEMBERS 

5.1.   MarketQuantic is a distributor (and not a publisher) of Third-Party Content and Content provided by Members. Any reliance you place on Third Party Content or Content shared by Members is therefore at your own risk. Any Third-Party Content or Content shared by Members, including, without limitation, such Content in the nature of opinions, advice, statements, services, offers, data or other information, expressed or made available on the Platform or through the Services are those of the respective authors or distributors thereof, and not MarketQuantic. Neither MarketQuantic Inc. nor any third-party provider or distributor of data on or through our Platform or our Services guarantees, endorses, or is otherwise responsible or liable for the accuracy, completeness, timeliness, reliability, availability, or usefulness of any Content accessible through our Platform or our Services. You acknowledge that we do not and have no obligation to pre-screen any Content. However, we do have the right (not the obligation), in our sole discretion, to refuse, edit, move, or remove any Content or Third-Party Content. 

6. PROHIBITED USE

6.1 In connection with your use of the Services you agree and represent you will not engage in any Prohibited Use as described below. We reserve the right at all times to monitor, review, retain, and/or disclose any information, including the details of your activity, as we deem appropriate or necessary; including, without limitation, to satisfy any applicable law, regulation, sanctions programs, legal process, or governmental request. We reserve the right to cancel and/or suspend your account immediately and without notice if we determine, in our sole discretion, that your account or access is associated with a prohibited use, whether under these T&Cs or under any applicable law.

6.2 You may not use your access to engage in the following categories of activity (each a “Prohibited Use”):

a. Unlawful Activity: Activity which would violate, or assist in the violation of, any law, statute, ordinance, regulation, or sanctions programs administered in the countries where MarketQuantic conducts business, including but not limited to the United States; which would involve proceeds of any unlawful activity; or which would publish, distribute, or disseminate any unlawful material or information.

b. Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Services that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Services, other members’ accounts, computer systems or networks; use account information of another party to access or use the Services; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of MarketQuantic.

c. Fraud or Manipulation: Activity which operates (or is intended to operate) to defraud MarketQuantic, Members, or any other person; provide any false, inaccurate, or misleading information to MarketQuantic. 

d. Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to licensed materials without the appropriate authorization from the rights holder. You further understand and acknowledge that:

1. the software, code, proprietary methods and systems used to provide our Platform or our Services,

2. the design, look and feel of our template reports,

3. the graphical elements of our template reports,

4. the Content (other than the Content submitted by you or on your behalf or Shared Content owned by you or other Members),

5. any intellectual property therein; 

(collectively “Our Intellectual Property“) may not be copied, modified, reproduced, republished, posted, or transmitted by you unless it is Shared Content; and no Content, including Shared Content owned by MarketQuantic, but excluding Content submitted by you or on your behalf may be sold, offered for sale, or redistributed by you in a commercial manner without our prior written permission and the prior written permission of our applicable licensors (if applicable). You acknowledge and agree that our Intellectual Property is the sole property of MarketQuantic Inc. You must abide by all copyright notices, licensing terms, information, or restrictions, as amended, as applicable to any of our Intellectual Property. Nothing in these T&Cs grants you any right to receive delivery of a copy of our Intellectual Property or to obtain access to our Intellectual Property except as generally and ordinarily permitted through our Platform according to these T&Cs. Certain of the names, logos, and other materials displayed on our Platform or in our Services constitute trademarks, trade names, service marks or logos (the “Marks“) of MarketQuantic Ltd.. You are not authorized to use any such Marks.

e.  Abusive Language: We want to maintain a fun learning environment for everyone.  For example, adult language is permissible but do not direct it towards another individual in a hostile manner.  Behavior and attitude will be monitored and those that are not deemed to be a good fit for our community will be removed from the service.  We may also restrict the ability to post content, text, or voice communication within the community of those that display disrespectful behavior.  This is a professional environment where people are coming to learn and where money is on the line.  Do not be a distraction to that.  

The specific types of use listed above are representative, but not exhaustive. If you are uncertain as to whether or not your use of the Services involves a prohibited use or have questions about how these requirements apply to you, please contact us at [admin@marketquantic.com].

WE RESERVE THE RIGHT TO CANCEL AND/OR SUSPEND YOUR ACCOUNT AND/OR BLOCK ANY TRANSACTION IMMEDIATELY AND WITHOUT NOTICE IF WE DETERMINE, IN OUR SOLE DISCRETION, THAT YOUR ACCOUNT IS ASSOCIATED WITH A PROHIBITED USE, WHETHER UNDER THESE T&CS OR UNDER ANY APPLICABLE LAW.

7. USER CONTENT

7.1. You may not post false, inaccurate, misleading, defamatory, or libelous content on the Platform which includes our website and any communications system provided as part of the Services.

7.2. You are solely responsible for the content you upload, post, email, transmit, or otherwise make available on or through our services or website.

7.3. You may only post content that you own, have created, or that you have clear permission to publish. You acknowledge and agree that MarketQuantic does not endorse any Shared Content and is not responsible or liable for any such content, even though it may be unlawful, harassing, libelous, privacy-invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another.

7.4. You acknowledge that we do not and have no obligation to pre-screen any Member content. However, we do have the right (but not the obligation) in our sole discretion to refuse, edit, move, or remove any Member content that is submitted on or through our services or website.

7.5. By submitting any Member content through or to our services or website you hereby irrevocably grant to us a worldwide, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute such content in whole or in part and to incorporate the content into other works in any format or medium now known or later developed. These grants shall include the right to exploit any proprietary rights in such Shared Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You grant MarketQuantic the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such information on the services or website or on any media. You agree that the grant of rights by you to us is provided without any entitlement of payment of fees or consideration.

7.6  Regarding the Collaborative Content, you hereby grant MarketQuantic a worldwide, sublicensable, assignable, royalty-free, fully paid, perpetual, irrevocable license to use your Collaborative Content for all uses applicable to your Private Content as well as any other uses (such as reproduction, display, and transmission) necessary to facilitate sharing of your Collaborative Content with the Members with whom you choose to collaborate. Other business or legal terms relevant to your collaboration, such as scope of use, licensing, ownership, or other relevant rights and obligations with respect to your Collaborative Content and derivatives, if any, are to be addressed between you and the Member(s) with whom you choose to collaborate.

7.7. You represent that:

1. you have the necessary rights to grant MarketQuantic and, as applicable, other Members the license to use your Content as described in paragraphs 7.5 and 7.6 above;

2. all Content you provide is true, accurate, current and complete; and the Content you provide does not violate these Terms of Use.

7.8. The licenses you grant to MarketQuantic and applicable Members, as described above, continue even if you stop using our Website and our Services.

7.9. We may share your personal and identifiable information (including telephone numbers and emails) with our service providers whom we have contracted to assist us in providing the services, including statistical and marketing analysis.

7.10. You agree that we may contact you in the manner we have in our records for the following purposes: (i) for reasons relating to your account or your use of our services (such as to collect a debt, resolve a dispute, or to otherwise enforce these T&Cs) or as authorized by applicable law; (ii) to contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive any longer any marketing or promotional communications, you may always opt out in the communications preference section of your account, send us an e-mail or click an unsubscribe link in the email sent to you.

8. FEEDBACK 

8.1. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to our Platform or Services (collectively “Feedback“), you agree we may use the Feedback to modify our products and services (and the products and services of our affiliates) and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback.

8.2. You grant to us a worldwide, sublicensable, assignable, royalty-free, fully paid, perpetual, irrevocable right and license to make, have made, use, reproduce, modify, translate, distribute, transmit, create derivative works of, perform, display, import, sell, o er for sale, make, have made and otherwise exploit, without the requirement to make any payment to you or to any third party or the need to seek any third party permission, the Feedback in any form, media, or technology, whether now known or hereafter devised or developed, and to allow others to do the same. This is true whether you provide the Feedback in any Content submitted publicly or privately, email or any other method of communication with us unless we have entered into a separate written mutual agreement with you that provides otherwise.

9. LIABILITY AND INDEMNIFICATION

9.1. By registering to become a Member of the Platform and accessing the Services you represent that you have an adequate understanding of the risks, in particular risks set forth in Item 13 herein, usages and intricacies of trading software. The Member acknowledges and agrees that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to risks of, use of, or inability to use, or the  Platform under any cause of action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort including negligence.

9.2. Neither MarketQuantic, Inc. nor its affiliates provide any investment, legal, regulatory, or tax advice, including but not limited to the merits of holding, the value of, or the prices at which any asset, security, or instrument should be bought or sold. We do not advise on the suitability of any trading strategy, investment decision, or the tax consequences thereof.

9.3. It is your responsibility to seek independent advice regarding the Platform and the Services (including your applicable tax obligations) and the acquisition, holding, transfer or sale of securities. You are required to personally assess any and all risks associated with participating in the Platform and you are recommended to seek professional advice to determine such risks. Furthermore, the acceptance of a person or entity as a Member and the provision of specific names or details of other Members, including officers of MarketQuantic, by MarketQuantic should not be considered as a recommendation of, an opinion on or any guarantee by MarketQuantic with regard to their financial status or likelihood of being a successful trader.

9.4. In no event shall we or our officers, directors, employees, agents or suppliers be liable for lost profits, money, goodwill, reputation, any intangible loss or any damage (including incidental or consequential) arising out of or in connection with any of the following: (i) use of or inability to use our services, website or these T&Cs; (ii) delays or disruptions of our services or website; (iii) viruses or any malicious software obtained by accessing our services or website; (iv) the accuracy or reliability of the content of the website or services; (v) suspension of your account; (vi) you being dissatisfied with our website or services; (vii) your need to modify your practice or content of information. Nevertheless, this limitation of liability does not apply if MarketQuantic intentionally breaches any of its obligations set out in these T&Cs.

9.5. Although acting in good faith and considering it to be true and correct, we take no responsibility for the accuracy, reliability or correctness of information published on the Platform or provided as part of the  Services or in any materials provided or made available to you.

9.6 Our website and our services, and any content, tools, products or services displayed, accessed or obtained on or through the sites and services are provided “as is”, “as available”, and without warranties of any kind, either express, implied or statutory, including, without limitation, any implied warranties of title, non-infringement, system integration, availability, integrity, reliability or transmission or response time, data accuracy, freedom from interruption, availability, completeness, reliability or timeliness, suitability of content or services, merchantability or fitness for a particular purpose, use, or application, or arising from trade usage, course of dealing or course of performance . 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARKETQUANTIC, INC. DOES NOT WARRANT AND EXPRESSLY DISCLAIM THAT:

1. YOUR USE OF OUR WEBSITE AND/OR OUR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE,

2. ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE, COMPLETE OR TIMELY,

3. DEFECTS WILL BE CORRECTED,

4. ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF ERRORS, BUGS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND THE SERVICES AND ANY CONTENT PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE OUR WEBSITE, SERVICES OR BROKERAGE CONNECTION SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

9.6 MARKETQUANTIC INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS, ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE OR SERVICES, INCLUDING, WITHOUT LIMITATION: (i) THE USE OF, DELAYS IN OPERATION, TRANSMISSION OR RESPONSE OF, OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON OUR WEBSITE AND/OR OUR SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH OUR WEBSITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON OUR WEBSITE OR OUR SERVICES; (vi) ANY DAMAGE CAUSED BY BUGS, VIRUSES, MISTAKES, INACCURACIES, OMISSIONS, ERRORS, INTERRUPTIONS OR LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON OUR WEBSITE OR OUR SERVICES, OR (vii) ANY OTHER FAILURE OF PERFORMANCE OF OUR WEBSITE OR OUR SERVICES OR OTHER MATTER RELATING TO OUR WEBSITE AND/OR OUR SERVICES, IN EACH CASE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE CONTROL OF MARKETQUANTIC INC INCLUDING, BUT NOT LIMITED TO, ACTS OF NATURE, HARDWARE OR SOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR WEBSITE OR OUR SERVICES OR CONTENT STORED THEREIN. IN NO EVENT SHALL MARKETQUANTIC Ltd OR ANY OF ITS AFFILIATES BEAR LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE). TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. IN ANY EVENT, MARKETQUANTIC INC AND THE ABOVE REFERENCED INDIVIDUALS‘/ENTITIES‘ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY YOU TO MARKETQUANTIC INC FOR THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS; OR, IF YOU HAVE BEEN USING THE SERVICES FOR FREE, ONE HUNDRED DOLLARS (US$100).

1. YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED SUFFICIENT INFORMATION AS DISCLOSED BY MARKETQUANTIC IN THESE TERMS AND FROM SUCH OTHER SOURCES (INCLUDING TAKING INDEPENDENT INVESTMENT AND OTHER ADVICE) TO UNDERSTAND THE PLATFORM AND THE SERVICES AND ALL ASPECTS OF ALGORITHMIC TRADING AND THE RISKS RELATED THERETO.

2. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO OUR WEBSITE AND TO PROVIDE OUR SERVICES IF YOU AGREE TO THESE LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES.

9.7. MarketQuantic is not responsible for the content of any referenced or linked off-site page and is not liable for that content. The risk of injury rests entirely with the Member. Links from the MarketQuantic site to other sites do not constitute an endorsement from MarketQuantic. These links are provided as an information service only. It is the responsibility of the Member to evaluate the content and usefulness of information obtained from other sites. You should direct any concerns regarding any external link to its site administrator or webmaster. If you choose to follow one of these links, the policies of that outside site take effect until you return to this site.

9.8. MarketQuantic shall not be liable for any losses, damages, or disruptions arising from interruptions, failures, inaccuracies, or errors caused by third-party tools or services integrated with the Platform. This includes but is not limited to brokers, market data providers, analytics providers, error-tracking services, or any other external integrations relied upon by the Platform. Users acknowledge that these third-party tools and services operate independently of MarketQuantic, and their availability, performance, and reliability are beyond the control of MarketQuantic. MarketQuantic expressly disclaims any responsibility for disruptions, errors, or adverse impacts caused by such third-party tools or services, including but not limited to delays, inaccuracies, system downtime, or incompatibilities with the Platform. Users accept all associated risks and are advised to take necessary precautions when relying on these integrations for trading or other activities.

9.98. If you have a dispute with other Members, you release MarketQuantic from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

9.10 You acknowledge and agree that the information on the Platform may not be exhaustive or complete, and that you are responsible for taking independent professional advice and obtaining further information from MarketQuantic if you have any queries or concerns.

9.11 You agree to indemnify each of us and our respective officers, directors and employees and to hold each such person harmless from all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third-party claims (including claims from other Members), charges, and investigations, caused by (1) your failure to comply with these T&Cs, including, without limitation, your submission of content that violates third-party rights or applicable laws, (2) any content you submit to us, and (3) any activity in which you engage in on or through the  Platform.

10. BILLING AND REFUND POLICY 

10.1 The Platform operates on a subscription-based model with recurring fees applicable to all products. The initial subscription fee is set at $99 per month, subject to change at the sole discretion of the Provider. Members may select either monthly or annual pre-payment plans, where such options are made available by the Provider.

10.2 The MarketQuanticmay, at its discretion, offer a free access tier limited to participation in the community Discord channel and access to training videos for promotional purposes. The free access tier shall exclude all other functionalities of the Platform and access to additional services.

10.3 Payments for subscriptions shall be processed exclusively via credit card or PayPal through a third-party payment processor designated by the Provider. Users are solely responsible for maintaining accurate and up-to-date payment information to avoid any interruption of services.

10.4 Refunds shall not be issued under any circumstances, except where specific technical issues render the Platform unusable, as determined at the sole discretion of the Provider. Such issues include, but are not limited to, incompatibility with the user’s system or lack of access to a supported broker due to user error or oversight. Refund eligibility is strictly subject to the conditions outlined herein. For the avoidance of doubt, Refunds will not be granted for dissatisfaction with the trading results achieved using the Platform's tools, as trading outcomes are subject to market conditions beyond MarketQuantic's control.

10.5 Users seeking a refund for eligible technical issues must submit a request within twenty-four (24) hours of the initial purchase. Requests submitted outside this timeframe shall not be considered. Users are required to provide comprehensive documentation of the issue, which may include screenshots, error logs, or other supporting evidence, as determined by the Provider.

10.6 Refund requests shall undergo review by the Provider’s technical team, which holds sole and absolute discretion in determining eligibility. Decisions made by the MarketQuantic regarding refunds are final, binding, and not subject to appeal.

10.7 Users may cancel their subscription at any time through the membership profile section of the Platform’s website. No refunds shall be granted for unused portions of the subscription term. Cancellation requests must be received at least three (3) calendar days prior to the end of the current billing cycle to prevent charges for the subsequent billing period.

10.8 In the event of a payment dispute, the MarketQuantic shall furnish evidence of service delivery and compliance with this policy. Users agree to fully cooperate with the MarketQuantic and the payment processor in resolving such disputes. Users further acknowledge that failure to comply with these terms may result in adverse actions, including but not limited to account suspension or termination.

The MarketQuantic reserves the right to amend this policy at its sole discretion. Notice of any material changes shall be provided to users in accordance with applicable legal requirements.

11. INVESTMENT DISCLAIMER ; NO LIABILITY FOR TRADING INJURIES 

11.1. You acknowledge and understand that the Services are not intended to supply investment, financial, tax or legal advice. The Services are not investment advice and any observations concerning any security, trading algorithm or investment strategy provided in the Services is not a recommendation to buy, sell or hold such investment or security or to make any other investment decisions. We offer no advice regarding the nature, potential value, risk or suitability of any particular investment strategy, trading algorithm, transaction, security or investment. You acknowledge and agree that any use of the Services, any decisions made in reliance on the Services, including any trading or investment decisions or strategies, are made at your own risk.

11.2 The Platform is limited to the dissemination of impersonal and objective investment-related information and opinions, together with access to additional impersonal investment-related tools and resources. You understand that no content published on this Platform constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of the content on the Platform will advise you personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Therefore, please do not attempt to seek personalized investment advice from them, as they will not and cannot provide such advice. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. The publication of the Content should not be construed by any  Member and/or prospective Members or any other person who access such content (collectively, "Subscribers") as the MarketQuantic’s (i) solicitation to effect or attempt to effect transactions in securities over the Internet, or (ii) provision of any investment related advice or services tailored to any particular individual's financial situation or investment objectives.

11.3 You understand that the views expressed herein are the authors' own opinions. Trading in securities (including, without limitation, stocks, options, ETFs, and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance. You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. MarketQuantic shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon. It is important to note that markets are subject to continuous changes, and previously published information and data may not be current or reliable for making investment decisions.

11.4 As a Member, you maintain complete discretion as to whether or not you choose to follow any portion of the content provided on the Platform. MarketQuantic does not offer or provide investment implementation services, nor does it offer or provide initial or ongoing personalized advice, whether in person or via the internet. It is exclusively your responsibility as a  Member to review and evaluate the content and determine whether to accept or reject any opinions expressed therein. Additionally, it is your sole responsibility to assess the suitability of any such opinion for your investment portfolio or objectives, of which the Publisher has no knowledge or opinion. MarketQuantic does not express any opinion regarding the appropriateness of any recommendations provided on the Platform for your investment portfolio, strategy, financial situation, or investment objectives.

Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.

11.5 To the extent any of our content involves a strategy, your actual results may differ from results reported for the strategy for many reasons, including, without limitation:

1. performance results for the strategy do not reflect actual trading commissions that you may incur;

2. performance results for the strategy do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect your results;

3. the investments chosen for the strategy may be volatile, and server, delivery delays and other factors may cause the price you obtain to differ substantially from the price at the time of the alert;

4. you may not have the capital to trade as frequently as the strategy;

5. the size and timing of a Member's purchase or sale of a security may affect the price of the stock.

11.6. You acknowledge and agree that we shall have no liability for, and disclaim any warranties with respect to: (i) the profitability and/or performance against expected results of the use of any Content provided hereunder; (ii) the performance of any Trading Strategy, that generates different results than past performance – a past performance does not guarantee that the trading strategy will achieve the same results in actual trading on the markets in financial instruments, as actual trading on the markets in financial instruments may be affected by other factors, including the technical setup of the relevant regulated market or other trading venue or deficiencies in the execution of trades; (iii) any trading results or performance in connection with use of the Service, including, without limitation, lower than expected returns or trading losses suffered by you or any third party; or (iv) any other losses of part or all of an investment or lower than expected returns when trading on the financial instruments markets. 

12. RISKS 

1. Members acknowledge that the Services may be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of MarketQuantic to continue to offer or develop the Platform and/or the Services, or which could impede or limit the ability of a Members to use the Platform and/or the Services.
   
   

2. Members recognize that the Platform and the Services will be under ongoing development and may undergo significant changes from time to time. The Member acknowledges that any expectations regarding the form and functionality of the Platform and the Services may not be met for any number of reasons including a change in the design and implementation plans and execution of the implementation of the Platform and the Services. Inadvertent errors and bugs may still cause order types to fail or behave incorrectly.
   
   

3. There is a risk that the Platform may unintentionally contain flaws or bugs in its source code that affect the use thereof or cause the loss thereof.
   
   

4.  Hackers or other groups or organizations may attempt to interfere with the Platform in a variety of ways, including but not limited to denial-of-service attacks, Sybil attacks, spoofing, smurfing, malicious attacks or consensus-based attacks. Although MarketQuantic and third-party service providers, shall strive to ensure the safety of the Services, Member understands that it can be in no way guaranteed.
   
   

5.  Users acknowledge and agree that the Platform relies on external API connections to third-party services, including but not limited to brokers, market data providers, and other external integrations necessary for its functionality. These third-party services operate independently of MarketQuantic, and MarketQuantic does not control, manage, or guarantee their availability, performance, or reliability. Users further understand that these external dependencies may experience interruptions, delays, errors, or outages due to a variety of factors, including but not limited to system maintenance, technical failures, changes in third-party terms or conditions, or force majeure events. Such interruptions may result in delays, inaccuracies, or unavailability of certain features or functionalities of the Platform. MarketQuantic expressly disclaims liability for any disruptions, losses, or damages arising from these external dependencies.

13. PRIVACY & SECURITY

13.1. We process information about you in accordance with our Privacy Policy which is available on our website and incorporated by reference into these T&Cs. 

13.2 You hereby acknowledge that you have carefully read our Privacy Policy as it governs our treatment of any information, including personally identifiable information you submit to us or which we have collected from publicly-available sources. Please note that certain information, statements, data, and content (such as photographs) which you may submit to MarketQuantic are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that MarketQuantic (or any of its relevant service providers) may process such information, within the provisions of the Privacy Policy.

13.3 You acknowledge and agree that despite our efforts to maintain the security of your data, data breaches can occur. In the event of a data breach, we will take reasonable steps to notify affected individuals as required by applicable law and take necessary measures to mitigate the impact of such breach. You agree that MarketQuantic, Ltd. and its Affiliates, shall not be liable for any damages arising from a data breach, except to the extent caused by our gross negligence or willful misconduct.

14. CONFIDENTIALITY

14.1 The Member agrees that it: 

1. will hold and treat in confidence all information provided to it by us or any Member of the Platform including, without limitation, any research, opinions, financial or other information, and all documentation concerning (i) MarketQuantic, its operations or processes, or Content (the "Confidential Information"); 

2. will not disclose, in whole or in part, in any manner whatsoever, any Confidential Information to any person or individual who is not a director, officer, employee, representative, subsidiary, auditor, agent, investor, consultant or advisor (including legal counsel) of the Member or its affiliates (collectively, the "Member Representatives"); and 

3. will disclose Confidential Information only to Member Representatives on a “need to know” basis meaning such persons who are required or reasonably requested in the course of their duties to receive and consider same for the purposes of internal legal, compliance or other legitimate reasons, and only if such Member Representatives are, prior to such disclosure, advised of the confidentiality obligations imposed by these T&Cs; unless, in any case, the Member has the prior written consent of MarketQuantic or the Member is required to disclose any Confidential Information to any competent judicial, governmental, supervisory or regulatory authority or by law, in which case, Member shall give prior notice to MarketQuantic unless precluded from doing so by law. Notwithstanding the foregoing, "Confidential Information" will not include:
   
   

1. information which the Member can prove is lawfully already in its possession prior to its receipt from MarketQuantic; 

2. information which the Member can prove is lawfully obtained by it from a third party who is not otherwise known by the Member to be prohibited from transmitting the information to the Member by any duty of confidentiality owed to MarketQuantic; and 

3. information which is or becomes generally available to the public other than as a direct or indirect result of a breach of these T&Cs by the Member or any of the Member Representatives.
   
   

MarketQuantic agrees that it:

1. subject to b. below and any other provisions herein to the contrary, will hold and treat in confidence all written information provided to it by, or acquired by it from, Members that is marked "Confidential" or that MarketQuantic knows to be confidential including, without limitation, any financial information in respect of the structure, business or operations of the Member (the "Member Confidential Information");
   
   

2.  will disclose Member Confidential Information to the other Members as necessary for the purposes of assessment and on-boarding process, only with the specific written consent of the relevant Member and only on a “need to know” basis. 
   
   

3.  will not disclose, in whole or in part, in any manner whatsoever, any Member Confidential Information to any person or individual who is not a director, officer, employee, representative, subsidiary, auditor, agent, consultant or advisor (including legal counsel) of MarketQuantic or its Affiliates (collectively, “MarketQuantic Representative”);
   
   

4. will disclose Member Confidential Information only to those MarketQuantic Representatives on a “need to know” basis meaning such persons who are required or reasonably requested in the course of their duties to receive and consider same for the purposes of the Membership for internal legal, compliance or other legitimate reasons, and only if such MarketQuantic Representatives are, prior to such disclosure, advised of the confidentiality obligations imposed by these T&Cs; unless, in any case, MarketQuantic has the prior consent of the Member or MarketQuantic is required to disclose any Member Confidential Information to any competent judicial, governmental, supervisory or regulatory authority.
   
   

5. Notwithstanding the foregoing, "Member Confidential Information" will not include:

1. information which was lawfully already in MarketQuantic' possession prior to its receipt from the Member; 

2.  information which is lawfully obtained by it from a third party who is not otherwise known by MarketQuantic to be prohibited from transmitting the information to MarketQuantic by any duty of confidentiality owed to the Member; 

3. information which is independently developed by MarketQuantic; and

4. information which is or becomes generally available to the public other than as a result of a breach of these T&Cs by MarketQuantic or any of the MarketQuantic Representatives; 

15. TERMINATION

15.1. Subject to Item 15.3, these T&Cs shall remain in force at all times unless and until the Member ceases to be a Member in accordance with these T&Cs.

15.2. We may terminate or suspend your Membership if (i) Item 15.3 applies and the relevant restriction or suspension remains in place for 90 days or longer; or (ii) we reasonably believe there are legal, regulatory, bona fide commercial or other reasons to do so at any time, with or without notice. Cancellation or suspension shall be effective immediately or as may be specified in the notice, if any. Termination or suspension of your Membership may include disabling your access to the Platform and the Services and we may also bar you from any future use of the Platform. 

15.3. MarketQuantic may, at any time, restrict or suspend your Membership and/or access to the Platform and the Services in case of breach of these T&Cs, you fail to pay the applicable fees on the due date, or abuse or misuse of the Platform or the Services, or if MarketQuantic in its sole discretion determines that you are in violation of personal conduct towards MarketQuantic, its personnel, guests, or any member in our community. Misuse or abuse includes (without limitation): providing false or misleading information, using the Platform or the Services or any information obtained from or through the Platform commercially without our authorisation, infringing any intellectual property rights.

15.4 In an event of Termination under either Item 15.2 or Item 15.3 hereunder, MarketQuantic shall have no obligation to refund to the Member any fees paid for the remaining period.

15.5 Termination of all or any part a Member’s rights pursuant to these T&Cs, will not affect such party’s respective accrued rights and obligations. Provisions that by their nature should survive shall survive termination of Membership, including without limitation, Confidentiality, Intellectual Property, and Limitation of Liability and Indemnification.

16. NOTICES

16.1. You agree that MarketQuantic may send you electronic messages about your account and the services. Any such communication will be considered to be received by you within 24 hours after the time we post it to our website or email it to you. Any messages sent to you by postal mail will be considered to be received by you 7 business days after we send it.

16.2. You may contact us by email [insert], for general questions. All legal notices (including legal disputes) must be sent by postal mail to: [insert].

17. ENTIRE AGREEMENT AND RIGHTS OF THIRD PARTIES

17.1. These T&Cs constitute the whole agreement, between the parties and supersedes all previous agreements between the parties relating to its subject matter. The Member acknowledges that in becoming a Member and agreeing to be bound by these T&Cs that it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these T&Cs. Nothing in this Item 17.1 shall limit or exclude any liability for fraud or for fraudulent misrepresentation.

18. ASSIGNMENT AND DELEGATION

18.1. You may not assign or delegate any rights or obligations under these T&Cs. Any purported assignment and delegation shall be ineffective.

18.2. MarketQuantic may not assign any rights or obligations under these T&Cs except to an affiliate that assumes our rights and obligations under these T&Cs. Such notice will be given through our website or email or by any other type of notice.

19. APPLICABLE LAW

19.1. These T&Cs are subject to the laws of the State of Wyoming and to the exclusive jurisdiction of the UK courts.

19.2. If any provision of these T&Cs is held to be invalid, void or for any reason unenforceable, such provisions shall be struck out and shall not affect the validity and enforceability of the remaining provisions.