TERMS OF SERVICE

The following terms (“Terms of Service”) describe the terms and conditions applicable to your access to and use of the Services, as such term is defined in first section below. This document constitutes a legally binding agreement between you, whether personally or on behalf of an entity, as the user of the Services (referred to as “you” or “your”) and the company providing the Services – MARKY d.o.o., Savska cesta 55, 1230 Domžale, where applicable (referred to as “we”“our”“us” or “the Company”).

By signing up for the Services and/or using the Services you agree that you have read, understood and agreed to be bound by all of the terms and conditions contained in these Terms of Service, our Privacy Policy, Cookie Policy and any documents incorporated by reference. Any new features, functionalities of tools that are added to the current Services shall also be subject to these Terms of Service. You can read and review the current version of the Terms of Service on our Website (https://www.fxmarketanalyst.com/terms-of-service/). We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason by posting updates and changes at our Website.

We will alert you about any changes by updating the “Last updated” date in Terms of Service and you waive any right to receive specific notice of each such change. It is your responsibility to check the Terms of Service from time to time for any updates or changes that may impact you. You have to be at least 18 years old or at least the age of majority in the jurisdiction where you reside or from which you are in order to use the Service.

  1. Services 

We provide daily trading ideas, trading analysis, weekly outlooks and more to the Users who subscribe to our Services. Our Services include:

  • Trade set up ideas: our trade set-up ideas are provided by The Prop Trader team which deals directly with the latest developments on the markets. The situation is analyzed from long, medium and short-term perspective.
  • Group chat with other members and analysts: Chat and discuss markets with fellow chat participants and The Prop Trader team members.
  • Weekly market outlook: By leaving out weekly fuss, Market Outlook enables you to see fundamental changes on the market in monthly format. The monthly report reveals what will drive the price of instruments in the future and helps you to focus on the most important changes. Market Outlook reports will make sure that you don’t miss the forest for the trees.
  • Morning espresso London report: Every morning we publish the Morning espresso London report where we share technical and fundamental market updates from the previous market session and preparing you for future events, like central bank meetings, NPF & FOMC events.
  • US Open bell report: Every afternoon we publish the US Open bell report where we share technical and fundamental market updates from the previous market session and preparing you for future events, like central bank meetings, company earnings, elections. We reserve the right to modify our Services. Available Services shall be displayed on our Website (https://www.fxmarketanalyst.com/).
  1. Membership Plan

We offer our Services through three different Membership Plans:

  • Monthly Plan: 49 GBP per month
  • 6 Months Plan: 147 GBP for 6 months of Use
  • Unlimited / Lifetime Plan: 499 GBP

All Membership Plans include access to all of our Services, whereas the pricing differs based on the Membership Plan. You can subscribe to Membership Plans via our Website: https://www.fxmarketanalyst.com/membership-plans/

  1. Refunds

In general, due to the nature of our digital services, there are no refunds on your purchase. All Sales are FINAL. It is Your responsibility to understand the refund policy for access to our Services prior to Your purchase. By signing up for our Service, you are agreeing with these Terms of Service.

  1.  Cancellation

The following apply regarding cancellation:

    • Monthly Plan: If You cancel a paid Monthly Plan, the cancellation will become effective at the end of the then-current billing cycle. When You cancel a paid Monthly Plan, our Services will no longer be available to you. If you cancel after your Monthly subscription has already renewed, we will not send a refund for that month. It is your responsibility to cancel prior to renewal. You can cancel by sending us email on: support@fxmarketanalyst.com
  • 6 Months Plan: As 6 Months Plan is based on one-time payment, it is not possible to cancel Your 6 Months Membership Plan. After 6 month period, Your Membership Plan will automatically renew for the period of next 6 month. If you want to cancel your Membership Plan, you can do so by emailing us on: support@fxmarketanalyst.com. If you cancel after your 6 Month subscription has already renewed, we will not send a refund for that 6 Month Period. It is your responsibility to cancel prior to renewal
  • Unlimited/Lifetime Plan: As unlimited/Lifetime Plan is based on one-time payment, it is not possible to cancel Your Unlimited/Lifetime Membership Plan.

 

 

  • Risk Warning and disclaimer 

The proposed trade set up ideas are selected considering market conditions at a given moment. You acknowledge and agree that our Services provide trade set up ideas and not investment advice in any manner. If you decide to do any trading you do so based on your sole decision and our Services do not include any trading advise. Before undertaking any trading decisions, you should consult a qualified financial professional and you should think carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks.

Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through The Prop Trader/ our Services.

 

  • Registered Users 

When subscribing to our Services you will get access to our Discord group, which is active 24 hours a day, 7 days a week so you can always communicate with group members. You will need to create a Discord account.

In consideration of your use of our Website, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our services (or any portion thereof).

You represent and warrant that you have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to your content. If you use third-party materials, you represent and warrant that you have the right to distribute third-party material in the content. You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material.

We may remove your content without notice if we reasonably believe that you’re in violation of our Terms of Service.

 

  • Access and Security 

You accept responsibility for the confidentiality and use of any username and email address that use to register for your access to and use of our services. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

We consider private information on the site to be confidential.

  1. Third Party Services Provider

You acknowledge that we may use Third-Party Service Provider for providing the Service to you. For example, some content and functions available via Services may include materials from Third Party Service Provider, our Services may provide links to third-party websites as a convenience to you. Third party Service also refers to third-party technologies.

In addition to these Terms of Service, you also agree to be bound by any additional service specific terms applicable to Third Party Service Provider that are provided or used in order to provide you the Service or in connection with your use of the Services.

You acknowledge that we do not provide any warranties or guarantees with respect to Third Party Service Provider. You acknowledge and agree that we have no control over Third Party Service Provider, and shall not be responsible or liable to you or anyone for any action, result or failure of any Third Party Service.

  1. Accuracy of Information

We make no warranties or guarantees for the information made available by the Services, nor are we responsible if that information is not accurate, complete, up to date or otherwise does not meet your specific requirements. Any reliance on the information which is available through the Services is at your own risk. It may happen that the information made available through the Services to will contain typographical errors, inaccuracies or omissions including but not limited to the product names, pricing, availability or any other content. We take no obligation to correct, amend, update or clarify such information, except if it is required by law.

  1. Intellectual Property

We reserve all rights, titles and interest to our Services and Intellectual Property, whether registered or not. You agree not to modify, publish, transmit, reverse engineer, participate in transfer or sale, create derivative works, or in any way exploit any of our Intellectual Property, in whole or in part. Except as expressly provided in this Terms of Service, nothing contained herein shall be construed as conferring any license or right to you, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that our Services and Intellectual Property may be used only as provided in these Terms of Servise.

“Intellectual Property Rights” means all patent rights, trade names, proprietary rights, copyright rights, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

YOU GRANT US A NON-EXCLUSIVE, PERPETUAL, IRREVOCABLE, WORLDWIDE, ROYALTY-FREE LICENSE WITH THE RIGHT TO SUBLICENSE, USE, COPY, TRANSMIT, DISTRIBUTE, CREATE DERIVATIVE WORKS OF, DISPLAY AND PERFORM THE SAME IN RESPECT OF ANY MATERIALS OR OTHER INFORMATION (INCLUDING, WITHOUT LIMITATION, IDEAS, CONCEPTS OR TECHNIQUES FOR NEW OR IMPROVED SERVICES AND PRODUCTS) SUBMITTED BY YOU, WHETHER AS FEEDBACK, DATA, QUESTIONS, COMMENTS, OR SUGGESTIONS.

  1. Prohibited Uses

You may not use the Service for any purpose other than that for which we make the Service available. In addition to other prohibitions, as set in the Terms of Service, you agree NOT to:

  • use the Service for any unlawful purpose or unlawful acts,
  • use the Services in a manner inconsistent with any applicable laws or regulations,
  • circumvent, disable, or otherwise interfere with security-related features of the Services, including features that enforce limitations on the use of the Services,
  • engage in any automated use of the system,
  • interfere with, disrupt, or create an undue burden on the Services or the networks,
  • use any information obtained from the Services in order to harass, abuse, or harm another person,
  • use the Service as part of any effort to compete with us,
  • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services,
  • disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services,
  • use the Service for any obscene or immoral purpose,
  • not to duplicate, reproduce, copy, resell, sell, reverse engineer or exploit Services or any part of the Services without first obtaining our express written permission.

We reserve the right to terminate or limit your access to the Services and/or terminating your Account for violating any of the prohibited uses.

  1. Disclaimer of Warranties 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUTH PERFORMANCE ASSURANCE OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK, AND WE DISCLAIM RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF AND/OR ACCESS TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUTH LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INDRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERROS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCES TO AND USE ANY PART OR PARTS OF THE SERVICES; (3) ANY UNATHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OT FROM THE SITE; (5) ANY BUGS, VIRUSES, TORJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH ANY PART OR PARTS OF THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GURANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBISTE, OR ANY WEBISTE OR MOBILE APPLICATION FEATURED IN ANY FOR OF ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WE DO NOT WARRANT OR GURANTEE THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE. WE DO NOT WARRNT OR GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THEUSE OF THE SERVICES WILL BE ACCURATE AND/OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

NO ORAL OR WRITTEN ADVICE PROVIDED BY THE COMPANY OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

  • Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, CLAIM, INJURY OR ANY DIREXT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTIAL, SPECIAL, OR CONSEQUENTIONAL DAMAGES OF ANY KIND, INCLUDING WITHOUTH LIMITATION LOST PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST OPPORTUNITY, LOST REVENUE, LOSS OF DATA, LOST SAVINGS, INTELLECTIAL PROPERTY RIGHT INFRINGEMENT, LOSS OF GOODWILL OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF OR INABILITY TO USE ANY PART OR PARTS OF THE SERVICES, THIRD PARTY SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.NOTWITHSTANDING ANYHTING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US IN THE TWELWE (12) MONTHS PERIOD PRECEDINGS SUCH LOSSES OR DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE PAYMENTS PAID BY YOU FOR THE SERVICES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE COMPANY WOULD NOT ENTER INTO THIS AGREEMENT WIHTOUTH THESE LIMITATIONS ON LIABILITY.  THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT THE PROVISIONS IN THIS TERMS OF SERVICE THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THE TERMS OF SERVICE.

  1. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your: (1) use of the Services; (2) breach of these Terms of Service, the Privacy Policy or any other documents they incorporate by reference; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other person or entity. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

  • Dispute Resolution 

These Terms of Service shall be governed by and interpreted in accordance with the Company’s home country laws, the laws of Slovenia. Any dispute arising out of or in connection with this agreement shall be submitted to exclusive jurisdiction of the competent court of Ljubljana, Slovenia.

  1. Termination

These Terms of Service shall remain in full force and effect while you use the Services. On termination of this Terms of Service, all rights (including the license granted to you will cease). Termination will have no effect on your obligation to pay for any services rendered prior to termination.  You can terminate these Terms of Service at any time by stopping your usage of the Services. In such event there is no refund of already paid fees.

Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation. We may terminate your use or participation in the Service or delete any content or information that you posted at any time, without warning, in our sole discretion. In such event there is no refund of already paid fees.

A breach or violation of any provision of the Terms of Service, or the Privacy Policy or any other documents incorporated by reference may result in an immediate termination or suspension of your Account and access to the Services. Termination will have no effect on Your obligation to pay for any services rendered prior to termination. The terms of clauses Term and Termination, Limitation of Liability, Intellectual Property Rights, Confidentiality, General Provisions shall survive any expiration or termination of this Agreement.

 

  • Miscellaneous 
  1. Entire Agreement. These Terms of Service, Privacy Policy and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.
  2. No Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law.
  3. Assignment. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
  4. Severability. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
  5. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Services. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
  6. Force Majeure. We shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
  7. Contact. Questions about the Terms of Service should be sent to us at: support@fxmarketanalyst.com. All communication must be made in English or alternatively in Slovenian language.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND BY USING OUR SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND SERVICE.

Last Updated: november 2023

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