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MetaApi Terms and Conditions

Effective as of 17th of August 2022

MetaApi's Terms and Conditions Agreement explains the terms and conditions under which you are able to use the MetaApi Platform and other services provided by MetaApi. Please read carefully this Terms and Conditions document and keep a copy of it for your reference. BY USING METAAPI PLATFORM YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS AND CONDITIONS STATED IN THIS DOCUMENT, SO PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR PLATFORM AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH AGILIUM LABS CY Ltd, AGIOU GENNADIOU 59, OFFICE 103, STROVOLOS, 2045, NICOSIA, CYPRUS.  IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OR ACCESS OUR SERVICES. These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and MetaApi. Provisions of any individual Agreement between you and the MetaApi supersede provisions from these Terms.

1. Definitions

1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms and Conditions:

2. General Provisions

(A) Eligibility

2.1 By using our Services, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, current, and complete information where requested, and information which is otherwise compatible with these Terms, (iii) that you will not use Services contrary to these Terms or applicable laws. If you are accessing our Services on behalf of a legal entity, you further confirm that (i) you have the appropriate authorization to accept the terms of this Agreement, (ii) you have the appropriate authorization to bind such legal entity by accepting this Agreement, (iii) legal entity on behalf of whom you accept this Agreement has full power to enter into this agreement and to perform obligations as defined herein.

2.2 We may not control who uses the Platform, so it is upon you to assess whether using the Platform is in compliance with any local laws and regulations. Whenever you are using our Platform you will need to comply with the terms of this Agreement and any applicable laws, regulations and policies. If any part of the Platform is not in compliance with your local laws, you may not use the Site and the Services. Any such Service will be considered as ‘not available in your region’.

(B) Scope of the Services

2.3 MetaApi is a platform-as-a-service (PaaS) application allowing you to execute your trading accounts or related workloads on MetaApi cloud infrastructure and access it via APIs and software tools provided to you by MetaApi.

2.4 Use of Services is subject to these Terms, our policies and other terms, agreements and policies as applicable. Some Services require registration and set-up of User account with appropriate log-in credentials and connected payment method. If you are a business User, it is upon you to ensure that all individual persons authorized to access your User account are provided with the appropriate authorization and credentials. Services and Software allow you to use, access, manage and monitor the Third – Party Content and Third – Party services. Interaction with such Third – Party Content and services is regulated exclusively by the appropriate agreements executed between you and such Third – Party. You are solely responsible in securing all access rights, permissions and authorizations necessary for our provision of Services and Software to you.

2.5 MetaApi cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. MetaApi cannot and does not guarantee that its Services will be operational 100% of the time. Services may be down (i) for scheduled maintenance, (ii) force majeure events, (iii) for specific Users because of the account suspension or termination, (iv) internet problems outside of the MetaApi area of influence, (v) bugs in code, hardware or Services without a commercially known fix.

2.6 MetaApi is not responsible for accurateness, integrity, quality or appropriateness of any Third – Party Content provided through the Services. MetaApi acts as a passive conduit for the transmission and distribution of the requested Third – Party Content.

(C) Registration

2.7 When registering on our Platform or otherwise interacting with the Platform, Users are required to provide true, accurate, current and complete information about themselves as prompted by the forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the Site, parts of it or our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.

2.8 You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.

(D) Acceptable Use

2.9 You agree that you will not misuse our Services. A misuse constitutes any use, access or interference with the Site or Service contrary to this Agreement, our privacy policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Site and Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do anything of the following:

(E) Contact

2.9 If you provide us with your e-mail address, we may contact you using such contact information, for any matters relating to the Services (Service emails). These emails do not constitute “unsolicited commercial e-mail advertisements” and you are not able to opt-out of receiving them. You may opt-in to receive emails about news, promotions, special offers and or other topics of interest related to MetaApi and our affiliates (Promotional emails). You may choose to stop receiving these promotional emails at any time by following the instructions contained in Promotional emails.

2.10 If you have any questions or suggestions you can contact us at agiliumtrade@agiliumtrade.ai.

3. Intellectual Property

(A) Proprietary Rights

3.1 All intellectual property rights connected to the Site, Services, and Content are the sole property of MetaApi, or are used under appropriate licenses or permissions. Nothing in this Agreement shall be understood or intended for transfer of such intellectual property rights to you or any other third party.

3.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform provided by MetaApi. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Services; distribute, transfer, sublicense, lease, lend or rent the Services to any third party; reverse engineer, decompile or disassemble the Services; or make the functionality of the Services available to multiple users through any means. Nothing in this Agreement shall give to the User or any other person any right to access or use the source code or constitute any license of the source code. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Platform or any Service to which it connects, with or without notice and without liability to you.

3.3 Third – Party Content is provided by Third – Parties and MetaApi is in no way responsible for such Third – Party Content. Use of Third – Party Content is regulated by the respective Third – Party terms and policies and you hereby release MetaApi from any liability regarding such content. Third – Party Content may be considered proprietary and you understand and agree to abide by applicable terms and licenses awarded to you as a user of such Third – Party services.

(B) Confidential Information

3.4 During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to MetaApi and MetaApi may disclose certain Confidential Information to the users. Regarding such information both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any third party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.

(C) Notification of Infringement

3.5 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:

3.6 Our copyright agent can be reached as follows:
  • Email: agiliumtrade@agiliumtrade.ai

4. Payment and Pricing

4.1 Use of Services may be subject to applicable fees as displayed on the Site. All prices for Services are available on the Site. Unless otherwise specified on the Site all prices are shown exclusive of VAT and other applicable taxes. If the Service is listed at an incorrect price due to typographical error or systems error, we retain the right to refuse or cancel any order placed for Services listed at the incorrect price. If the payment of the incorrect price has already been made, we will return the same amount of money upon cancellation.

4.2 When registering on the Site, you can choose the method of payment. If you are paying by credit card, you must provide valid and current information necessary to process the payment. You agree and authorize us to charge your credit card for all fees payable during your use of our Services.

4.3 If for any reason we are unable to process the payment your registration will terminate immediately.

4.4 We reserve the right to change prices at any time with notification to current active Users. Such changes will not affect user’s current active Third – Party application instances before expiry of the 10-day notice period. Any new Third – Party application instance will be charged by the prices that are in effect at the moment of launching the application instance.

5. Third Party Services

5.1 The Services may be made available or accessed in connection with third party services and content (including advertising) that MetaApi does not control. You acknowledge that different Terms of Service and privacy policies may apply to your use of such Third - Party services and content. In no event shall MetaApi be responsible or liable for any products or services of such Third - Party providers.

6. Term and termination

6.1 This Agreement is effective from the Effective Date and remains effective until terminated.

6.2 Either party may terminate this Agreement at any time. User may terminate this Agreement simply by deactivating their account. MetaApi may terminate this Agreement at any time with or without reason and without notice. MetaApi may also suspend User account and prevent User from registering a new account if they breached these Terms.

6.3 User is liable to pay MetaApi all due unpaid fees for Services immediately upon termination. In the event that MetaApi is unable to collect payment from the registered payment method, you understand and agree that MetaApi may take appropriate measures to collect due amounts which may include late fees and additional expenses which shall be on the User’s account.

7. Indemnity

7.1 You will indemnify and hold harmless MetaApi, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.

8. Limitation of liability

8.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE METAAPI SERVICE IS TO STOP USING THE METAAPI SERVICES.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW METAAPI, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE METAAPI SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, EVEN IF METAAPI HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL METAAPI’S AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID METAAPI, IF ANY, THE PAST ONE MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

8.3 MetaApi, its employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Services, or any errors, in or omissions from such information. MetaApi is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Services, nor caused by the delay, malfunction of the operation or the availability of the Services. Although we strive for accuracy in the Content we provide through the Platform, we do not make any guarantee or representation as to the exactness and the accuracy of such Content.

9. Earnings Disclaimer

9.1 The information provided through the Platform is provided solely for informational, educational, or entertainment purposes. MetaApi is not a financial institution nor a financial or legal adviser. MetaApi takes no part in creation of the content and only acts as a conduit to facilitate the access to the Third – Party Content. MetaApi makes no representations, warranties, or guarantees, express or implied, regarding the results that may be obtained through the use of the Platform. Nothing displayed on the Platform or provided through the Platform may be interpreted as a promise or a guarantee of any kind, regarding your potential earnings or specific results. Before making any financial decisions MetaApi recommends that you obtain additional information and advice from accountants or other financial advisers.

10. Changes

10.1 METAAPI MAY MAKE CHANGES OR REPLACE OUR TERMS AND CONDITIONS AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON THE SITE AND INFORM YOU VIA EMAIL WHERE POSSIBLE PRIOR TO CHANGES BEING EFFECTIVE, AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS AND CONDITIONS AGREEMENT WILL TAKE EFFECT IMMEDIATELY UPON PUBLISHING ON THE SITE. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS AND CONDITIONS AGREEMENT AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED IT IN OUR SITE. THE TERMS AND CONDITIONS AGREEMENT APPLIES REGARDLESS FROM WHICH DEVICE OR OPERATING SYSTEM YOU ACCESS OUR SERVICES.

11. Governing Laws and Choice of Forum

11.1 This Agreement shall be governed by and construed under the laws of the Cyprus, without regard to its conflict of law provisions, and excluding the UN Convention on Contracts for the International Sale of Goods. You agree that if you have any dispute with MetaApi you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the non-exclusive jurisdiction of the courts in the city of Nicosia, Cyprus.

12. Final Provisions

12.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.

12.2 The section titles in the Terms are for convenience only and have no legal or contractual effect.

12.3 Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.

12.4 Neither Party may assign or transfer any right or obligation under this Agreement to a third-party without obtaining prior written consent, except to the successors in the event of merger, sale, or liquidation of the Party.