Terms and Conditions for the Sale of Forex & CFDs Expert Advisors​

1. Introduction

This Terms and Conditions Agreement ("Agreement") governs the sale and use of Forex & CFDs Expert Advisors ("EA") provided by Eller Trading Group Inc., acting under the trade name Prosperity Algo Solutions ("the Seller"). By purchasing, installing, or using the EA, you ("the Buyer") agree to abide by the terms outlined in this Agreement. If you do not agree to these terms, you should not purchase or use the EA.

2. Definition of Expert Advisors

An Expert Advisor ("EA") is a software tool that is designed to automate the placement and management of trades on behalf of the Buyer via a brokerage platform. The EA operates based on pre-defined parameters or algorithms, making decisions without direct human intervention. The Buyer is responsible for configuring the EA to suit their trading strategy.

3. No Financial or Investment Advice

The EA is provided as a tool to assist the Buyer in managing their own trading account. The Buyer acknowledges that they are in full control of their trading decisions and investments. The Seller does not provide any financial, investment, or trading advice. The Buyer should consult with a licensed financial advisor before making any financial decisions.

4. No Guarantee of Profits

The Buyer acknowledges that Forex and Contracts for Difference ("CFDs") trading is highly speculative and may result in significant financial losses. The Seller makes no guarantees, promises, or assurances that the EA will be profitable or that it will meet the Buyer’s expectations or financial objectives.

5. Use at Your Own Risk

The EA is provided on an "as-is" and "as-available" basis. The Buyer uses the EA entirely at their own risk. The Seller disclaims all liability for any financial losses or damages incurred as a result of using the EA, including but not limited to direct, indirect, incidental, or consequential losses.

6. Indemnification and Waiver of Legal Action

The Buyer agrees to indemnify, defend, and hold harmless the Seller, its affiliates, employees, agents, and contractors from any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to the Buyer's use of the EA, including but not limited to:

• Any financial losses resulting from the use of the EA.

• Any legal or regulatory issues arising from the Buyer's trading activities.

• Any misuse of the EA by the Buyer or third parties.

By accepting this Agreement, the Buyer also expressly waives any and all rights to legal action or claims against the Seller related to the use, performance, or non-performance of the EA. This waiver applies to any cause of action, whether in contract, tort, or otherwise.

7. No Warranty

The EA is provided without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. The Seller does not guarantee the accuracy or reliability of any signals or results generated by the EA.

8. Limitation of Liability

In no event shall the Seller be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profits, trading losses, or data, arising out of or in connection with the use of the EA, even if the Seller has been advised of the possibility of such damages. The Seller’s total liability under this Agreement shall not exceed the amount paid by the Buyer for the EA.

9. Compliance with Laws

The Buyer agrees to comply with all applicable laws, regulations, and rules governing their trading activities. The Buyer acknowledges that Forex and CFDs trading may be restricted or regulated in certain jurisdictions, and it is their sole responsibility to ensure compliance with such laws.

10. Refund Policy

All sales of the EA are final. The Buyer acknowledges that no refunds will be issued for any reason, including but not limited to dissatisfaction with the performance of the EA or financial losses incurred. The EA is provided on a monthly subscription basis. Monthly payments, once made, are non-refundable. However, the Buyer may cancel the subscription at any time, with the cancellation taking effect from the next billing cycle. No further charges will be made after cancellation, but no partial refunds will be given for the remaining period of the current billing cycle.

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11. Device-Specific License
Each subscription to the EA grants the Buyer a single-device, non-transferable license. The EA may only be activated and used on one designated device per subscription. The Buyer acknowledges that any attempt to transfer, share, or use the EA on multiple devices under a single subscription is strictly prohibited. To use the EA on additional devices, the Buyer must purchase a separate subscription for each device.

12. Termination

The Seller reserves the right to terminate the Buyer’s access to the EA at any time without notice if the Buyer violates any terms of this Agreement.

13. Changes to the Agreement

The Seller reserves the right to modify or update this Agreement at any time without prior notice. The Buyer’s continued use of the EA after any changes to this Agreement constitutes acceptance of the revised terms.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Ontario, Canada. Any disputes arising out of or related to this Agreement shall be resolved in the courts of Ontario.

15. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

This Agreement constitutes the entire understanding between the Seller and the Buyer regarding the sale and use of the EA and supersedes any prior agreements or understandings, whether written or oral.

By purchasing or using the EA, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions, including the waiver of all rights to legal action.

 

Eller Trading Group Inc., trading as Prosperity Algo Solutions
Date: 2024.09.16

Version: 1.4