Terms and conditions.
Any opinions, news, research, analyses, prices or other information submitted through this website, is provided as general market commentary and does not constitute any investment advice. You acknowledge that if you carry out any transaction, it is based on your own discretion. The opinions expressed by the company's representatives or employees regarding specific asset prices and the direction they may take in the future, do not necessarily represent SmarTrader's opinion and are not guaranteed in any way. Under no circumstances will SmarTrader be liable for losses incurred in connection with any decision made by either party, based on information provided verbally, in writing, or via the internet by our team.
All assets of our intellectual property including but not limited to all of our copyrights, trademarks, patents, service marks, product brands, software codes, icons, logos, designs, characters, company know-how, buttons, color schemes and graphics are solemnly and exclusively intellectual property and all will be protected by local intellectual property laws and internments, including all copyright laws and regulations. Under no circumstances should you remove any notice of our copyrighted intellectual property, or illegally use our website and/or software.
The use of any content within our website is not allowed, in a way other than that provided.
You are not allowed to use any of our images and/or content for any purpose without our prior written consent.
It is not allowed without prior written permission to alter, modify, reproduce, distribute or commercially exploit any material including texts, graphics, video, audio, software code, user interface design or logos of this website.
If you connect through another page to this website, both the page and the link may not be used without our prior written consent, nor say that we suggest, sponsor or are affiliated with any website, entity, service or product. that does not belong to SmarTrader.
It is not allowed to make use of our intellectual property other than the content within the link text.
- Generalities on Terms of Service
1.1 The Company offers the trader the possibility to use various services through our platform in www.smartrader.io, are online services they are online services and exclusive to the functionality of the website, the Service includes access to certain paid and free tools. (See plan specification).
1.2 Below you will find a brief summary of certain terms and conditions included in these Terms of Service. However, this summary is provided solely for your convenience; therefore, you should read all terms of service before accepting them.
You are granted the right to use the Service, subject to these terms and conditions of use of the Service. This right of use is limited to you, as an individual (not as an alliance, business or corporate entity) which is non-transferable, unless expressly consented to by the Company in writing. In order to take full advantage of the Service, you will need to accept the end user license agreement and the terms and conditions for any other related software and hardware. Your refusal to accept the terms of such agreements could limit your ability to fully use the Service.
However, any other provision contained in this document, the Service will be available for use from the registration of your data together with the payment of the chosen plan including the corresponding renewals, unless something different is established in this document. The Service only works on computer and compatible devices. To use the Service, you must register and open an account as a user at www.smartrader.io. We reserve the right to make regular updates to the Service, with or without prior notice. You must be at least 18 years of age to accept these Terms of Service, with the understanding, however, that if you are under the age of 18, your parent or legal guardian may accept them on your behalf.
If you have any questions about these Terms of Service or would like to contact us for any reason contact us via email at: firstname.lastname@example.org if you are a user, send us your question from the chat.
- Permission to use the service: reservation of rights
By agreeing to these Terms of Service, you are granted a limited, non-exclusive, non-transferable right to enter, access and use the service solely for personal, non-commercial use. All rights not expressly granted to you in these Terms of Service, are reserved by the company and its directives, as appropriate. You agree that this permission is for your personal, non-commercial use, and that no one but you will use it. You have no rights to copy or record in whole or in part any portion of our services, including without any limitation the content of SmarTrader. Other than the limited license granted to you depending on the plan you choose, you do not have any other right, title or participation in the service. You understand and acknowledge that, in all circumstances, your rights with respect to the service will be limited by applicable copyright or intellectual property laws and these Terms of Service.
- Description of the Service
- Your Account and Registration Information: You can browse, view, and search within the service without the need for open a user account in SmarTrader or provide registration information. However, for any other use of the Service and access to benefits (Smart Builder and other tools), you will need to open an account with SmarTrader and provide registration information to the company.
- Access to SmarTrader content: You can access it as many times as you want, as long as you have subscribed to the service. You are not authorized to download the support files, except when clearly specified. Any authorization to download SmarTrader content is solely for your convenience and will not constitute a concession or waiver (or other limitation or implication) of any copyright to the content of our platform.
- Additional Software and Hardware Terms: Please note that there may be separate end-user license agreements and Terms of Service that you must accept for hardware and software that you use in connection with the Service, or that may interact with the Service. Refusing to accept the terms of such agreements would limit your ability to fully use the service. Additionally, the Service only works with compatible devices.
- Promotions: The Company may from time-to-time place advertisements or submit promotional offers and bonuses on or through the website. Your participation in any promotion or offer is subject to applicable rules related to the promotion.
Your use of the Service is subject to the following restrictions:
5.1 Company rules and policies: By using the Service you will be subject to any other policy decision or rule applicable to the Services and specific features that are published on an occasional basis. All decisions are incorporated by reference to these Terms of Service. These will generally apply in a non-discriminatory manner to all end users of the Service and may include, for example, required or automatic software updates, modifications and reinstallations. These updates, modifications and similar operations may be made periodically or when necessary, without notice. In addition, you understand that certain aspects of the service are able to control themselves and may create a special identification system for safety-related purposes and the detection of tampering. Your access to certain applications is subject to restrictions for security reasons or according to SmarTrader's content protection policies consistently applied. You understand and accept that it is likely that the content of our platform that was previously available for use is not available thereafter.
5.2 Age requirements: You do not require a minimum age to access our services, however if you are under the age of 18, your parent or legal guardian must accept these Terms of Service and register for the Service on your behalf. In accordance with the Children's Online Privacy Protection Rule ("COPPA") and depending on the modifications made from time to time, if you are under 13 years of age, you are requested not to provide any information to the company, either through the use of the Service, participation in any of the promotions, contests or sweepstakes related to the Service, or through any other activity.
5.3 Prohibited conduct: You must not use the Service to transmit, display, execute or otherwise make available messages, content or materials (I) that are illegal, obscene, threatening, massive unsolicited or "spam," defamatory, privacy invaders, or (II) that violate or infringe copyrights, trademarks, patents, trade secrets and other intellectual property rights, rights of privacy or publicity, communications regulations or statutes, or other laws, including, without limitation, the laws on defamation, harassment, obscenity and pornography; (III) that constitute political campaigns or requests for sale or marketing or contain computer viruses or other computer code intended for interfere with the functionality of computer systems, or (IV) that in some way harms minors. You agree not to interrupt or attempt to interrupt the operation or the Service in any way. During its use, users are expected to behave in an appropriate and respectful manner, taking into account our high standard of quality for all our users. Any violation of the provisions herein shall be subject to the review and pertinent actions that the company decides to adopt, in its sole consideration and even proceed to the right to Terminate the Service according to the seriousness of the offense. In addition, you may not use a false email address or in any way mislead other members as to your identity or the origin of a message or content.
5.4 Restriction on use related to the Service: The Service includes security components, so special rules and policies apply. You shall not attempt (or support the attempts of others) to circumvent, reverse engineer, decrypt, decompile, disassemble or otherwise modify, alter or interfere with any aspect of the Service. You may not distribute, exchange, modify, sell or resell, or transmit to any other person any part of the Service, including, without limitation, any text or image, for any business, commercial or public purpose. You agree not to copy, sell, distribute, sell, or distribute or otherwise transfer SmarTrader content, except as expressly permitted above.
5.5 Restriction on use related to the SmarTrader Account: You may only open a SmarTrader Account for yourself, and not for any other person, subject to the provisions of the section above entitled "Age Requirements". You agree that you will not permit others to use the Registration Information and/or the SmarTrader Account and agree that you are solely responsible for maintaining the confidentiality and security thereof. You agree to immediately notify the Company of any unauthorized use of your password and/or SmarTrader Account by contacting us via our support email at email@example.com or via chat on the learning platform. If you use or open an account on the Service on behalf of a company, entity or organization (collectively "Subscribing Organization"), you represent and warrant that you are an authorized representative of such Subscribing Organization with authority to bind such organization, which shall abide by and comply with these Terms of Service, and you so agree on behalf of such Subscribing Organization.
5.6 To delete your account on SmarTrader website: if you wish to terminate your activity in SmarTrader and permanently delete your account and user details, you have the right to request SmarTrader Support team to delete your account and all data associated with it, by email to firstname.lastname@example.org or via our chat. The data you provided in SmarTrader during the period of your activity will be deleted along with your account permanently.
5.7 Restriction on Use Relating to SmarTrader Content: Except as expressly permitted herein, the rights granted to you hereunder do not grant you any of the following: (a) rights to promotional use of the SmarTrader Content for personal use, (b) rights to enter into agreements with any revenue generating broadcast system (terrestrial, satellite, cable and/or other distribution channels), (c) rights to distribute or redistribute the SmarTrader Content in streaming applications (via the Internet, intranets and/or other networks), (d) rights to distribute to others the SmarTrader Content on other content distribution systems on physical media (compact discs, digital versatile discs, USB, hard drives, memory cards and the like), or commercial use, sale, resale, reproduction, distribution or promotional rights for any purpose whatsoever. Your failure to comply with any of these restrictions may not be circumvented except to the extent permitted by applicable law. If you are in possession or control of SmarTrader content, it is your responsibility not to lose, destroy or damage such content.
- Fees and billing
6.1 Payment Agreement: All users of the Service must first agree to these Terms of Service. You agree to pay all charges for products and services purchased through your SmarTrader Account in accordance with the charges and terms of purchase effective at the time payment is due.
When you purchase any of our plans you can only choose to pay the associated upfront and automatic billing charges each month. If at any time you wish to cancel the service, you must first unsubscribe, and your charges will be suspended.
6.2 Termination: Company reserves the right to terminate your SmarTrader account and/or your access to the Service if you violate the foregoing Terms. If your subscription to the Service is terminated, any fees or charges incurred prior to such termination will not be refundable.
6.3 Bank and Credit Card Transactions: During the registration process you may be asked to provide information about your credit card or bank account (your "payment instrument"). As a user of the Service, you agree to have your credit card charged or your bank account debited, applicable fees, as well as any sales tax and any other charges you incur in connection with your use of the Service, without further notice or consent. All information you provide in connection with the Service must be accurate, current and complete. YOU WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT INSTRUMENT(S) YOU HAVE USED TO MAKE PURCHASES OF SMARTRADER SERVICES.
6.4 You agree to maintain adequate funds in your payment instrument in order to satisfy any amounts you may owe the Company. In addition, you are responsible for maintaining the confidentiality of your SmarTrader account and will be responsible for any charges incurred by any other person through such account. All charges will be billed to the payment instrument you designate the first time you make a purchase or incur a charge on the Service. Any bank fees or charges reflected on your payment instrument by your financial or credit institution are your responsibility. If your billing information changes, you must update such information by contacting an advisor or representative of the Company, using the chat on the website or through our support email email@example.com.
6.6 Transaction Taxes: Purchases on the Service may include sales tax or value added tax (where applicable) or bank transaction fees, and these taxes or fees will be based on the best available information about your tax address. In such cases, the tax rate in effect at the time purchases are made on the Service, will apply. If the tax rate applicable to sales changes before the applicable purchases are finalized, the new tax rate in effect at the time the purchase is made on the Service will apply. Other product and service limitations and disclaimers may apply. You will be solely responsible for payment of all such taxes.
6.7 Right to change prices: All prices related to the Service are subject to change by the Company at any time by e-mailing prior notice, which will be notified to the e-mail address you provided at the time of registration. From the message you will have 15 calendar days to unsubscribe from the service if you do not wish to incur the amount notified.
6.8 Free Trials or Other Promotions: Any free trial of the Service, or other promotional activity that Company may make available to you, must be used during the time period specified for the trial. At the end of this period, your use of the Service will expire, and any further use of the Service is prohibited unless you cancel the applicable charges.
- Specific Notifications
As a user of SmarTrader services, please note the following:
7.2 Accuracy of Information: You represent and warrant that all information (including Registration Information and responses to polls and surveys) you provide to the Company is accurate, complete and current, and you agree to update such information as necessary. You also agree that any information provided by you to the Company will not violate any law or regulation or infringe the rights of any third party.
7.3 Risk of Use: SmarTrader shall assume no responsibility and shall not be liable for any damages to or viruses that cause any damage to your computer or other property as a result of accessing, using, downloading or browsing our service.
- Intellectual property
8.1 Copyright: The SmarTrader Content is protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Content is licensed, not sold. You may not make unauthorized copies or use any of the Content except as specified herein and in accordance with applicable law. All title and copyrights in and to the Content and the Service (including, without limitation, images, illustrations, graphics, photographs, animations, video, audio, music, text, scripts, files, URL's, documents and interactive features included in or available through the Service), are owned by the Company. You agree to comply with all applicable copyright laws in connection with your use of the Service and content. In addition to the provisions of these Terms of Service, the Company may take appropriate measures to protect copyrights in content.
8.2 Trademark: You may not use our trademark, nor may you copy, display or use any of the trademarks without the prior written permission of the owner. Any unauthorized use may violate trademark laws, the laws of privacy and publicity, as well as civil or criminal laws.
8.3 Company's Rights Regarding Materials You Post: By posting messages, opinions, entering data or engaging in any other form of communication through the Service (if permitted by the Company) or through the Company's official social networks, you represent that you have all rights to post such materials, that such materials do not violate the rights of any third party, and that you agree that the Company may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service and/or respond to any legal requirements, demands or threats. If the Company's use of such content involves any proprietary rights you may have in such material, you agree that the Company has an unrestricted, royalty-free, non-exclusive, perpetual right to use this content throughout the world. You agree that any loss or damage of any kind incurred as a result of the use of any message, content or material you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility. Likewise, you are solely responsible for monitoring and protecting the intellectual property rights that may belong to you on those publications that you post on social networks, including but not limited to messages, texts, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content and/or other elements. The Company does not have or accept any liability on your behalf.
8.4 Action for Infringement of Intellectual Property Rights: If the Company receives notice alleging that you have engaged in conduct that violates any of the Company's intellectual property rights, the Company may suspend or terminate your access to the Service, without notice to you. If the Company acts under this Section, the Company will have no liability to you, including for any amounts you have previously paid or any credits you have on the Service.
Likewise, you are solely responsible for monitoring and protecting the intellectual property rights that may belong to you on those publications that you post on social networks, including but not limited to messages, texts, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content and/or other elements. The Company does not have or accept any liability on your behalf.
- Standard Terms
9.1 Remedies: You agree that any unauthorized use of the Service and any technology contained therein may cause irreparable injury to the Company for which monetary damages would not be sufficient. Therefore, in such event, the Company shall be entitled, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use. Nothing contained in this Section or elsewhere in these Terms of Service shall be construed to limit the remedies available pursuant to legal or other claims that the Company may have under independent legal authority. You understand and agree that termination of your SmarTrader account is your sole right and remedy with respect to any dispute with the Company.
9.2 Indemnification: You agree to hold the Company harmless from and against any and all claims, losses, damages, liabilities, deficiencies, judgments, liens, penalties, fines, and other expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, or any breach by you of these Terms of Service, and agree to reimburse the Company, upon request, for any losses, costs or expenses incurred by you on account thereof.
9.3 Term and Termination: The term of these Terms of Service will remain in effect until terminated as described herein. These Terms of Service and your rights to access, download and use the Service are subject to immediate termination, without notice, (a) if you breach (or Company reasonably suspects that you have breached) any provision of these Terms of Service, or (b) upon Company's discontinuance of dissemination or support of the Service. If such termination without notice is expressly prohibited by applicable law, then such termination will occur upon notice of any such breach. Upon termination, you must stop using the Service, completely. If the Company terminates these Terms of Service or suspends your SmarTrader Account for any of the reasons set forth in these Terms of Service, the Company shall have no obligation or liability to you and will not refund any amounts previously paid by you.
- Disclaimers and Limitations of Liability:
You agree that use of the service is at your sole risk and knowledge that it and any items contained therein, including products or advertisements are provided on an "as is" and "as available" basis. SmarTrader makes no warranty of any kind, express or implied to the service, including but not limited to merchantability, non-infringement, title, or fitness for any particular purpose. SmarTrader makes no representations about the likelihood or profitability in the use of the services. SmarTrader does not warrant that the service is compatible with your equipment or that the service or email sent by SmarTrader or any representative, is free of errors and viruses, or any corrupted files. SmarTrader is not responsible for any damages you may suffer as a result of any such files. You agree that SmarTrader and its suppliers, administrators, members, agents and employees shall have no liability for: any injury or damage, whether caused by SmarTrader's negligence or otherwise arising in connection with the service and shall not be liable for any lost profits, punitive, incidental or consequential damages.
No claim will be made against SmarTrader for any failure, inaccuracy, omission, or delay caused by your equipment. You acknowledge that: (I) the service is provided for informational purposes only and is not intended for negotiation purposes; (II) the service may include information taken from stock exchanges and other sources around the world; (III) SmarTrader does NOT guarantee the sequence, accuracy or continuation of the service; (IV) none of the information contained in this web site constitutes a solicitation, offer, opinion or recommendation by SmarTrader to buy or sell any asset or to provide any legal, tax, accounting or investment advice; (V) the information provided on this web site is not intended for use or distribution to any person or entity in any jurisdiction or country in which the use or distribution of this information would be contrary to its laws and regulations. SmarTrader shall not be liable directly or indirectly and in no way to you or any other person for: (I) inaccuracies or errors in or omissions from the service, but not limited to quotes and financial data; (II) delays, errors or interruptions in the transmission or delivery of the service; (III) loss or damage occasioned for any reason whatsoever.
10.1 The company does not guarantee that the service is compatible with any mobile device, you are solely responsible for ensuring that your systems work properly with the service; and unless the company instructs you otherwise.
10.2 The service may contain views, advice, statements and opinions, which represent the opinions, advice, and statements of mentors and/or professionals who are part of SmarTrader Inc. The company does not obligate you to follow the advice or other information provided by such authors. If you make a decision to purchase our services, your decision to do so is your own and your reliance on such views, opinions, advice, statements or other information is at your own risk.
10.3 Some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so such exclusions or limitations may not apply to you. To the extent that in any particular circumstance, any statutory disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, in lieu of the provisions hereof in such particular circumstance, the Company shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law and in equity by such applicable law in such particular circumstance. In no event shall such damages or the Company's total liability exceed the charges paid by you in the last 12 months.
10.4 Company's right to change these Terms of Service: Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service at any time, without prior notice to you. All changes will be effective immediately. In the event of any material change, we will use commercially reasonable efforts to notify you and obtain your consent prior to implementing such changes. We recommend that you check these Terms of Service periodically for changes. Your continued use of the Service following the posting of such changes constitutes acceptance of those changes.
10.5 Company's Right to Make Changes to the Service: The Company may add, change, terminate, remove or suspend any material incorporated into the Service, including features, prices and specifications of the products described or reviewed in the Service, temporarily or permanently, at any time, without notice and without liability.
10.6 Accuracy of Materials: The materials appearing on SmarTrader's web site could include technical, typographical, or photographic errors. SmarTrader does not warrant that any of the materials on its website are accurate, complete or current.
10.7 Governing Law and Venue: These Terms of Service and your use of the Service shall be governed in accordance with the laws of the State of California. You agree that any claim or dispute with the Company or arising out of or relating to these Terms of Service, the Service or your use of any of these Terms of Service shall be brought in an appropriate state or federal court located in the State of Delaware. You agree to submit to the exclusive jurisdiction and venue of these courts and waive any objection as to the jurisdiction, venue or inconvenient forum of such courts. The parties shall not raise a dispute in connection therewith, and hereby waive trial by jury and/or any defense on the grounds of venue, improper venue, lack of personal jurisdiction, sufficiency of service of process or other similar grounds in any such action or litigation. To the extent permitted by law, the provisions of these Terms of Service shall supersede the provisions of the Uniform Commercial Code and the Uniform Electronic Transactions Act adopting or applying to the Service in any competent jurisdiction.
If you have any questions or comments about these Terms of Service, please email us at firstname.lastname@example.org and we will respond as soon as possible.