This User Agreement (the “Agreement” or “User Agreement”), including terms and conditions relating to your use of the services, offered by „Smart Trading Software“ OOD, a limited liability company, organised 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, (“Smart Trading Software”, “Company”, “we”, “us” or “our”). The main business of Smart Trading Software is the provision of services via an online platform smarttradingsofware.com (“Website” or “Platform”). When we refer to "you" and "your" we mean a registered user or a visitor to our Platform.
If you decide to download some of our software from the Website, then the terms and conditions contained within this Agreement (to the extent applicable) apply to you and by downloading the Software you accept this Agreement and agree to abide by the terms and conditions therein. If you are a visitor of our Website, our Privacy Policy and the Website Terms of Use shall also apply.
If you are accepted as our client, this Agreement together with the terms of the Terms of Use, Privacy and Cookie Policy and the General Disclaimer, which are found on our Website constitute a legally binding contract between us. Therefore, you are strongly advised to read carefully all the documents making up the User Agreement and any other notices, letters or documents that we shall send you.
Communication between us will be carried out by electronic means, thus the account information you provide to us will be deemed to individualize your electronic signature. By giving your consent by electronic means you sign the Agreement and we agree the electronic signature to have the effect of a handwritten signature in our relationship.
You agree that we can vary the User Agreement from time to time. This will normally be in response to a change in legislative or regulatory requirements (such as the imposition of a ban on certain short positions or new disclosure requirements) or a change in internal policy.
You will be notified of a variation to the User Agreement through an electronic notification message on the Platform. After such notification, you are free to accept the variation and continue using the Platform or reject the variation and discontinue your use of the Platform. Your express acceptance of the revised Agreement by clicking on the "Continue", "Accept" or a similar icon or using the relevant link. Your continued use of the Product shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement.
This is our standard User Agreement which we intend to rely on to govern our relationship with you. For your own benefit and protection, you should read the terms carefully before agreeing to them. If you don’t understand any point in any of the documents making up the User Agreement, please ask for further information.
Risks
Trading with financial instruments carries a high level of risk, and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. No information or opinion contained on this site should be taken as a solicitation or offer to buy or sell any currency, equity or other financial instruments or services. Past performance is no indication or guarantee of future performance.
Any product purchased from Smart Trading Software should be carefully considered by you and a financial professional. Automated trading programs carry a particularly high risk due to their ungoverned nature. Any losses or gains made with one of these programs is your own responsibility. Smart Trading Software takes no responsibility for any losses incurred or any malfunctions of the software on your account. Money lost by a program created or recommended by Smart Trading Software will not be refunded, as we are not liable for the transactions made in your accounts.
Decisions to buy, sell, hold or trade in securities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and the ability to bear financial risks.
All content and services presented through the Website is done so for informational and educational purposes only. The Company takes great care in ensuring the accuracy of all information presented through the Website, however, the Company accepts no liability in this respect. Users should be aware that content on Website is subject to change without notice.
Opinions/Analysis/Signals expressed at Website are those of the individual authors and do not necessarily represent the opinion of the Company or its management. Company has not verified the accuracy or basis-in-fact of any claim or statement made by any independent author. The Company will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on information contained on this site. Past performance is no indication or guarantee of future performance.
A further detailed explanation of the risks associated with trading of financial instruments is set out in the General Risk Disclaimer Notice which can be found by clicking on the General Disclaimer on the Website.
You are responsible for your decisions
We do not and will not provide any advice in relation to a transaction, your portfolio or trading strategy. This means that we will not make personal recommendations or advise on the merits of purchasing, selling, or otherwise dealing in particular investments or executing particular transactions, any tax consequences or the composition of any account or any other rights or obligations attaching to such investments or transactions. Therefore, you must rely on your own judgment in deciding to enter into or close a transaction. We do not act as counterparty (which means the other side) to the transaction.
Termination
Term. This Agreement shall become effective as of the Effective Date (upon acceptance by you) and shall remain effective until terminated by either party as set out below. Any additional terms and conditions shall become effective as of the date upon which they are accepted by you or your use of the relevant Smart Trading Software software or service, and will remain effective until terminated by either you or Smart Trading Software in accordance with the provisions specified herein.
Termination. You may terminate this Agreement at any time. Without limiting other remedies, Smart Trading Software shall limit, suspend, or terminate this product license and use of our software, prohibit access to our Website and delete your user account and/or login, with immediate effect, automatically and without recourse to the courts, if Smart Trading Software reasonably believes that you are in breach of this Agreement, causing potential legal liabilities against Smart Trading Software, engaging in fraudulent, immoral or illegal and unlawful activities, or for other similar reasons.
Consequences of Termination. Upon termination of this Agreement: (a) the License and rights to use the product, program or software shall immediately terminate; (b) you must immediately cease any and all use of our software; and (c) You must immediately remove the Product and software from all hard drives, servers and other storage media and destroy all copies of our software in your possession or under your control.
DEFINITIONS
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“account” |
means a unique username and password used by you to access and use the Platform |
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“Authorised Person” |
means you or any of your officers, partners, principals or employees |
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“the Company” |
Smart Trading Software |
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“Force Majeure Event” |
means the existence of an emergency or an exceptional market condition, including without limitation, the events set forth in Section 7.1 |
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"Intellectual Property Rights" |
means patents, trademarks, service marks, logos, get-up, trade names, internet domain names, rights in designs, copyright (including rights in computer Software), database rights, semi-conductor topography rights, utility models, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for registration, and all other rights or forms of protection having equivalent or similar effect anywhere in the world |
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"Privacy Policy" |
means our privacy policy which can be found on the Website |
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“Registration Data” |
means certain personal and financial information that you are required to provide in order to download and use the Platform including account credentials, such information can include a copy of your passport, driving licence and/or Photo identity card, etc. |
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"software" |
means any program or software which is provided on the Website |
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“Third Party Software” |
means software provided by third parties embedded or used in the Platform |
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“Third Party Software Licences” |
means licences from third parties governing Third Party Software embedded or used in the Trading Platform |
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“Website” |
means smarttradingssoftware.com or such country specific equivalent |
1. RESTRICTIONS ON USE OF THE SOFTWARE
⇒ The software is not intended for distribution to, or use by, any person:
⟩ who is under the age of 18 years old or is not of legal competence or of sound mind;
⟩ who resides in any country where such distribution or use would be contrary to local law or regulation. The software and any other service provided by us is not available to persons residing in any country where using such software or other such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject;
⇒ Without derogating from the above, you agree that we may, acting reasonably, suspend and/or refuse access to or the use of the software to anyone.
2. ACCESS TO AND LICENSE TO USE THE SOFTWARE
⇒ You shall promptly inform us of any breaches or potential breaches of the User Agreement by you. Absent of such notifications any transactions may be voidable at our reasonable discretion.
⇒ Subject to the terms and conditions of this User Agreement, we hereby grant you a licence to install and use the software, solely for your personal use and benefit in accordance with the terms of the User Agreement. Should the User Agreement be terminated for any reason, the licence will be revoked automatically and the software must no longer be used.
⇒ If any third party software is included within the software, then such third party software shall be provided subject to the terms of this User Agreement. You shall fully comply with the terms of any third party software licences that we provide you with from time to time. Please note that we do not provide support for third party software or information provided thereon.
⇒ We reserve any and all rights to the software not expressly granted to you by this User Agreement. All rights to the software are licensed to you by us and not sold. All rights to the software shall remain the property of Smart Trading Software. Except for the licence expressly granted to you under this Section, no other Intellectual Property Right in the software or any part thereof is granted or conveyed to you.
⇒ It is your responsibility to have in place and maintain in proper working order the appropriate computer hardware, operating system, sufficient back up means, appropriate virus protection/security checks, and any relevant software to prevent damage and/or unauthorised access to the software.
⇒ Please inform us if you encounter any problems with the software, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the software based upon your suggestions. Any modifications, design changes and improvements made to the software based on your feedback shall be the undisputed sole property of Smart Trading Software.
⇒ We will use our best endeavours to deliver the software with reasonable skill and care.
⇒ From time to time, acting reasonably, we shall have the right to add to, modify, or remove any of the software without liability under this User Agreement and if we do so we shall use reasonable endeavours to replace any part of the software with an equivalent where practicable. You agree to accept such modification(s) or updates.
⇒ You agree, and we make no express or implied representation:
⟩ that the software will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the software may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
⟩ that the operation, quality or functionality of the software will meet your specific standards or any other standards;
⟩ that the software will be free of errors or defects; and
⟩ that the software is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property.
⇒ You agree that you:
⟩ may only use the software for so long as you are authorised to do so under the terms of the licence granted in section 2.2 above;
⟩ may not use the software for any purpose other than for the purpose for which it has been provided under this User Agreement; and
⟩ are responsible for all transactions with financial instruments effected by you and that you shall not have any right to hold us responsible for any loss/gain with respect to the use of the software.
⇒ You agree not to either intentionally, recklessly, negligently or otherwise:
⟩ use the software for unlawful purposes;
⟩ (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) knowingly or negligently transmitting files that may contain malicious content capable of interfering in any way with the operation of the Website;
⟩ attempt to gain unauthorised access to our computer system or the computer system(s) of any other user, or to parts of the Website to which you do not have access rights;
⟩ convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
⟩ carry out any commercial business on the Website;
⟩ knowingly or negligently upload or download files that contain Software or other intellectual property unless you own or control the rights thereto or have received all necessary consents; or
⟩ falsify the origin or source of any content or other material.
⇒ The use of and access to the Website and software may not be permitted or may be blocked in some countries and jurisdictions. It is your responsibility to verify that you are permitted to use and access the Website and software according to the jurisdiction of your domicile or any country in which you may be located. Should you try to access the Website and software from a country other than your country of registration it is possible that access will not be permitted and you will be unable to access the Website and software.
3. ACCOUNT CREDENTIALS
⇒ When you first access the services on the Website you will be asked to enter your account details (username and password) to access the Website, which are confidential and shall be used solely by you.
⇒ You:
⟩ are responsible for ensuring that your account details remain confidential and ensuring they cannot be used by any person other than you; and
⟩ must notify us immediately if you become aware that your account have in any way become compromised or if any third party may be able to access the Platform.
⇒ If we believe that there is likely to be a breach of security, we may require you to change your account details or suspend your access to the Platform. We reserve the right and you agree that we can edit, amend or issue you with new account details or require a change of your account details at any time by giving notice to you.
⇒ You are responsible for ensuring that you alone control access to your account, and that no person who is under the age of 18 years old or other person is granted access to the Platform using your account due to your negligence or otherwise.
4. INTELLECTUAL PROPERTY RIGHTS
⇒ You acknowledge that all Intellectual Property Rights in the Platform are owned by us or our licensors.
⇒ You agree that you will not:
⟩ copy, record, translate or amend any of the Platform, or any part of it;
⟩ reverse engineer, disassemble or otherwise attempt to derive source code for the Platform in whole or in part except to the extent expressly permitted by law; and
⟩ in any manner damage or impair any of our Intellectual Property Rights. You shall use your best efforts to protect our Intellectual Property Rights from infringement by third parties.
⇒ The Platform, all copies and any derivative works thereof (by whoever created), the associated goodwill and any Intellectual Property Rights in the Platform, are and shall remain owned solely by us or our licensors. Except for the licence granted in Section 2.2, no other licence, right, or interest in any goodwill or Intellectual Property Right in the Platform or any part or derivative work thereof is granted or conveyed to you.
⇒ Unless expressly permitted in this User Agreement, you shall not:
⟩ transfer, distribute or share the Platform or any rights thereto under the User Agreement;
⟩ separate any part of the Platform, or separately use any part thereof on any equipment, hardware or system whatsoever;
⟩ copy the Platform or any parts thereof;
⟩ copy remove or destroy any banners, logos or marks placed upon or contained within the Platform;
⟩ enable unauthorised parties to use the Platform;
⟩ attempt to reconstruct or discover any computer code, underlying ideas, or computer programming of the Platform by any means whatsoever;
⟩ allow others to use the Platform for the benefit of third parties;
⟩ work around any technical limitations in the Platform, or use any tool to enable features or functionalities that are otherwise disabled in the Platform;
⟩ use similar processes and functions to develop competing features or functions with the Platform; or
⟩ use the Platform or any data to conduct any fraudulent, inappropriate or illegal activities, including without limitation deceptive impersonation.
5. CONFIDENTIALITY
The obligations on Smart Trading Software relating to client confidentiality as set out in our Privacy and Cookie Policy shall not apply to information which any party is required to disclose by law, or by any court of competent jurisdiction, any government agency or regulatory body lawfully requesting the same provided that (to the extent not prohibited by law or by order of court, government agency or regulatory body) you promptly notify and consult with us in advance in relation to the timing and content of such disclosure.
6. PRIVACY AND COOKIE POLICY
We collect and use your personal data in accordance with our Privacy and Cookie Policy which forms part of the User Agreement and is available on our Website. In entering into this User Agreement, you are providing us with personal information within the meaning of the Bulgarian Personal Data Protection Act and the EU General Data Protection Regulation (“GDPR”) which is applicable as of 25 May 2018. By entering into this User Agreement, you consent to us in processing all such information for the purposes of performing our obligations under this User Agreement and for the purpose of administering the relationship between you and us. You agree we may share your personal information with third parties for these purposes and we may also use the information for analysis and improving our product and services in line with our Privacy and Cookie Policy.
7. FORCE MAJEURE EVENTS
⇒ We may, in our reasonable opinion, determine that a Force Majeure Event exists. A Force Majeure Event will include, the following:
⟩ any act, event or occurrence (including without limitation any strike, riot or civil unrest, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities and any other unforeseen or unavoidable events of an extraordinary nature which have occurred after the conclusion of this Agreement) that, prevents us from maintaining the services on the Platform.
⟩ the suspension or closure of any Exchange or the nationalisation, government sequestration, abandonment or failure of any Instrument on which we base, or to which we in any way relate, or quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event;
⟩ any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure;
⇒ You agree that we will not be liable in any way to you or to any other person in the event of a Force Majeure Event, the parties shall be released of all responsibilities for partial or full non-fulfilment, as well as for improper fulfilment of the obligations under this Agreement, if such non-fulfilment or improper fulfilment was a result of a Force Majeure Event, which occurred after the User Agreement was concluded.
8. THIRD PARTY RELATIONSHIPS
In cases where you are introduced to us through a third person such as an affiliate (“Affiliate”), you acknowledge that we are not bound by any separate agreements entered into between you and the Affiliate. It is also made clear that the Affiliates are not authorized by us to bind us in any way, to offer credit in our name, to offer guarantees against losses, to offer investment services or legal, investment or tax advice in our name or collect your money.
9. DISCLAIMER
⇒ We, specifically, do not warrant that:
⟩ the Platform will meet your individual requirements;
⟩ your equipment, software, and communication connections will be compatible with the hardware and software we employ to provide the services of the Platform;
⟩ the use of the Platform will be uninterrupted, secure or error-free;
⟩ we will be able to prevent third party disruptions of and to the operation of the Platform;
⟩ errors will be corrected in the Platform; or
⟩ we will detect every bug in the Platform.
10. ENTIRE AGREEMENT
The User Agreement sets out the entire agreement and understanding between the parties in respect of the matters dealt with in them. It supersedes any previous agreement or understanding between you and us in respect of their subject matter.
11. SEVERABILITY
If any provision of the User Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of the User Agreement which will remain in full force and effect.
12. NON EXCLUSIVITY
You acknowledge that we may provide the Platform to other parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
13. WAIVER
⇒ Any failure to exercise or any delay in exercising a right or remedy provided by the User Agreement or at law (and/or the continued performance of the User Agreement) will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver or a breach of any of the terms of the User Agreement will not constitute a waiver of any other breach and will not affect the other terms of the User Agreement.
⇒ The rights and remedies provided by the User Agreement are cumulative and (except as otherwise provided in the User Agreement) are not exclusive of any rights or remedies provided at law.
14. ASSIGNMENT
⇒ You may not assign or transfer any of your rights or delegate any of your obligations under the User Agreement, whether by operation of law or otherwise, either on a permanent or temporary basis to a third party without our prior written consent.
⇒ You acknowledge and agree that we may sell, transfer, assign or novate our rights or obligations under the User Agreement, in our sole discretion, to a successor of all or substantially all of our business or assets (in the event of merger or acquisition of the Company with a third party, reorganisation of the Company, winding up of the Company or sale or transfer of all or part of the business or the assets of the Company to a third party), without your prior written consent by providing a notice in writing within a reasonable time period. Subject to the foregoing, the User Agreement will bind and inure to the benefit of the parties and their respective successors, and is not intended to confer any other entity or person any rights or remedies hereunder.
⇒ You agree that in the event of transfer, assignment or novation, the Company shall have the right to disclose and/or transfer all Client Information (including without limitation personal data, recording, correspondence, due diligence and client identification documents, files and records) as required, with subject to providing prior Notice to the Client.
15. THIRD PARTY RIGHTS
Except as expressly provided elsewhere in this User Agreement, a person who is not a party to this agreement shall not have any rights to enforce any term of this User Agreement.
16. PRECEDENCE
In the event of a conflict between any of the provisions of the documents which make up the User Agreement, the terms of this User Agreement shall prevail.
17. GOVERNING LAW AND JURISDICTION
The interpretation, construction, effect and enforceability of the User Agreement shall be governed by the Laws of the Republic of Bulgaria, and you and we agree to submit to the exclusive jurisdiction of the courts of the Republic of Bulgaria for the determination of disputes.
18. LANGUAGE
⇒ The Company’s official language is the English language and the Client should always read and refer to the Website for all information and disclosures about the Company and its activities. Translation or information provided in languages other than English is for informational purposes only and do not bind the Company or have any legal effect whatsoever, the Company having no responsibility or liability regarding the correctness of the information therein.
⇒ The User Agreement is written in the English language and all correspondence, documents and communications between you and us shall be in English.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND YOUR RIGHTS AND OBLIGATIONS, AS WELL AS THE TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE "NEXT" or "ACCEPT" BUTTON AND (OR) CONTINUING TO INSTALL THE SOFTWARE OR USING THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT.