Terms of Provision of Additional Software and Additional Services in the
Trading Terminal
Effective as of 10 May 2023
1. Pursuant to the terms and procedures set forth in this Terms of provision
of additional software and additional services in the Trading Terminal (hereinafter
referred to as the “Terms”) and the Service Agreement the Client is entitled
to acquire legal rights to use additional software and microcode software integrated
into the Company’s Trading Terminal, including all the updates and upgrades,
that is considered as standalone Company’s software or software of partners of
Company’s, as well as acquire legal rights to use digital content of the Company
or its partners, including, but not limited to, informational and educational
materials, graphic images, audiovisual works, and analytical data (hereinafter
referred to as the “Additional functionality”).
2. Additional functionality is provided for the Client for a fee or
free of charge. The amount to be charged for the right to use the Additional
functionality is set out at the sole discretion of the Company and is displayed,
including the description of the Additional functionality, in the Trading Terminal.
The Company reserves the right at any time on a unilateral basis to reconsider
the amount of the fee for the provision of the Additional functionality, to change
the content of the rendered Additional functionality via, inter alia, its' updating,
and to discontinue the maintenance and access to the Additional functionality.
3. The Client acquires a simple (non-exclusive) license to the usage
of the Additional functionality. The term of this non-exclusive license is determined
in accordance with the Terms hereof.
4. Unless otherwise specified herein and does not arise from the nature
of the Parties’ relationship, the Client may use the non-exclusive license throughout
the territory of the registration country.
5. Unless otherwise specified herein and (or) is not displayed in the
Trading Terminal, the Client’s rights to the usage of the Additional functionality
are provided on a fee basis for 30 (Thirty) calendar days on the Auto-Renewable
Subscription model. The Auto-Renewable Subscription implies automatically renewal
of rights to the usage of the Additional functionality and debiting the Client’s
funds in the form of a 100% advance payment for the next 30 calendar days of
its usage. The Client has the right to cancel the Auto-Renewable Subscription
for an unpaid period via the program interface at least two days before the end
of the paid period via the personal account. The funds for the paid subscription
period are non-refundable if such paid period is less than or equal to 30 (Thirty)
calendar days.
6. If the paid period of the Auto-Renewable Subscription exceeds 30
(Thirty) calendar days, the refund is to be made only for the period exceeding
30 (Thirty) calendar days. The calculation of the paid period of the Auto-Renewable
Subscription and the funds to be refunded is made on the date of submission of
the corresponding Client’s request to cancel the Auto-Renewable Subscription.
The refund is made by contacting the Company’s client support service the Client.
The exact amount of funds to be refunded is determined by the Company on a unilateral
basis.
7. The Company has the right at its sole discretion to set other terms
for the Auto-Renewable Subscription and/or provide other possibilities for the
usage of the Additional functionality on a fee basis (for example, via purchases).
8. The Company has the right at its sole discretion to unilaterally
impose restrictions on the usage of the Additional functionality by the Client
and (or) refuse in its further provision if the Client violates the terms of
the Service Agreement, as well as in other cases when the Client abuses of functions
of the Additional functionality. In case of termination of the provision of Additional
functionality by the Company due to the circumstances provided for in this clause,
the refund procedure, if applicable, is determined by the Company unilaterally,
taking into account the nature and extent of the Client's infringement of the
Service Agreement, as well as taking into account the remaining period of use
of the Additional functionality paid by the Client.
9. The right to the usage of the Additional functionality is deemed
to be provided for the Client from the moment the respective functionality
is integrated in the interface of the Trading Terminal. In case of necessity
to make a payment for the provision of the right to use the Additional
functionality, such right shall be deemed to be provided for the Client on
or after the date of making the corresponding payment by the Client.
10. Unless otherwise specified in the Terms, the Service Agreement or
the corresponding terms and conditions in the Trading Terminal, the fee for the
provision of the right to use the Additional functionality is to be withdrawn
using the payment methods offered by the Company. If the Client’s transactions
for the purchase of the Additional functionality are made through mobile apps,
the Company offers to its users to pay for the Additional functionality through
in-app purchases in mobile apps. The Company may change the terms and procedures
of payment on a unilateral basis.
11. The payment shall be made in the form of 100 % (hundred percent)
advance payment from the fee for the provision of the right to use the Additional
functionality.
12. In case of repudiation of the Service Agreement between the Company
and the Client for any ground of such repudiation whatsoever that results in
the termination of the Client’s right to use the Trading Terminal, the Client
also forfeits the right to use the Additional functionality. With regard to the
aforesaid, the payment for the provision of the right to use the Additional functionality
is non-refundable.
13. The user may use the Additional functionality for his or her personal
use only and is not entitled to transfer the rights to the usage of the Additional
functionality to third parties.
14. In the event the Company reveals that the Client acquires the rights
to use the Additional functionality from third parties or confers such rights
to third parties, the Company may at its sole discretion suspend, limit or discontinue
the Client’s right of the usage of the Additional functionality and (or) the
Trading Terminal, and repudiate the Service Agreement on a unilateral basis without
returning the fee for the usage of the Additional functionality.
15. The Company shall not be liable for possible illegal actions of
the Client making payment for the right to use the Additional functionality.
The Company reserves the right to suspend or discontinue the Client’s right to
use the Additional functionality unilaterally on suspicion of the Client’s illegal
actions all the way up to the clarification of the circumstances, unless otherwise
specifically provided for in the governing law.
16. In the event the Company has sufficient grounds to believe that
the Client takes actions contrary to the law while making a payment, the Company
may provide the respective information for the law enforcement agencies to conduct
an inspection concerning this fact.
17. The rights to the usage of the Additional functionality are granted
to the Client through his or her personal account in the Trading Terminal.
18. The Company may at its sole discretion restrict the use of the Additional
functionality in certain countries if such restrictions are required by the applicable
law.
19. The Company takes all reasonable measures to ensure the continuity
of the services and the purchased Additional functionality but does not assume
any obligations and does not guarantee to the Client the uninterrupted and error-free
operation of the services and the Additional functionality.
20. The Company is not liable to the Client for direct, indirect, or
other possible losses incurred by the Client due to interruptions in the operation
of the Additional functionality.
21. The Client confirms that the Additional functionality provided
by the Company is not a recommendation for investment and trading. The
Client takes all the decisions on entering into trading operations at his or
her sole discretion and under no circumstances the Company is liable for
direct, indirect, or other possible losses incurred by the Client in
connection with the information provided to the Client through the
Additional functionality.
22. In any case the amount of all possible losses that the Company
is obliged to pay to the Client cannot exceed the cost of all the
subscriptions paid by the Client for six months.
23. User content. The Company may, at its sole discretion, buy out the
Additional functionality features created by the Clients (users). The amount
of remuneration of the Client is 70% of the payments received from other clients
for purchasing the Client's Additional Functionality feature. The remuneration,
if any, is credited to the Client's trading account within 10 business days upon
expiration of each calendar month. The Client understands and acknowledges that
by publishing its Additional Functionality features he transfers all the exclusive
rights to the relevant Additional functionality feature to the Company. For the
avoidance of doubt, transfer of the exclusive rights should not be deemed conditional
upon payment of any remuneration hereunder. The Client understands and acknowledges
that he can receive no remuneration at all if the Company declines publishing
the Additional Functionality feature developed by the Client and/or if other
clients of the Company do not purchase the Additional Functionality feature developed
by the Client.
24. All other matters that are not covered by these Terms shall be governed
by the provisions of the Service Agreement.