Acceptance of the Terms of Use
These terms of use are entered into by and between you and „Smart Trading Software“ OOD, a limited liability company, organized and existing under the laws of Bulgaria, registered with the Commercial Registry at the Registry Agency of Republic of Bulgaria, under Unique Identification Code: 206165459, ("Company", "we", “our”, or "us").
The following, together with any documents, disclaimers, policies, web pages, or other writing incorporated by reference ("Terms of Use"), govern your access to and use of smarttradingsoftware.com (“Website”), any content, functionality and services offered on or through Website, associated products and services, or other software offered by the Company directly or through third-party affiliates, and all instances of incorporation of these terms whether explicit or implicit, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, our User Agreement, and any and all associated terms and conditions which are hereby incorporated by reference. Further, you expressly acknowledge and agree that you have read and agreed to our General Disclaimer. If you do not want to agree to these Terms of Use and incorporated documents, you must not access or use the Website.
This Website is offered and available only to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Website. You are solely responsible for acquiring and maintaining the necessary tools, devices, and other infrastructure to access the Website.
Changes to the Terms of Use
We may revise, update, and otherwise change these Terms of Use in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website after such time as the update is posted.
Your use of the Website following the posting of revised Terms of Use shall constitute you agreeing and accepting the Terms of Use in their entirety. You should check this page each time you access this Website, so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including, but not limited to, registered users.
Your responsibilities include but are not limited to making all arrangements necessary for you to have access to the Website (i.e. purchasing internet access, ensuring a properly set-up computer, etc.) and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or related features you may be asked to provide your name, address, phone number, email, or other information. It is a required condition of your use of the Website that any and all information you provide on the Website is correct, current and complete. You agree, represent, and warrant that all information you provide to access this Website register your account, or otherwise provide to us, including but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our policies.
If you choose, create, or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular care when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, other identifier, or other access method whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Company is the owner and/or authorized user of all trademarks, service marks, design, marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Website, unless otherwise indicated. All information, text, material, graphics, software and advertisements on the Website are the copyright of the Company, its suppliers and licensors unless expressly indicated otherwise by the Company.
Except as provided in the Terms of Use, use of the Website does not grant you any right, title, interest or license to any intellectual property you may access on the Website. We own the rights, or have permission to use, the trademarks listed on our Website.
These Terms of Use permit you to use the Website for your personal, non-commercial use only except as otherwise permitted by us.
You must not modify any materials from this Website, whether originals or copies, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Payment
By ordering any subscription of Website you confirm that you authorize us to automatically charge your credit card, bank card or PayPal account. Payment may be due for use of this Website, or related products and services. Payment terms will be described under each product and service on the Website, in these Terms of Use, in an applicable customer contract, invoice, checkout page, or on another written instrument for each product or service. To ensure your continued access to the Website, please ensure that you comply with any and all payment terms as described. Company reserves the right to terminate your access to Website in the event of your failure to comply with any payment terms. To the extent that this section Payment Terms conflicts with any payment terms listed elsewhere, the listed payment terms shall govern.
By purchasing our products and providing payment account information, you agree to these payment terms and conditions. If you purchase our products under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you purchase the product or service that is subject to the promotion. Fees are non-refundable except as required by law or as explicitly set forth herein. You will pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, you authorize us to charge such fees using your selected payment method.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with the Terms of Use. You agree not to use the Website, directly or indirectly, for any purpose which indirectly or directly causes harm, irritation, damage, violates the law, generates spam, is offensive, defrauds, interferes with, or otherwise negatively impacts us, our affiliates, our Website, or any other party. This includes, but is not limited to, the distribution of computer viruses, DDoS attacks, and fraudulent emails. We reserve the right to determine, at our sole discretion, if an action using our Website is prohibited and take any and all remedy we deem appropriate.
Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices, disclosures, or other written instruments intended to convey certain information (collectively, “Communications”) that are provided in connection with your use of the Website and your use of our services. Communications include but are not limited to:
⟩ Copies of agreements you have signed;
⟩ Transaction receipts or confirmations; and
⟩ Any other information pertaining to our relationship with you or the product you purchased.
We will provide these Communications to you by posting them and/or by emailing them to you at the email provided by you in any contact information you provide.
Reliance on Information Posted
The information presented on, about, or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators and other services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of goods, services, or information formed through the Website or as a result of visits made by you are governed by our terms and conditions (as applicable) which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to the Website and Social Media Features
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in Republic of Bulgaria. We make no claims that the Website or any of its content is accessible or appropriate outside of Republic of Bulgaria. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Republic of Bulgaria, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or other such amounts incurred arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
General Legal Provisions
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of Republic of Bulgaria without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the national courts, located in Sofia, Republic of Bulgaria. You waive any and all objections or defenses of personal or other jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable that provision shall be modified to mostly closely resemble the intent of the parties while becoming enforceable and the remaining provisions shall remain in full effect. If such a provision cannot be modified, it shall be stricken and deemed as if never having been a part of these Terms of Use and the remaining provisions shall remain in full effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and other documents referenced herein constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Headings
Headings are solely for convenience and shall convey no legal right or obligation.
Interpretation
Ambiguity shall not be construed in favor of the non-drafting party. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable.