tradeworks

End User License Agreement

Preamble
Updated as of May 2015
This is the End User License Agreement (“Agreement”) that applies to the products and services provided by Amakitu ApS, operating as Tradeworks ApS, Amagerfaelledvej 56, DK-2300 Copenhagen S, Denmark, (+45) 36 997 993, registration number/CVR# 35031227 (“Company”).

If the Customer has any objections to the terms and conditions stipulated hereto, the Customer shall not use the Company Websites, Services or Product in any way. Downloading, installing and accessing to and use of this website, Services or Product constitutes the Customer’s acceptance of these terms and conditions and any other legal notices and statements contained on the Company’s website or in the Operative Agreements.

The Customer’s use of the Company’s Product and Services is governed by the version of this Agreement in effect on the date each time the Customer accesses the Company website, Product or Services.

The Customer hereby agree to the use of electronic communication in order to enter into contracts, place strategies and to the electronic delivery of notices and policies. Furthermore, the Customer hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

This Agreement together with the Customer Agreement constitutes the Operative Agreements as amended from time to time and set out the terms upon which the Company delivers the Product and Services to the Customer.

1. Scope of Agreement

1.1. This Agreement applies to any of the Company:

(a) Websites,

(b) Products,

(c) Content,

(d) Software,

(e) Databases, and

(f) Data collectively referred to as the (“Services”) provided by the Company collectively with its affiliates.

1.2. The content and information included in the Services is provided by the Company. Carefully read all the terms and conditions of this Agreement prior to the use of the Company websites and/or platforms and/or download and/or the installation of the Company’s Services.

1.3. If the Customer do not agree to these terms and conditions, the Customer shall and may not use the Company Services.

1.4. This Agreement may be updated by the Company from time to time, without prior notice to the Customer. The use of the Services may be subject to additional terms and conditions, which will be published by the Company from time to time.

2. License

2.1. The Company hereby grants the Customer a non-exclusive and non-transferable license (“License”) to use the Services. The Services may only be used for personal use. This does not include use on a computer network. The Company may terminate this license, cancel the Customer’s password and/or the Customer’s Profile (or part of it) if the Customer fail to comply with the terms and conditions set forth.

2.2. The Customer may not:

(a) adapt, modify, decompile, translate, reverse engineer, disassemble or create derivative works based on the Services; and/or

(b) loan, rent, lease, give, sub-license or otherwise transfer the Services (or any copy thereof) in whole or in part, to any other party; copy, alter, translate, decompile or reverse engineer the software, including but not limited to, modify the software in any way;

(c) remove, alter or cause not to be displayed, any trademarks, copyright notices or start-up messages contained in the programs and/or documentation.

3. Profile information and user security

3.1. In order to use the Services the Customer must sign up and create a specific Profile. It is the Customers responsibility to keep the Profile information secret and the Customer is responsible for all actions made using the Profile.

3.2. The Customer agree:

(a) to immediately notify the Company of any unauthorized use of the Profile or of any other violation of security, and

(b) at the end of each use, to log out from the Profile in an orderly way.

4. User Conduct

4.1. The Customer shall not use the Services for any unlawful or unauthorized purpose. The use and interpretation of the Services requires skill and judgement, and the Customer shall at all times exercise its own judgement in the use of the Services.

4.2. The Customer agree not to use the Services in order to:

(a) Disturb or damage the Services or the servers or the networks connected to the Services. Customers must not ignore conditions, policies and/or regulations of networks which are connected to the Services.

(b) Violate deliberately or not deliberately any local, state, national or international law which applies to the Company’s software.

4.3. By using the Services the Customer acknowledge that the Customer is well informed that the Company does not perform any prior filtering of the content and/or financial information made available through the Services by third parties. Notwithstanding the aforementioned, the Company and/or its agents, shall have the right to remove any content which violates this license conditions or which arises opposition in any other way.

4.4. The Customer agree that it is up to the Customer to evaluate the risks involved with the use of the Service, including the reliance upon the accuracy, perfection and/or benefit of the content made available by the Service. The Customer also agree that the risks with such use shall be on the Customer.

4.5. The Customer acknowledge that the Customer is responsible for any content, information and material that the Customer submit or transmit through any of the Company’s websites, applications and/or any network status/posts/blogs and any other communications and/or content options available by the Company, including the Customers responsibility as to the legality, reliability, appropriateness, originality and copyright of any such information or material.

4.6. Additionally, the Customer represents and warrants that:

(a) The Customer own all rights, title and interest in any content provided by the Customer, and

(b) the posting of the Customer’s content by the Company (in any manner or media whatsoever, on an unrestricted basis) does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any individual or make derogatory remarks regarding, defame or otherwise criticize any person or entity. The Customer shall be solely liable for any damage resulting from any infringement or other violation of the copyrights, trademarks or other proprietary rights of any individual or entity, and for any other harm or losses resulting from any Content.

4.7. The Company does not undertake to review and monitor all the content and the Company do not in any manner endorse, support, sanction, encourage, verify or agree with any such content. The Company reserve the right to review, monitor, revise and/or remove any such content in any way the Company see fit in the Company’s sole discretion. The Customer acknowledge that the Company may report to government authorities any actions that may be considered illegal and/or which may be required by such authorities. When requested, the Company may cooperate with government authorities in any investigation of alleged illegal activity. The Customer further confirm and acknowledge that the Company may also maintain records of all such content.

4.8. At certain times, the Company may provide the Customer with various analytical tools, template strategies,links to other websites, circulate newsletter and/or provide the Customer with third parties’ information for the Customer’s convenience. By doing so, the Company is not endorsing, giving any representation, warranting, guaranteeing or sponsoring the accuracy, correctness, timeliness, completeness, suitability of such information for the Customer and/or as to the effect or consequences of such information on the Customer. Such information and tools are provided solely to assist the Customer to make the Customer’s own investment strategies and does not amount to investment advice or unsolicited financial promotions to the Customer.

4.9. The Company is not obligated to update the information displayed on the Company’s Websites at any time and the Company shall not be liable for the termination, interruption, delay or inaccuracy of any information.

4.10. Any information or material placed on the Company’s Websites by third parties reflects solely and exclusively the views, and are the responsibility, of those who post such information or material, and do not represent the views of the Company and/or its affiliates.

5. Intellectual Property

5.1. All intellectual property rights (“Intellectual Property“) including but not limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, colour scheme and graphics are the Company’s sole and exclusive Intellectual Property and are all protected by local and international intellectual property laws and treaties including all copyright laws and regulations.

5.2. The Customer shall respect all Intellectual Property rights and unless the Customer is given an explicit permission by the Company, the Customer shall not use the Services for any purpose, other than personal ordinary purposes, and the Customer shall not change, sell and/or distribute the Company Services and/or create any products based on the Company’s Services, or on part of it, without the Company prior written consent.

5.3. Under no circumstances shall the Customer remove any copyright notification from any of the Company’s Intellectual Property or unlawfully use the Company’s software. The use of the Company’s Services does not grant the Customer any rights other than those granted to the Customer by revocable License in any way. The Company own all the images displayed on the Company’s Services. The Customer may not use these images in any way other than the manner, which the Company provide them. Should the Customer wish to use any of the Company images for any other purpose the Customer must obtain prior written consent from the Company.

5.4. Nothing contained in the Company’s Services shall be construed as granting, by implication or otherwise, any license or right to use any trademark without the Company written permission or such third party that may own the trademarks. Except as expressly stated herein, the Customer may not without the Company prior written permission alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any of the Company’s Services.

5.5. If the Customer link from another website to one or more of the Company’s Websites, the Customer’s website, as well as the link itself, may not, without the Company’s prior written permission, suggest that the Company endorse, sponsor or are affiliated with any non-company website, entity, service or product, and may not make use of any of the Company’s Intellectual Property other than those contained within the text of the link.

5.6. Strategies developed and used by the Customer in the Product is the property of the Customer. The Customer gives the Company an non-refundable right to use the strategy or data from or related to the strategy in any non personally identifiable format.

6. Disclaimer of warranties

6.1. The Services should be used with knowledge and skill notwithstanding any particular Customer’s investment objectives, financial situation, or means, and the Company is not soliciting any action based upon it.

6.2. The Company does not recommend any form of financial transaction; or solicit to enter into any financial transaction, financial engagement; or otherwise encourage the Customer to follow any specific trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal.

6.3. The Company expressly disclaim all warranties of any kind, express or implied. The Services are provided “AS-IS”, and the Company and/or any third-party information provider provide the Services without responsibility for accuracy and correctness.

6.4. By using the Services the Customer agree that errors and/or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against the Company.

6.5. The Company does not warrant that the functions contained in the Services will meet the Customer’s requirements or that the operation of the Services will be uninterrupted or error free.

6.6. The entire risk as to the quality and performance of the Services is with the Customer. The Company and/or any third-party supplier expressly disclaim any and all warranties, express or implied, including, without limitation, warranties of satisfactory quality and fitness for a particular purpose, with respect to the services or any use thereof. In no event shall either of them be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with respect to the application and the use thereof.

6.7. The Customer hereby specifically agree and acknowledge that the above warranty is exhaustive and is in lieu of any other warranty, express or implied. In no event shall the Company and/or any third-party supplier or their directors, officers, employees, contractors and agents be liable for lost profits, lost sales, lost business, lost opportunity, lost information, lost or wasted time or any special incidental or consequential damages (however arising, including negligence) arising out of, or with respect to the Services and the use thereof.

7. Acknowledgement

7.1. The Customer acknowledge reading this End User License Agreement, understanding it, and agree to be bound by its terms and conditions.

7.2. The Company reserves the right to amend, revise, modify, and/or change the Operative Agreements at any time. Should the Company decide to make any changes, such changes shall be incorporated into the Company revised Operative Agreements and communicated to the Customer.