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XCITE
End-User
License Agreement
Tiebreak
Solutions Ltd (the “Company”)
is a software development company and does not
provide
any financial services or related services. The Company is not involved and/or interfere
in
any way with
trading
operations, nor does it open or control real trading accounts. The
information
available in the App is not to be deemed at any time as investment advice. The
Company
shall
not
be
responsible
for
any
investment
decision
you
have
taken.
Please
read
the
terms and conditions of this End User License Agreement carefully before
continuing
with the use of the
App
(hereinafter
the “EULA”).
In
this EULA, unless the content otherwise requires the capitalized terms used herein shall be
defined
as set forth
in
paragraph 1 of this Agreement.
EULA
is applicable to both, physical
persons
and legal entities that otherwise use or access the
App
(shall
hereinafter be collectively
defined
as the “End-User”,
“You”).
By
accepting this EULA, You
consent
to the use of electronic communication in order to enter
into
contracts as well as to the electronic delivery of any notices, policies and records of
transactions
initiated or completed via the App. You hereby waive any rights or requirements
under
the laws or regulations of the jurisdictions which require an original wet signature or
delivery
or retention of hard copy records, to the extent permitted by applicable and mandatory
law.
This
EULA,
including
any updates to it constitutes a legal agreement
between You and the
Company
which shall govern the use of the
App
on
any technological device (i.e.
web
based
format,
computer,
laptop, smartphone, tablet etc) installed
and/or
used
by
You or any third
party.
YOU
EXPRESSLY ACKNOWLEDGE THAT YOU HAVE
READ
THIS EULA, UNDERSTOOD AND AGREE
WITH
THE TERMS AND CONDITIONS SET FORTH HEREIN
BY
DOWNLOADING
AND/OR
BY
CONTINUING
TO USE THE APP, YOU EXPRESSLY AND AUTOMATICALLY ACCEPT AND CONSENT
TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT AND
GRANT TO
THE
COMPANT THE RIGHTS SET FORTH HEREIN.
For
the effective use of the App, its components and software additions, you must accept any
applicable
additional terms and conditions (hereinafter “Additional
Terms”).
Where such
Additional
Terms are applicable, you can accept them by clicking to accept or agree where
applicable
to You or by continuing to use the App. Notwithstanding the above, any applicable
Additional
Terms, which may be updated from time to time,
shall
be considered to be an integral
and
inseparable part of this EULA and shall be read and interpreted together. For the avoidance
of
doubt and in case where there is a conflict between this EULA and any Additional Terms,
unless
it otherwise indicated,
the
terms and conditions of the EULA shall prevail.
IF
YOU ARE A RESIDENT OF A JURISDICTION WHERE THE DOWNLOAD OR USE OF THE
APP
IS
PROHIBITED
BY LAW DUE TO DIFFERENT REQUIREMENTS OR A COMPLETE BAN ON THE USE OF
THE
APP
IN
SUCH JURISDICTION, DO NOT INSTALL
OR USE IT.
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1. TERMS AND DEFINITIONS
1.1. For the purposes of this Agreement, the following terms shall have the meaning and are defined
as specified below:
Affiliate: means, with respect to a specified entity, (i) an entity (other than the Company) that
directly or indirectly, through one or more intermediaries, owns more than 50% of the shares of
the Company, or (ii) an entity that directly or indirectly through one or more intermediaries, is
controlled by the Company, in each case where the term “control” means possession, directly
or indirectly, of the power to direct or cause the direction of the management and policies of an
entity, whether through ownership of voting securities, by contract interest or otherwise.
App: means the XCITE trading platform software which is developed by the Company and enable
End-Users to trade in the financial markets via Investment Firm(s) they enter into separate
agreement with. The App is owned by the Company, together with any updates, upgrades,
revisions, modifications, additions, new versions and related subsystems, parts, services and
components thereof, including, but not limited to, the server and components of the trading
platform, the relevant secure network protocols of data transmission, databases, user interface
of the software, documentation, the App and components and/or add-ons. The App is an online
trading software accessible online and may be downloaded from Google and Apple App stores.
The use of the App is possible via the Internet by means of existing web interface and
functionality, as well as by means of any future versions of the mentioned web interface and
functionality.
Company: means Tiebreak Solutions Ltd, a company duly registered in the Republic of Cyprus,
under registration number HE 368029, whose registered office is at Artemisia Business Centre,
14 Charalambou Mouskou, 1st floor, Office 102, 2014 Strovolos, Nicosia, Cyprus.
Effective Date: means the date on which this EULA is entered into by downloading and/or using
the App.
Intellectual Property Rights (“IP Rights”): means patents, designs, trademarks and trade names
(whether registered or unregistered), copyright and related rights, database rights, knowhow,
trade secrets and confidential information; all other intellectual property rights and similar or
equivalent rights anywhere in the world which currently exist or come in existence in the future;
applications, pending applications, extensions and renewals in relation to any such rights.
Investment Firm(s): a third-party legal entity providing End-User with financial, investment,
brokerage, trading or information services on local or international currency or stock markets
and which has license to use and offer the App to its clients.
Password: means a code You select, which together with the Login, gives You access to Your
User Account.
Login: means the identification code, which together with the Password, gives You access to
Your User Account.
1. TERMS AND DEFINITIONS
1.1. For the purposes of this Agreement, the following terms shall have the meaning and are defined
as specified below:
Affiliate: means, with respect to a specified entity, (i) an entity (other than the Company) that
directly or indirectly, through one or more intermediaries, owns more than 50% of the shares of
the Company, or (ii) an entity that directly or indirectly through one or more intermediaries, is
controlled by the Company, in each case where the term “control” means possession, directly
or indirectly, of the power to direct or cause the direction of the management and policies of an
entity, whether through ownership of voting securities, by contract interest or otherwise.
App: means the XCITE trading platform software which is developed by the Company and enable
End-Users to trade in the financial markets via Investment Firm(s) they enter into separate
agreement with. The App is owned by the Company, together with any updates, upgrades,
revisions, modifications, additions, new versions and related subsystems, parts, services and
components thereof, including, but not limited to, the server and components of the trading
platform, the relevant secure network protocols of data transmission, databases, user interface
of the software, documentation, the App and components and/or add-ons. The App is an online
trading software accessible online and may be downloaded from Google and Apple App stores.
The use of the App is possible via the Internet by means of existing web interface and
functionality, as well as by means of any future versions of the mentioned web interface and
functionality.
Company: means Tiebreak Solutions Ltd, a company duly registered in the Republic of Cyprus,
under registration number HE 368029, whose registered office is at Artemisia Business Centre,
14 Charalambou Mouskou, 1st floor, Office 102, 2014 Strovolos, Nicosia, Cyprus.
Effective Date: means the date on which this EULA is entered into by downloading and/or using
the App.
Intellectual Property Rights (“IP Rights”): means patents, designs, trademarks and trade names
(whether registered or unregistered), copyright and related rights, database rights, knowhow,
trade secrets and confidential information; all other intellectual property rights and similar or
equivalent rights anywhere in the world which currently exist or come in existence in the future;
applications, pending applications, extensions and renewals in relation to any such rights.
Investment Firm(s): a third-party legal entity providing End-User with financial, investment,
brokerage, trading or information services on local or international currency or stock markets
and which has license to use and offer the App to its clients.
Password: means a code You select, which together with the Login, gives You access to Your
User Account.
Login: means the identification code, which together with the Password, gives You access to
Your User Account.
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User Account: means the account You create for the use of the App including the Login and
Password.
1.2. Words used in singular form include the plural, and vice versa, as appropriate.
2. LICENSE RIGHTS
2.1. Subject to the terms and conditions of this EULA, the Company hereby grants You a limited,
individual, non-exclusive, simple, non-sublicensable, non-assignable, non-transferable, free of
charge license (the “Licence”) to download, install and use the App solely on Your personal
computer, smartphone or tablet (or any other mobile device), for the use of inter alia, trading in
the financial markets via the Investment Firm with which You enter into separate contractual
relations.
2.2. You shall not sell, assign, rent, lease, distribute, export, import, or otherwise grant rights to use
the App or any part thereof to a third party.
2.3. You undertake not to knowingly or unknowingly cause, permit or authorize the modification in
any way of the App. At all times, You shall comply with the requirements and specifications
relating to the App’s design, use and presentation at all times. The terms of this Clause shall
survive termination of this EULA.
2.4. The App may be integrated to and/or integrate software and other technology owned or
controlled by third parties (hereinafter the “Components”). The use of any such third-party
software or technology shall fall under the scope of this EULA. When you use a third-party
Component, you will be subject to its terms and licenses as applicable and you agree to comply
with such third-party’s terms of use of the component. The Company will have no obligation and
or liability whatsoever relating to the Components specifically to support or maintain or keep
available any Components.
2.5. Notwithstanding any provisions herein, the Company waives any liability regardless of the
nature of the claim or the nature of the claimed or alleged damages, including, without
limitation, direct, indirect, incidental, consequential or punitive damages, for any claim arising
from or related to the use or distribution of any such Component. The Company hereby disclaims
any and all representations and warranties, express, implied or statutory, with respect to, inter
alia, , any warranties of merchantability, fitness for a particular purpose, system integration,
data accuracy, title, non-infringement, quiet enjoyment, and/or non-interference of any such
Components.
2.6. Any and all Components that may be distributed together with the App will be subject to You
explicitly accepting a license agreement with that third party and You will not hold Company
liable in any way relating to the Component and Your rights remain against the third-party
providing the Component.
2.7. You acknowledge and agree that any and all IP Rights in the App are and shall remain the
exclusive property of the Company. Nothing in this EULA intends to transfer to/or vest in You
any such intellectual property rights. Any ownership and/or intellectual property rights in
relation to any third-party component is the property of the third-party and may be protected
User Account: means the account You create for the use of the App including the Login and
Password.
1.2. Words used in singular form include the plural, and vice versa, as appropriate.
2. LICENSE RIGHTS
2.1. Subject to the terms and conditions of this EULA, the Company hereby grants You a limited,
individual, non-exclusive, simple, non-sublicensable, non-assignable, non-transferable, free of
charge license (the “Licence”) to download, install and use the App solely on Your personal
computer, smartphone or tablet (or any other mobile device), for the use of inter alia, trading in
the financial markets via the Investment Firm with which You enter into separate contractual
relations.
2.2. You shall not sell, assign, rent, lease, distribute, export, import, or otherwise grant rights to use
the App or any part thereof to a third party.
2.3. You undertake not to knowingly or unknowingly cause, permit or authorize the modification in
any way of the App. At all times, You shall comply with the requirements and specifications
relating to the App’s design, use and presentation at all times. The terms of this Clause shall
survive termination of this EULA.
2.4. The App may be integrated to and/or integrate software and other technology owned or
controlled by third parties (hereinafter the “Components”). The use of any such third-party
software or technology shall fall under the scope of this EULA. When you use a third-party
Component, you will be subject to its terms and licenses as applicable and you agree to comply
with such third-party’s terms of use of the component. The Company will have no obligation and
or liability whatsoever relating to the Components specifically to support or maintain or keep
available any Components.
2.5. Notwithstanding any provisions herein, the Company waives any liability regardless of the
nature of the claim or the nature of the claimed or alleged damages, including, without
limitation, direct, indirect, incidental, consequential or punitive damages, for any claim arising
from or related to the use or distribution of any such Component. The Company hereby disclaims
any and all representations and warranties, express, implied or statutory, with respect to, inter
alia, , any warranties of merchantability, fitness for a particular purpose, system integration,
data accuracy, title, non-infringement, quiet enjoyment, and/or non-interference of any such
Components.
2.6. Any and all Components that may be distributed together with the App will be subject to You
explicitly accepting a license agreement with that third party and You will not hold Company
liable in any way relating to the Component and Your rights remain against the third-party
providing the Component.
2.7. You acknowledge and agree that any and all IP Rights in the App are and shall remain the
exclusive property of the Company. Nothing in this EULA intends to transfer to/or vest in You
any such intellectual property rights. Any ownership and/or intellectual property rights in
relation to any third-party component is the property of the third-party and may be protected
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by applicable copyright or other intellectual property laws and treaties. The Company hereby
confirms that it has all the necessary licences to distribute any third-party Components.
2.8. You are only entitled to the limited use of the licensed App granted to You under this EULA. You
will not take any action to jeopardize, limit or interfere with the intellectual property rights. You
acknowledge and unequivocally agree that any unauthorized use of any intellectual property
rights is in violation of this Agreement, as well as a violation of the international intellectual
property laws and treaties, including without limitation copyright laws and trademark laws.
2.9. It is hereby agreed that that You shall not remove, obscure, make illegible or alter any notices
or indications of the intellectual property right held by the Company, whether such notices or
indications are affixed on, contained in or otherwise connected to any existing materials.
2.10. You agree to maintain the value and reputation of the App and/or the Company’s brand or
name, to the best of Your abilities. Further, You shall not use the App in any other method that
contradicts with the terms and conditions provided herein. Notwithstanding the generality of
this Clause, you will not use the App in any way that in the Company’s opinion, constitutes or is
potentially fraudulent or inappropriate or contrary to the provisions of the EULA and/or any
Additional Terms.
2.11.You agree that the services and products You provide/receive using the App, shall be provided
in compliance with all applicable laws and regulations (including without limitation those
relating to anti-money laundering laws and regulations).
2.12.You agree that You are solely responsible for any services and/or products You select using the
App.
2.13.You hereby explicitly acknowledge that Your rights to use the App are strictly subject to full
compliance with this EULA, and any breach of any provision of this EULA or any applicable
Additional Terms shall give rise to automatic right of termination by the Company and the
prohibition to use the App.
2.14.The Company reserves the right at its sole and absolute discretion to amend, change, add or
remove this EULA in part or in whole and/or of any Additional Terms at any time, on a general
or individual basis, for any reason, by notifying You of the amendments. Such changes shall be
effective immediately upon receipt of the notification. Should You continue to use the App
following any such changes, shall automatically constitute Your acceptance to be bound by the
revised terms. Where you do not agree with any of the changes, you shall immediately cease
any and all use of the App.
2.15.You acknowledge and agree that the use of the App shall be at Your own risk and account. You
agree, on demand, to indemnify, defend and hold the Company, its Affiliates and staff harmless
from and against any and all liability and costs (including reasonable attorneys’ fees) incurred by
such person, in connection with or arising out of:
(a) using the App; or
(b) any breach or violation of the terms and conditions of this Agreement.
by applicable copyright or other intellectual property laws and treaties. The Company hereby
confirms that it has all the necessary licences to distribute any third-party Components.
2.8. You are only entitled to the limited use of the licensed App granted to You under this EULA. You
will not take any action to jeopardize, limit or interfere with the intellectual property rights. You
acknowledge and unequivocally agree that any unauthorized use of any intellectual property
rights is in violation of this Agreement, as well as a violation of the international intellectual
property laws and treaties, including without limitation copyright laws and trademark laws.
2.9. It is hereby agreed that that You shall not remove, obscure, make illegible or alter any notices
or indications of the intellectual property right held by the Company, whether such notices or
indications are affixed on, contained in or otherwise connected to any existing materials.
2.10. You agree to maintain the value and reputation of the App and/or the Company’s brand or
name, to the best of Your abilities. Further, You shall not use the App in any other method that
contradicts with the terms and conditions provided herein. Notwithstanding the generality of
this Clause, you will not use the App in any way that in the Company’s opinion, constitutes or is
potentially fraudulent or inappropriate or contrary to the provisions of the EULA and/or any
Additional Terms.
2.11.You agree that the services and products You provide/receive using the App, shall be provided
in compliance with all applicable laws and regulations (including without limitation those
relating to anti-money laundering laws and regulations).
2.12.You agree that You are solely responsible for any services and/or products You select using the
App.
2.13.You hereby explicitly acknowledge that Your rights to use the App are strictly subject to full
compliance with this EULA, and any breach of any provision of this EULA or any applicable
Additional Terms shall give rise to automatic right of termination by the Company and the
prohibition to use the App.
2.14.The Company reserves the right at its sole and absolute discretion to amend, change, add or
remove this EULA in part or in whole and/or of any Additional Terms at any time, on a general
or individual basis, for any reason, by notifying You of the amendments. Such changes shall be
effective immediately upon receipt of the notification. Should You continue to use the App
following any such changes, shall automatically constitute Your acceptance to be bound by the
revised terms. Where you do not agree with any of the changes, you shall immediately cease
any and all use of the App.
2.15.You acknowledge and agree that the use of the App shall be at Your own risk and account. You
agree, on demand, to indemnify, defend and hold the Company, its Affiliates and staff harmless
from and against any and all liability and costs (including reasonable attorneys’ fees) incurred by
such person, in connection with or arising out of:
(a) using the App; or
(b) any breach or violation of the terms and conditions of this Agreement.
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2.16.The App may utilize resources of Your computer (or other applicable device) You are utilizing,
including, but not limited to, CPU, memory and network connectivity for the limited purpose of
providing the functionality of the App and establishing connection with the App.
2.17.The Company will use its commercially reasonable endeavours to ensure the protection of the
privacy and integrity of Your computer resources and Your communications. Further
information as to the collection and protection of any for Your personal information, may be
found further below and/or on the Company’s Privacy Policy.
2.18.The Company reserves the right at its sole discretion, to add additional features or functions, or
to provide programming fixes, updates and upgrades, to the App. You hereby acknowledge and
agree that the Company has no obligation to make available to You any subsequent versions of
the App.
2.19.From time to time, the App may download and install updates automatically. These updates are
required to maintain software compatibility, provide security updates or debugging, or offer
new features, functionality or versions. You hereby agree to receive such updates from the
Company in order to continue using the App. You further agree that You may have to enter into
a renewed version of this EULA, in the event you download, install or use a new or updated
version of the App.
2.20.The Company may, at its sole discretion and without prior notice, modify or discontinue or
suspend Your ability to use the App or terminate the license granted to You under this EULA, at
any time, with immediate effect for the repair, improvement, and/or upgrade of App or for any
other justifiable reason, including but not limited to, circumstances where You are found to be
in breach of the terms and conditions under this EULA and/or any Additional Terms and
Conditions, causing possible legal liabilities for the Company and/or its Affiliates, or where the
Company suspects that you are engaging in fraudulent, immoral or illegal activities, or for other
similar reasons.
2.21.You agree to use the App solely for lawful purposes. You undertake, without limitation, not to:
(a) intercept or monitor, damage or modify any communication which is not intended for You;
(b) use any type of program codes that are designed to distort, delete, damage or compromise the
integrity of the App;
(c) use or attempt to use the App in violation of any applicable laws and regulations in any
jurisdiction;
(d) use or distribute any material or content that is subject to a third-party’s proprietary rights; or
(e) modify, translate into other languages, create derivative products or services, reverse engineer,
decompile and/or disassemble the App and/or any parts thereof, gain unauthorized access and
compromise the integrity of databases, gain unauthorized access and compromise secure
network protocols of data transmission, compromise the integrity of the App’s security system.
2.22.An internet connection is needed for the functionality of the App. You shall be responsible for
any and all costs incurred by use of the Internet as a result of Your use of the App.
2.23.You hereby represent and warrant that You are authorized to enter into and comply with this
EULA. Further, You represent and warrant that You shall meet Your obligations under this EULA
2.16.The App may utilize resources of Your computer (or other applicable device) You are utilizing,
including, but not limited to, CPU, memory and network connectivity for the limited purpose of
providing the functionality of the App and establishing connection with the App.
2.17.The Company will use its commercially reasonable endeavours to ensure the protection of the
privacy and integrity of Your computer resources and Your communications. Further
information as to the collection and protection of any for Your personal information, may be
found further below and/or on the Company’s Privacy Policy.
2.18.The Company reserves the right at its sole discretion, to add additional features or functions, or
to provide programming fixes, updates and upgrades, to the App. You hereby acknowledge and
agree that the Company has no obligation to make available to You any subsequent versions of
the App.
2.19.From time to time, the App may download and install updates automatically. These updates are
required to maintain software compatibility, provide security updates or debugging, or offer
new features, functionality or versions. You hereby agree to receive such updates from the
Company in order to continue using the App. You further agree that You may have to enter into
a renewed version of this EULA, in the event you download, install or use a new or updated
version of the App.
2.20.The Company may, at its sole discretion and without prior notice, modify or discontinue or
suspend Your ability to use the App or terminate the license granted to You under this EULA, at
any time, with immediate effect for the repair, improvement, and/or upgrade of App or for any
other justifiable reason, including but not limited to, circumstances where You are found to be
in breach of the terms and conditions under this EULA and/or any Additional Terms and
Conditions, causing possible legal liabilities for the Company and/or its Affiliates, or where the
Company suspects that you are engaging in fraudulent, immoral or illegal activities, or for other
similar reasons.
2.21.You agree to use the App solely for lawful purposes. You undertake, without limitation, not to:
(a) intercept or monitor, damage or modify any communication which is not intended for You;
(b) use any type of program codes that are designed to distort, delete, damage or compromise the
integrity of the App;
(c) use or attempt to use the App in violation of any applicable laws and regulations in any
jurisdiction;
(d) use or distribute any material or content that is subject to a third-party’s proprietary rights; or
(e) modify, translate into other languages, create derivative products or services, reverse engineer,
decompile and/or disassemble the App and/or any parts thereof, gain unauthorized access and
compromise the integrity of databases, gain unauthorized access and compromise secure
network protocols of data transmission, compromise the integrity of the App’s security system.
2.22.An internet connection is needed for the functionality of the App. You shall be responsible for
any and all costs incurred by use of the Internet as a result of Your use of the App.
2.23.You hereby represent and warrant that You are authorized to enter into and comply with this
EULA. Further, You represent and warrant that You shall meet Your obligations under this EULA
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and comply with any and all laws, regulations and policies that may apply to the use of the App
at all times.
3. END-USER PERSONAL DATA
3.1. By using the App, the Company might collect personal and non-personal information about you
in line with its Privacy Policy. We may also collect aggregate non-personal information about
your use of the App, including but not limited to components you have clicked or used, as well
as other actions related to your use of the App.
3.2. The Company may also collect certain technical information about your mobile device or PC,
such as your IP address, the type and model of your device, the user-defined device name, the
type and version of the operating system, information about your time zone and geo location,
as well as device language and localization information.
3.3. The Company may collect your personal information, including information that you provide
when you register in the App.
3.4. The App is connected to trade servers of Investment Firm(s) that provide financial services and
You should enter into separate agreements with such Investment Firm(s) for rendering
appropriate services. The App transmits to such Investment Firm(s) your personal and payment
information necessary for the App to operate or for the Investment Firm(s) to provide you with
the appropriate services.
3.5. The Company may use personal and non-personal information provided to us electronically via
the App to, inter alia, to update, fix errors, administer and improve the features and functionality
of our applications and associated services..
3.6. For statistical purposes and tracking group trends, anonymous aggregate data may be shared
with other companies with which we have relationships. We do not link aggregate user data
with personal information and aggregate data can therefore not be used to contact or identify
you.
3.7. You also share the responsibility to keep the passwords of Your accounts in a safe place, and do
not disclose your details to any third party. If you become aware of any unauthorized use of your
password or any other breach of security in the App, please contact us or Your Investment Firm
immediately.
3.8. You must accept the terms of the Privacy Policy before download or use of the App.
3.9. If you do not accept the Company’s Privacy Policy and the present EULA, you must not download
or use our Product.
4. TERM, TERMINATION, UPDATES
4.1. This EULA and any Additional Terms shall become effective as of the Effective Date.
4.2. You may terminate this Agreement at any time by uninstalling the App.
and comply with any and all laws, regulations and policies that may apply to the use of the App
at all times.
3. END-USER PERSONAL DATA
3.1. By using the App, the Company might collect personal and non-personal information about you
in line with its Privacy Policy. We may also collect aggregate non-personal information about
your use of the App, including but not limited to components you have clicked or used, as well
as other actions related to your use of the App.
3.2. The Company may also collect certain technical information about your mobile device or PC,
such as your IP address, the type and model of your device, the user-defined device name, the
type and version of the operating system, information about your time zone and geo location,
as well as device language and localization information.
3.3. The Company may collect your personal information, including information that you provide
when you register in the App.
3.4. The App is connected to trade servers of Investment Firm(s) that provide financial services and
You should enter into separate agreements with such Investment Firm(s) for rendering
appropriate services. The App transmits to such Investment Firm(s) your personal and payment
information necessary for the App to operate or for the Investment Firm(s) to provide you with
the appropriate services.
3.5. The Company may use personal and non-personal information provided to us electronically via
the App to, inter alia, to update, fix errors, administer and improve the features and functionality
of our applications and associated services..
3.6. For statistical purposes and tracking group trends, anonymous aggregate data may be shared
with other companies with which we have relationships. We do not link aggregate user data
with personal information and aggregate data can therefore not be used to contact or identify
you.
3.7. You also share the responsibility to keep the passwords of Your accounts in a safe place, and do
not disclose your details to any third party. If you become aware of any unauthorized use of your
password or any other breach of security in the App, please contact us or Your Investment Firm
immediately.
3.8. You must accept the terms of the Privacy Policy before download or use of the App.
3.9. If you do not accept the Company’s Privacy Policy and the present EULA, you must not download
or use our Product.
4. TERM, TERMINATION, UPDATES
4.1. This EULA and any Additional Terms shall become effective as of the Effective Date.
4.2. You may terminate this Agreement at any time by uninstalling the App.
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4.3. Notwithstanding the Clause 4.2. above, if You wish to close the Account, you may do so by
sending your request to mobile.feedback@tiebreak.solutions. The Company will only be
responsible for forwarding such requests to the appropriate Investment Firm. Closure of
Account are subject to each Investment Firm(s) policies and procedures.
4.4. In the event the Company suspects You are in breach of this EULA the Company shall limit,
suspend, or terminate this license and delete Your User Account and/or Login, with immediate
effect.
4.5. Upon termination of this EULA You must immediately remove the App from all devices under
Your control.
4.6. The Company reserves the right to change this EULA at any time by communicating the revised
agreement via notification either through email and/or through the App. Any revised EULA shall
become effective upon the date of such notification. If you continue to use of the App, it shall
constitute Your automatic acceptance of and consent to the terms and conditions of the revised
EULA.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
5.1. YOU AGREE THAT THE COMPANY HAS MADE NO EXPRESS WARRANTIES REGARDING THE APP
WHICH IS BEING PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
5.2. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS THE OWNER AND THE DISTRIBUTOR OF
THE APP AND DOES NOT PROVIDE OR OFFER ANY KIND OF FINANCIAL, INVESTMENT,
BROKERAGE, TRADING AND DATA FEED SERVICES AND YOU SHALL INDEMNIFY AND HOLD
HARMLESS THE COMPANY AGAINST ALL AND ANY LIABILITY ARISING OUT OF THE USE OF THE
APP WHETHER OR NOT INVOLVING A THIRD-PARTY CLAIM.
5.3. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS WITH
RESPECT TO THE APP WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-
INFRINGEMENT, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THE
COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE APP WILL ALWAYS BE
AVAILABLE AND ACCESSIBLE, THAT ITS OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE
AND ERROR-FREE OR THAT ANY COMMUNICATION WILL BE COMPLETE AND ACCURATE. NOR
DOES THE COMPANY WARRANT ANY CONNECTION TO OR TRANSMISSION OF DATA FROM THE
INTERNET, MADE THROUGH THE APP.
5.4. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ANY AND ALL RISKS ARISING OUT OF THE
USE OF THE APP TO THE MAXIMUM EXTENT PERMITTED BY LAW.
5.5. YOU ACKNOWLEDGE AND AGREE THAT THE APP IS HOSTED BY AN INVESTMENT FIRM,
INDEPENDENT FROM THE COMPANY. ALL ACTIVITIES CARRIED OUT OR RECEIVED BY YOU AND
THE APPLICABLE INVESTMENT FIRM, ARE SUBJECT TO A SEPARATE AGREEMENT BETWEEN YOU
AND THE INVESTMENT FIRM. THE COMPANY SHALL NOT BE LIABLE FOR YOUR ACTIVITIES WITH
THE INVESTMENT FIRM WHEN USING THIS APP.
4.3. Notwithstanding the Clause 4.2. above, if You wish to close the Account, you may do so by
sending your request to mobile.feedback@tiebreak.solutions. The Company will only be
responsible for forwarding such requests to the appropriate Investment Firm. Closure of
Account are subject to each Investment Firm(s) policies and procedures.
4.4. In the event the Company suspects You are in breach of this EULA the Company shall limit,
suspend, or terminate this license and delete Your User Account and/or Login, with immediate
effect.
4.5. Upon termination of this EULA You must immediately remove the App from all devices under
Your control.
4.6. The Company reserves the right to change this EULA at any time by communicating the revised
agreement via notification either through email and/or through the App. Any revised EULA shall
become effective upon the date of such notification. If you continue to use of the App, it shall
constitute Your automatic acceptance of and consent to the terms and conditions of the revised
EULA.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
5.1. YOU AGREE THAT THE COMPANY HAS MADE NO EXPRESS WARRANTIES REGARDING THE APP
WHICH IS BEING PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
5.2. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS THE OWNER AND THE DISTRIBUTOR OF
THE APP AND DOES NOT PROVIDE OR OFFER ANY KIND OF FINANCIAL, INVESTMENT,
BROKERAGE, TRADING AND DATA FEED SERVICES AND YOU SHALL INDEMNIFY AND HOLD
HARMLESS THE COMPANY AGAINST ALL AND ANY LIABILITY ARISING OUT OF THE USE OF THE
APP WHETHER OR NOT INVOLVING A THIRD-PARTY CLAIM.
5.3. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS WITH
RESPECT TO THE APP WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-
INFRINGEMENT, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THE
COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE APP WILL ALWAYS BE
AVAILABLE AND ACCESSIBLE, THAT ITS OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE
AND ERROR-FREE OR THAT ANY COMMUNICATION WILL BE COMPLETE AND ACCURATE. NOR
DOES THE COMPANY WARRANT ANY CONNECTION TO OR TRANSMISSION OF DATA FROM THE
INTERNET, MADE THROUGH THE APP.
5.4. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ANY AND ALL RISKS ARISING OUT OF THE
USE OF THE APP TO THE MAXIMUM EXTENT PERMITTED BY LAW.
5.5. YOU ACKNOWLEDGE AND AGREE THAT THE APP IS HOSTED BY AN INVESTMENT FIRM,
INDEPENDENT FROM THE COMPANY. ALL ACTIVITIES CARRIED OUT OR RECEIVED BY YOU AND
THE APPLICABLE INVESTMENT FIRM, ARE SUBJECT TO A SEPARATE AGREEMENT BETWEEN YOU
AND THE INVESTMENT FIRM. THE COMPANY SHALL NOT BE LIABLE FOR YOUR ACTIVITIES WITH
THE INVESTMENT FIRM WHEN USING THIS APP.
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5.6. NOTHING PROVIDED BY THE COMPANY AND/OR CONTAINED IN THE APP SHALL CONSTITUTE A
SOLICITATION OR OFFER BY THE COMPANY OR ITS AFFILIATES TO OFFER OR SELL ANY FINANCIAL
INSTRUMENTS. DECISIONS BASED ON THE INFORMATION CONTAINED IN THE APP ARE AT YOUR
SOLE RESPONSIBILITY. BY USING THE APP, YOU AGREE TO INDEMNIFY AND HOLD THE
COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS HARMLESS
AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, COSTS AND EXPENSES (INCLUDING BUT NOT
LIMITED TO ANY LEGAL FEES) ARISING FROM YOUR USE OF THE APP AS DEFINED WITHIN THIS
EULA , IN VIOLATION OF THE TERMS OF THE EULA AND/OR ADDITIONAL TERMS.
5.7. YOU ACKNOWLEDGE AND AGREE THAT THE APP IS PROVIDED FREE OF CHARGE AND AS SUCH
YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY ISSUES ENCOUNTERED WITH THE APP IS
TO UNINSTALL AND DISCONTINUE THE USE OF THE APP.
5.8. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES AND EMPLOYEES BE LIABLE, WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), APP LIABILITY OR ANY OTHER FORM
OF LIABILITY, FOR:
5.8.1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION ANY LOSS OR CORRUPTION OF DATA, INTERRUPTION,
COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE
THE APP;
5.8.2. ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT), ARISING
OUT OF THE USE OR INABILITY TO USE THE APP;
5.8.3. ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH:
(i) ANY DISRUPTIONS OR DELAY IN COMMUNICATION WHEN USING THE APP SOFTWARE;
(ii) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY THE COMPANY
FOR ANY REASON; OR
(iii) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE APP TO YOU.
5.9. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR
PERSONAL INJURY, DEATH, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED.
5.10.SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS AS SET
FORTH ABOVE, SO THE ABOVE EXCLUSIONS OR LIMITATIONS SHALL APPLY TO YOU IN AS FAR AS
APPLICABLE ACCORDING TO YOUR JURISDICTION. THE LIABILITY SHALL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW OF YOUR JURISDICTION.
6. INDEMNIFICATION
6.1. This Clause shall survive termination of this EULA.
6.2. YOU AGREE TO FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE COMPANY, ITS
AFFILIATES AND ITS EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,
ACTIONS, DAMAGES, LOSSES, SUITS, LIABILITIES, SETTLEMENTS, JUDGEMENTS, COSTS AND
EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND COSTS,
WHETHER OR NOT INVOLVING A THIRD PARTY CLAIM, WHICH ARISE OUT OF OR RELATE TO (A)
5.6. NOTHING PROVIDED BY THE COMPANY AND/OR CONTAINED IN THE APP SHALL CONSTITUTE A
SOLICITATION OR OFFER BY THE COMPANY OR ITS AFFILIATES TO OFFER OR SELL ANY FINANCIAL
INSTRUMENTS. DECISIONS BASED ON THE INFORMATION CONTAINED IN THE APP ARE AT YOUR
SOLE RESPONSIBILITY. BY USING THE APP, YOU AGREE TO INDEMNIFY AND HOLD THE
COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS HARMLESS
AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, COSTS AND EXPENSES (INCLUDING BUT NOT
LIMITED TO ANY LEGAL FEES) ARISING FROM YOUR USE OF THE APP AS DEFINED WITHIN THIS
EULA , IN VIOLATION OF THE TERMS OF THE EULA AND/OR ADDITIONAL TERMS.
5.7. YOU ACKNOWLEDGE AND AGREE THAT THE APP IS PROVIDED FREE OF CHARGE AND AS SUCH
YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY ISSUES ENCOUNTERED WITH THE APP IS
TO UNINSTALL AND DISCONTINUE THE USE OF THE APP.
5.8. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES AND EMPLOYEES BE LIABLE, WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), APP LIABILITY OR ANY OTHER FORM
OF LIABILITY, FOR:
5.8.1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION ANY LOSS OR CORRUPTION OF DATA, INTERRUPTION,
COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE
THE APP;
5.8.2. ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT), ARISING
OUT OF THE USE OR INABILITY TO USE THE APP;
5.8.3. ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH:
(i) ANY DISRUPTIONS OR DELAY IN COMMUNICATION WHEN USING THE APP SOFTWARE;
(ii) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY THE COMPANY
FOR ANY REASON; OR
(iii) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE APP TO YOU.
5.9. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR
PERSONAL INJURY, DEATH, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED.
5.10.SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS AS SET
FORTH ABOVE, SO THE ABOVE EXCLUSIONS OR LIMITATIONS SHALL APPLY TO YOU IN AS FAR AS
APPLICABLE ACCORDING TO YOUR JURISDICTION. THE LIABILITY SHALL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW OF YOUR JURISDICTION.
6. INDEMNIFICATION
6.1. This Clause shall survive termination of this EULA.
6.2. YOU AGREE TO FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE COMPANY, ITS
AFFILIATES AND ITS EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,
ACTIONS, DAMAGES, LOSSES, SUITS, LIABILITIES, SETTLEMENTS, JUDGEMENTS, COSTS AND
EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND COSTS,
WHETHER OR NOT INVOLVING A THIRD PARTY CLAIM, WHICH ARISE OUT OF OR RELATE TO (A)
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VIOLATION OR BREACH OF THIS EULA, OR (B) VIOLATION OR BREACH OF ANY APPLICABLE LAW
OR REGULATION OR (C) USE OR MISUSE OF THE APP.
7. MISCELLANEOUS
7.1. The terms and conditions of this EULA constitute the entire agreement between You and the
Company with respect to the App and will supersede and replace all prior arrangements.
Nothing in this clause shall exclude or restrict the liability arising out of fraud or fraudulent
misrepresentation.
7.2. If any provision under this EULA, or any part of a provision, is found by a court to be illegal,
invalid or unenforceable, and the provision or any part of it in question is not of a fundamental
nature to the EULA as a whole, the legality, validity or enforceability of the remainder of the
Agreement (including the remainder of the term which contains the relevant provision) shall not
be affected.
7.3. Failure to exercise, or delay in exercising, a right, power or remedy provided by this EULA or by
applicable law shall not constitute a waiver of that right, power or remedy, nor shall it preclude
or restrict any further exercise of that or any other right or remedy.
7.4. This agreement shall be governed by, and construed in accordance with, the law of the Republic
of Cyprus and any legal action arising under this agreement shall be subject to the exclusive
jurisdiction of the courts of the Republic of Cyprus.
7.5. In the event that this original English version of the EULA is translated into other languages, the
English version of the EULA shall prevail.
VIOLATION OR BREACH OF THIS EULA, OR (B) VIOLATION OR BREACH OF ANY APPLICABLE LAW
OR REGULATION OR (C) USE OR MISUSE OF THE APP.
7. MISCELLANEOUS
7.1. The terms and conditions of this EULA constitute the entire agreement between You and the
Company with respect to the App and will supersede and replace all prior arrangements.
Nothing in this clause shall exclude or restrict the liability arising out of fraud or fraudulent
misrepresentation.
7.2. If any provision under this EULA, or any part of a provision, is found by a court to be illegal,
invalid or unenforceable, and the provision or any part of it in question is not of a fundamental
nature to the EULA as a whole, the legality, validity or enforceability of the remainder of the
Agreement (including the remainder of the term which contains the relevant provision) shall not
be affected.
7.3. Failure to exercise, or delay in exercising, a right, power or remedy provided by this EULA or by
applicable law shall not constitute a waiver of that right, power or remedy, nor shall it preclude
or restrict any further exercise of that or any other right or remedy.
7.4. This agreement shall be governed by, and construed in accordance with, the law of the Republic
of Cyprus and any legal action arising under this agreement shall be subject to the exclusive
jurisdiction of the courts of the Republic of Cyprus.
7.5. In the event that this original English version of the EULA is translated into other languages, the
English version of the EULA shall prevail.