Terms of Service
Last Modified: July 25th, 2024
These Terms of Service (these “Terms”) constitute a binding contract between you (“you” or “your”) and Nostradeamus LLC (“Algo Alpha,” “we,” “our,” or “us”). These Terms govern your access to and use of Algo Alpha’s trading tools, available through our website at algoalphaco (our “Service”)
THESE TERMS TAKE EFFECT WHEN YOU CLICK THE “I ACCEPT” / “LEARN MORE” / “CLICK TO APPLY NOW” BUTTONS, ANY INDICATION OF “BUTTON BELOW” OR BY ACCESSING OR USING THE SERVICE (the “Effective Date”). BY CLICKING ON THE “I ACCEPT” / “LEARN MORE” / “CLICK TO APPLY NOW”BUTTON BELOW OR BY ACCESSING OR USING THE SERVICE YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO AGREE TO THESE TERMS, IF USING THE SERVICE ON BEHALF OF AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS; AND (D) YOU ARE NOT A PERSON WHO IS PROHIBITED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES, OR ANY OTHER APPLICABLE JURISDICTION.
IF YOU DO NOT ACCEPT THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
1. Definitions
2. Access and Use
If we believe you are misusing our Service or violating these Terms in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your use and access to our Service. If we block you from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Algo Alpha may (but has no obligation to) monitor the use of the Service. We may disclose any information necessary to satisfy our legal obligations, protect Algo Alpha or its customers, or operate the Service properly.
3. Customer Responsibilities
1. Acceptable Use Policy. The Service may not be used for unlawful, fraudulent, offensive, or obscene activity, or any other activity that Algo Alpha, in its sole discretion, determines is inappropriate. You will comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, terms, standards, and requirements that may be posted on Algo Alpha’s website from time to time.
2. Customer Warranty. You represent and warrant that you own all right, title, and interest, including all intellectual property rights, in and to Customer Data and that both the Customer Data and your use of the Service are in compliance with this Agreement.
3. License Use. You are responsible and liable for all uses of the Service and Documentation resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you. You shall use reasonable efforts to make all Authorized Users aware of this Agreement's provisions as applicable to such Authorized User's use of the Service and shall cause Authorized Users to comply with such provisions.
4. Customer Data. You hereby grant to Algo Alpha a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for Algo Alpha to provide the Service to you, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Customer Data incorporated within the Aggregated Statistics. You will ensure that Customer Data and any Authorized User's use of Customer Data will not violate any policy or terms referenced in or incorporated into this Agreement or any applicable law. You are solely responsible for the development, content, operation, maintenance, and use of Customer Data.
5. Passwords and Access Credentials. You are responsible for keeping your passwords and access credentials associated with the Service confidential. You will not sell or transfer them to any other person or entity. Algo Alpha has no liability for your credentials given you select the broker and set up accounts with third parties.
6. Fees and Payment. You shall pay Algo Alpha the fees as described on agloalpha.co (“Fees”) upfront and any ascension, upgrades or monthly payments within ten (10) days from the invoice date without offset or deduction. You shall make all payments hereunder in US dollars on or before the due date. If you fails to make any payment when due, without limiting Algo Alpha's other rights and remedies: (i) Algo Alpha may charge interest on the pAlgo Alpha due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; (ii) you shall reimburse Algo Alpha for all reasonable costs incurred by Algo Alpha in collecting any late payments or interest, including attorneys' fees, court costs, and collection agency fees; and (iii) if such failure continues for thirty (30) days or more, Algo Alpha may suspend your and all other Authorized Users' access to any portion or all of the Service until such amounts are paid in full. All Fees and other amounts payable by you under these Terms are exclusive of taxes and similar assessments. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on Algo Alpha's income.
7. Tax Compliance: Licensee acknowledges and agrees that it is solely responsible for complying with all applicable tax laws, regulations, reporting, and obligations arising from the use of the Product, including but not limited to any taxes relating to activities generated through the Product. Algo Alpha shall not be responsible for any tax liabilities incurred by Licensee. Failure to comply with tax obligations may result in penalties or legal consequences for which Licensee shall be solely liable. Licensee is encouraged to seek advice from a qualified tax professional or advisor regarding its specific tax obligations (if any) related to the use of the Product.
Monthly Maintenance Fees
You shall be responsible for paying maintenance fees to Algo Alpha monthly to maintain your account as designated by Algo Alpha. All fees are: (i) stated and payable in United States dollars; and (ii) non-refundable. Failure to pay the monthly maintenance fee will result in forfeiture of your license key and your Alpha Bot will no longer function. Licensing fee refunds will not be granted due to non-payment of the monthly maintenance fee. Your first invoice will be sent one month after your license is activated, and invoicing will repeat monthly. If your monthly maintenance fee is not paid within (14) calendar days of your invoice date, your software license will be revoked, your Alpha Bot will no longer function, and a re-licensing fee of Five-Hundred Dollars ($500.00 USD) will be charged, in addition to payment of any and all past-due monthly maintenance fees, to reactivate your Alpha Bot. Alpha reserves the right to increase monthly maintenance fees on an annual basis, which shall not exceed ten percent (10%) per year of your current monthly maintenance fee. For support inquiries contact us at support@algoalpha.co.
Broker Selection
Algo Alpha is not and does not operate as a broker. You must have a broker in order to connect the Product to your account. Broker selection is completely at Licensee’s discretion and Algo Alpha encourages you to select your broker wisely. Algo Alpha does not make broker recommendations and is not a brokerage or partner in any broker business. Algo Alpha makes no guarantee as to the stability or performance of any brokerage. You must do your own research and decide on the right broker for you. The purchase, sale or advice regarding a currency can only be performed by a licensed Broker/Dealer. Neither Algo Alpha nor its affiliates, officers, employees, or associates involved in the production and maintenance of these products are registered Broker/Dealers or Investment Advisors in any State or Federally-sanctioned jurisdiction. Algo Alpha is solely a provider of software for Licensee to use at its sole discretion. Algo Alpha encourages all purchasers of products to consult with a licensed representative of their choice regarding any particular trade or trading strategy. Algo Alpha further advises Licensee to thoroughly review and understand the terms and conditions provided by Licensee’s chosen broker before connecting the Product to its account. Licensee acknowledges and agrees that is solely responsible for complying and ensuring compliance with all broker-related requirements and regulations. Algo Alpha makes no representation that any account will or is likely to achieve profits or losses similar to those discussed on this website, in Algo Alpha’s informational materials, or at all. The past performance of any trading system or methodology is not indicative of future results, and Licensee understands and acknowledges all risks involved with its utilization of the Product.
1. Confidential Information. From time to time during the Term, Algo Alpha may disclose or make available to the other party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information whether or not marked, designated, or otherwise identified as "confidential" at the time of disclosure (collectively, “Confidential Information”). Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving party; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party. You shall not disclose Algo Alpha’s Confidential Information to any person or entity, except to your employees, agents, or subcontractors who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder and who are required to protect the Confidential Information in a manner no less stringent than required under these Terms. Notwithstanding the foregoing, you may disclose Confidential Information to the limited extent required (i) to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that you shall first have given written notice to Algo Alpha and made a reasonable effort to obtain a protective order; or (ii) to establish a party's rights under these Terms, including to make required court filings. Your obligations of non-disclosure with regard to Confidential Information are effective as of the date such Confidential Information is first disclosed to you and will expire five years thereafter; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of these Terms for as long as such Confidential Information remains subject to trade secret protection under applicable law.
2. Privacy Policy. Algo Alpha complies with its privacy policy, available at algoalpha.co/privacy-policy (“Privacy Policy”), in providing the Service. The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the Service, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.
3. Intellectual Property Ownership; Feedback. As between you and us, (a) we own all right, title, and interest, including all intellectual property rights, in and to the Service and (b) you own all right, title, and interest, including all intellectual property rights, in and to Customer Data. You acknowledge and agree that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service under these Terms, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Algo Alpha and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by us with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. These Terms are personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign these Terms and to delegate any of its obligations hereunder.
Required Disclaimer - Trading foreign exchange currencies (forex) and crypto currency (“crypto”) carries a high level of risk, and may not be suitable for all investors. The high degree of volatility can work against you as well as for you. Before deciding to invest in crypto or trade forex you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with forex trading, and seek advice from an independent financial advisor if you have any doubts. The purchase, sale or advice regarding crypto and foreign exchange currencies can only be performed by persons registered with (unless exempt from registration) (i) the CFTC (futures commission merchants, introducing brokers, commodity trading advisors, commodity pool operators, and licensed associated persons of such entities), and/or (ii) the SEC (broker-dealers and/or investment advisers and their licensed associated persons), and (iii) a state regulator (each, an “Intermediary”). Neither we, nor our affiliates or associated persons involved in the production and maintenance of our products and services or this website, is an Intermediary. All purchasers of products and services referenced on this website are encouraged to consult with an investment professional regarding any trading strategy or a particular trade. We make no representation that you will or are likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results. We emphasize that no information set forth on this website is an invitation to trade any specific investments. Trading requires risking money in pursuit of future gain. That is your decision. Do not risk any money you cannot afford to lose. This website does not take into account your own individual financial and personal circumstances. It is intended for educational purposes only and NOT as individual investment advice. Do not act on this information without advice from your investment professional, who you should expect to determine what is suitable for your particular needs and circumstances. Failure to seek detailed professional, personally-tailored advice prior to making any investment could result in actions contrary to your best interests and loss of capital.*CFTC RULE 4.41(b)(1)/NFA RULE 2-29 - SIMULATED OR HYPOTHETICAL PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE THE RESULTS SHOWN IN AN ACTUAL PERFORMANCE RECORD, THESE RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, BECAUSE THESE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THESE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED OR HYPOTHETICAL TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE BEING SHOWN. NO REPRESENTATION IS BEING MADE THAT ANY PERSON WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
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