THIS TERMS OF SERVICE AGREEMENT (“Agreement”) is made between VOLFIX Limited (“Company”) and any person (“User”) who installs the Software and/or completes the registration process to open and maintain an account with the Company’s VolFix.NET Software (“Software/Service”).
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SOFTWARE/SERVICE, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED AND COMPANY SHALL PROMPTLY CANCEL THIS TRANSACTION AND USER MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SOFTWARE/SERVICE. THIS AGREEMENT IS APPLICABLE FOR ALL RELEASED VERSIONS OF THE SOFTWARE/SERVICE INCLUDING, BUT NOT LIMITED TO BETA VERSIONS. THIS AGREEMENT MAY BE AMENDED FROM TIME- TO-TIME AT THE SOLE DISCRETION OF COMPANY. COMPANY SHALL PROVIDE NOTICE TO USER OF AMENDMENTS BY POSTING THE UPDATED TERMS OF SERVICE ON COMPANY’S WEBSITE. USER SHALL HAVE THE OPPORTUNITY TO REFUSE SAID AMENDMENTS SOLELY BY REQUESTING TERMINATION OF ACCESS TO THE SOFTWARE/SERVICE.
1. Software/Service Terms
The Software/Service is proprietary to Company and is protected by intellectual property laws and international intellectual property treaties. User’s access to the Software/Service is licensed and not sold. Software/Service is an order entry and trading application for transactions involving, but not limited to, stocks, futures, exchange traded funds, mutual funds, single stock futures, options, and currency orders (collectively “Orders”) that interfaces through an Application Protocol Interface (“API”) or Software Development Kit (“SDK”). These systems may be based on software platforms developed by various other third party brokers and/or software developers (collectively “Broker Platforms”). Orders may be executed by brokers via Broker Platforms.
b. Use of Third Party Vendors/Brokers.
User is aware that the Software/Service implements various third party software, platforms, and equipment (collectively “Vendors”) and Broker Platforms. Company warrants that use of third party software and/or services is fully licensed for use by Vendors/Brokers to Company and in-turn to licensed Users of Software/Service. User shall abide by all Vendors’/Brokers’ individual terms of service agreements, if applicable. COMPANY MAKES ABSOLUTELY NO WARRANTIES WITH REFERENCE TO THIRD PARTY VENDOR/BROKER SOFTWARE AND/OR SERVICES.
c. Use of Third Party Plugins.
User is aware that third parties may develop utilities, indicators or strategies (“Plugins”) that interact and/or work within the Software/Service. Installation and use of Plugins is at User’s sole risk. User hereby agrees that Company makes absolutely no guarantees regarding compatibility and is not responsible for the function of Plugins individually or with respect to the Software/Service. COMPANY MAKES ABSOLUTELY NO WARRANTIES WITH REFERENCE TO PLUGINS.
d. Accessibility and Function.
User agrees that from time to time, the Software/ Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment (hardware) malfunctions, (ii) software malfunctions, (iii) periodic maintenance procedures or repairs which Company may undertake from time to time, or (iv) causes beyond the reasonable control of Company or which causes are not reasonably foreseeable by Company. Company is not responsible, directly or indirectly, for the performance and/or reliability of Broker Platforms, system, equipment or otherwise, or User’s Internet Service Provider (“ISP”).
User shall be solely responsible for providing, maintaining and ensuring
compatibility with the Software/Service, all hardware, software, electrical and other physical requirements for User’s use of the Software/Service including, without limitation, telecommunications and Internet connection(s), ISP, web browsers and/or other equipment, programs and services required to access and use the Software/Service.
f. Grant of License.
Company grants User, pursuant to the terms and conditions of this Agreement, a nonexclusive and nontransferable license to use the Software/Service.
2. Security of User’s System
User shall be solely responsible for the security, confidentiality and integrity of all messages and the content that User receives, transmits through or stores via the Software/Service or on any computer or related equipment that is used to access the Software/Service. User shall be solely responsible for any authorized or unauthorized access to User’s account by any person, entity, partnership, organization, association or otherwise.
a. Collection and Taxes.
All Fees, taxes and other charges shall be billed to User’s credit/charge card or paid by check. In the event that User is provided with use of Software/Service through a 3rd party reseller (“Reseller), User shall pay the Reseller who in turn shall submit the appropriate subscription fee to Company. User shall be solely responsible for and shall pay Company or Reseller, if applicable, all sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, “Taxes”), whether imposed now or hereinafter by any governmental authority. User shall promptly pay Company in the event of any refusal by User’s credit card issuer to pay any amount to Company for any reason. User agrees to pay interest at the rate of two percent (2.0%) per month on any outstanding balance, together with costs of collection, including attorney’s fees and costs, and any applicable bank fees. In the event User fails to pay any amount due as set forth herein, Company may, at its sole discretion, immediately suspend or terminate this Agreement and User’s access to the Software/Service. Company reserves the right to report delinquent accounts to appropriate credit agencies.
During the term of the license User shall be entitled to Software/Service upgrades as provided in the sole discretion of Company. User’s entitlement to upgrades shall be limited to the specific edition of the Software/Service for which the User is licensed. For instance, if User subscribes 3 to Edition A of the Software/Service, User shall be entitled only to Edition A upgrades and so forth. Software/Service editions relate to the service level of Software/Service and shall not be confused with release version number(s).
4. User Representations
User represents and warrants to Company that: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User’s obligations under this Agreement, (b) all information provided by User to Company is truthful, accurate and complete, (c) User is the authorized signatory of the credit or charge card provided to Company to pay the Fees, (d) User shall comply with all terms and conditions of this Agreement including, without limitation, the provisions set forth in section 5, (e) User, and not the Company, is solely responsible for the security and use of User’s password, (f) User has provided and shall provide accurate and complete registration information including, without limitation, User’s legal name, address and telephone number, (g) User acknowledges that all right, title, and interest to the Software/Service belongs to Company. Company reserves all rights not expressly granted to User in this Agreement and that the User may not sublicense, transfer, or assign the Software/Service, directly or indirectly, to any person, entity, partnership, organization, association or otherwise, for any reason.
5. Prohibited Uses
a. Errors, Acts, Omissions and Unacceptable Use.
User is solely responsible for any and all errors, acts and omissions that occur under User’s account or password, and User, directly or indirectly, agrees not to engage in, facilitate, or encourage any unacceptable use of the Software/Service which unacceptable use includes, without limitation, use of the Software/Service to: (i) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial e-mail, (ii) disseminate or transmit material that, to a reasonable person may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious, (iii) disseminate, store or transmit files, graphics, software or other material that actually, impliedly, or potentially infringes the copyright, trademark, patent, trade secret, trade name or other intellectual property right of any person, entity, partnership, organization, association or otherwise, (iv) create a false identity or to otherwise attempt to mislead any person, entity, partnership, organization, association or otherwise, as to the identity or origin of any communication, (v) distribute, re-distribute or permit transfer of content in violation of any export or import law and/or regulation or restriction of the United States of America and its agencies or authorities, or without all required approvals, licenses or exemptions, (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Software/Service or any other computer network, (vii) disseminate, store or transmit viruses or any other malicious code or program,; or (viii) engage in any other activity deemed by the Company, in its sole discretion, to be in conflict with the spirit or intent of this Agreement.
User may not disseminate software, username(s) and/or password(s) to any other person, entity, partnership, organization, association or otherwise. Internet Protocol (“IP”) addresses may be recorded by the Software/Service to prevent account misuse.
This Agreement is effective upon User’s acceptance as set forth herein and shall continue in full force until terminated. User may terminate this Agreement for any reason upon thirty (30) days prior written notice to Company. Company reserves the right, in its sole discretion and without prior notice to User, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Software/Service, (b) suspend User’s access to or use of all or any portion of the Software/Service, and (c) terminate this Agreement.
7. Disclaimer of Warranties
THE SOFTWARE/SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SOFTWARE/SERVICE IS AT USER’S SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SOFTWARE/SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SOFTWARE/SERVICE. USER REALIZES THAT THERE IS RISK IN TRADING STOCKS AND THAT ASSETS MAY BE LOST AND ARE NOT INSURED. COMPANY IS ABSOLUTELY NOT RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR USERS’ STOCK ORDER, PURCHASE AND SALE ACTIONS. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SOFTWARE/SERVICE. COMPANY MAKES ABSOLUTELY NO WARRANTIES WITH REFERENCE TO THIRD PARTY VENDOR/BROKER SOFTWARE AND/OR SERVICES.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY, DIRECTLY OR INDIRECTLY, BE LIABLE TO USER OR ANY OTHER PERSON, ENTITY, PARTNERSHIP, ORGANIZATION, ASSOCIATION OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SOFTWARE/SERVICE OR THE INTERNET IN GENERAL, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE SOFTWARE/SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SOFTWARE/SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SOFTWARE/SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SOFTWARE/SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR ANY DAMAGES EXCEED THE TOTAL FEES PAID BY USER TO COMPANY HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SOFTWARE/SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SOFTWARE/SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6. COMPANY IS NOT LIABLE FOR ANY ITEMS VIEWED OR TRANSMITTED VIA THE SOFTWARE/SERVICE. COMPANY IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ACTS TAKING PLACE WHICH ARE NOT VIEWED OR TRANSMITTED VIA THE SOFTWARE/SERVICE. COMPANY IS NOT OBLIGATED, DIRECTLY OR INDIRECTLY, TO TAKE ANY STEPS TO PREVENT OR CORRECT ANY ILLEGAL, ABUSIVE OR OTHERWISE INAPPROPRIATE ACTIVITY PERFORMED BY USER, NOR IS COMPANY OBLIGATED, DIRECTLY OR INDIRECTLY, TO ARCHIVE OR OTHERWISE MAINTAIN OTHER REPRODUCTION OF THE CONTENT THAT APPEARS OR IS TRANSMITTED ON THE SOFTWARE/SERVICE FOR FUTURE REFERENCE. COMPANY IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ACTION OR INACTION WITH RESPECT TO ANY CONTENT ON THE SOFTWARE/SERVICE. COMPANY IS NOT RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR COMPLIANCE OR LACK THEREOF BY ANY BROKER(S) WITH RESPECT TO ANY APPLICABLE LAWS AND REGULATIONS INCLUDING, BUT NOT LIMITED TO, THOSE LAWS REGARDING OR PERTAINING TO THE TRADING OF SECURITIES. COMPANY MAKES SIGNIFICANT EFFORTS MEETING OR EXCEEDING INDUSTRY STANDARDS TO INSURE THE SECURITY AND/OR FUNCTIONALITY OF SOFTWARE/SERVICE RELATED INTERNET TRANSMISSIONS BUT, DUE TO THE INHERENT NATURE OF THE INTERNET,5 CANNOT GUARANTEE OR WARRANT FUNCTIONALITY AND/OR SECURITY OF INTERNET TRANSMISSIONS.
User agrees to indemnify, hold harmless and defend Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, entity, partnership, organization, association or otherwise, arising out of or relating to: (a) this Agreement, (b) User’s use of the Software/Service, including any data or work transmitted or received by User, and (c) any unacceptable use of the Software/Service, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable in section 5.
a. What Information We Gather
“Personal Information” means individually identifiable information about an individual consumer collected from that individual by VolFix via the Website or other means (for example, by Your voluntarily submitting Personal Information to Us via the completion of an order form or registration form). The types of Personal Information that We may request include, without limitation, Your name, employer, job title, department, business mailing address, home mailing address, email address, telephone number, fax number, credit card number and other credit card details, geo-location data of Your mobile or other device, including GPS-based, Wi-Fi-based, or cell-based location information.
In order for You to purchase the Products or participate in other Website activities, You may be required to provide Us with Personal Information. Some of the information that We ask You to provide is identified as mandatory and some is identified as voluntary. If You do not provide the mandatory information, You will not be able to place Your Order.
Accessing and Updating Your Personal Information
You may update Your Personal Information via via your account at this Website. If You should become aware that Your Personal Information with VolFix is not complete and accurate, You shall promptly update Your Personal Information via your account.
Adult Audiences Only
The Website is intended for adult audiences and is not directed to children and other individuals under the age of majority in the individual’s country, and We do not knowingly collect Personal Information or other information from such individuals. You agree to notify Us immediately, via your account or by writing to the applicable VolFix office identified in the “Contact Us” section of the Website, if You become aware that We have received information from any such individuals.
Third Party Sites
b. Why we use your personal data
We only use your information where you’ve given us your consent, where its necessary to deliver the services you’ve requested, where it’s necessary to exercise or comply with legal rights or obligations, or for normal business purposes of the kind set out in this policy.
c. How We Use the Personal Information We Gather
- to process an Order from You, including processing Your online payment and notifying You of the Order status;
- to invoice You for the Products ordered by You;
- to deliver the Products ordered by You;
- to support Our intent to maintain and improve the security of Your Order and transactions (e.g., by applying antifraud Flters);
- to register Your purchase with the Vendor (for warranty, technical support, or other purposes);
- to provide You with customer and technical support;
- to inform You about Product upgrades; special offers; other products, services and information (including from third parties); market research; or completing surveys or evaluations; if You have opted to receive such communications;
- to support Our intent to show You the most relevant content and improve usability of the Website;
- to provide You with access to restricted areas of the Website;
- to comply with legal requirements;
- to enforce the terms and conditions of this Agreement, including the investigation of potential violations;
- or for any other lawful purposes.
Some data, such as the types of used services and how many users We receive daily, may be used by VolFix for statistical, marketing, promotional, or any other lawful purposes. This kind of information is collected in aggregate/statistical form, without identifying any user individually.
Legal Basis for Processing (EEA only):
If you are an individual from the European Economic Area (EEA), our legal basis for collecting and using the personal information will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where: (a) we have your consent to do so, (b) where we need the personal information to perform a contract with you (e.g. to deliver the VolFix Services you have requested), or (c) where the processing is in our or a third party’s legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms). In some cases, we may also have a legal obligation to collect personal information from you, or may otherwise need the personal information to protect your vital interests or those of another person.
Where we rely on your consent to process the personal information, you have the right to withdraw or decline your consent at any time. Please note that this does not affect the lawfulness of the processing based on consent before its withdrawal.
d. Protection of the Personal Information We Gather
VolFix has implemented industry-standard measures to protect the security of the Personal Information We collect via the Website. For example, We use (SSL – Secure Socket Layers), a Firewall and a digital certificate issued by VerisignTM to protect certain of Your Personal Information, and We (our payment processing partner) are PCI DSS (Payment Card Industry Data Security Standard) certified. No one can guarantee, and We do not guarantee, that Your Personal Information is completely secure at all times. You are also responsible for maintaining the confidentiality of Your Personal Information to protect it against unauthorized access or use.
VolFix may retain Your Personal Information for as long as You continue to use the Website or Products, and thereafter as permitted or required by applicable law. If We delete Your Personal Information, it may still be contained on backup media or other systems.
Your Personal Information may be transferred to persons within the European Union, Switzerland or to persons within other countries whose legislation may or may not ensure an adequate level of protection. We shall endeavor to comply with the laws of the country from which Your Personal Information was transferred, if We consider the laws of the country to which Your Personal Information was transferred as not ensuring an adequate level of protection.
e. Your Rights
f. Your Choices
You can decide if You want to provide Your Personal Information to VolFix, but if You do not provide certain Personal Information, You may not be able to make purchases, enlist services or access certain options at the Website or through other means. If You choose at the Website to receive communications regarding product information, special offers, or any other marketing or other information, We may add Your Personal Information to Our email database and use (or direct Our designees to use) Your Personal Information for providing such communications to You. You may later choose to unsubscribe from receiving such communications by following the unsubscribe directions in Our communications. If You provide VolFix with inconsistent privacy preferences at the Website (for example, by indicating on one occasion that We may provide You with marketing offers and on another occasion that We may not), VolFix will endeavor to update Your privacy preferences in VolFix’s records with Your latest preference in a timely manner.
g. Additional Rights for EEA and Certain Other Territories
If you are from certain territories (such as the EEA), you may have the right to exercise additional rights available to you under applicable laws, including:
- Right of erasure: In certain circumstances, you may have a broader right to erasure of personal information that we hold about you – for example, if it is no longer necessary in relation to the purposes for which it was originally collected. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
- Right to object to processing: You may have the right to request that VolFix stop processing your personal information and/or to stop sending you marketing communications.
- Right to restrict processing: You may have the right to request that we restrict processing of your personal information in certain circumstances (for example, where you believe that the personal information we hold about you is inaccurate or unlawfully held).
- Right to data portability: In certain circumstances, you may have the right to be provided with your personal information in a structured, machine readable and commonly used format and to request that we transfer the personal information to another data controller without hindrance.
If you would like to exercise such rights, please contact us at the contact details below. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.
You also have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
11. Refund policy: Try before you buy
VolFix does not accept product returns. We encourage you to take advantage of our “Try before you buy” policy: Use the 14-days free trial period before purchasing the product.
Company shall have the right, at any time and without prior written notice to or consent from User, to add to or modify the terms of this Agreement, simply by delivering such amended terms to User by e-mail at the address provided to Company by User or by requiring the User to accept an updated Agreement upon accessing the Software/Service. User’s access to or use of the Software/Service after the date such amended terms are delivered to User shall be deemed to constitute acceptance of such amended terms.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision shall be enforced to the maximum extent possible and the other provisions shall remain fully effective and enforceable.
All notices shall be in writing and shall be deemed to be delivered when sent by firstclass mail or when sent by facsimile or e-mail to either parties’ last known post office, facsimile or email address, respectively. User hereby consents to notice by e-mail. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.
e. Force Majeure.
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by causes beyond the reasonable control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.
The terms and provisions of sections 2, 3, 4, 5, 7, 8, 9, 10 and 11 shall survive any termination or expiration of this Agreement.
g. Entire Agreement.
This Agreement constitutes the complete and exclusive statement of the
agreement between the parties with respect to the Software/Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Software/Service.
USER HAS READ, UNDERSTANDS AND AGREES TO THE TERMS & CONDITIONS OF THIS AGREEMENT AND APPENDIX A AS INCORPORATED HEREIN.