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End-User Agreement

Last updated: 14.02.2024

This End-User Agreement (“Agreement”) is a legal agreement between You, the End-User, (acting on Your own or on behalf of a legal entity) and Devexperts Solutions IE Limited, incorporated under the laws of Ireland (“Devexperts”, “We”), both jointly referred to hereinafter as “Parties” or individually as “Party”, regarding Your usage of the Platform provided by Devexperts. Please read carefully this Agreement before using the Platform. By using the Platform, You agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not use the Platform.

Devexperts reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms and conditions, at any time without notice. Please note that it is your responsibility to review it to ensure you understand the provisions which will apply at that time.

Definitions

Access: means the admission to the Platform and such access is granted by Your Broker;

Affiliate: means an entity or person, which directly or indirectly controls, is controlled by or is under common Control with the applicable Party;

Broker: refers to broker, trader or other financial firm or any other type of entity that use Our Platform to provide trading or similar services to end-users like You under the separate terms;

Control: means control which an entity or person has over an Affiliate and any of the following: (a) direct or indirect ownership of more than 50% (fifty per cent) of the share capital or other ownership interest in any other entity; or (b) the right to exercise more than 50% (fifty per cent) of the votes in any other entity; or (c) the contractual right to designate more than half of the members of such entity’s board of directors or similar executive body;

End-User: means You, one single identified individual (either You are a natural person or a Company);

Platform: means DXtrade which is the Web and Mobile trading user applications that You have Access.

Services
Devexperts grants You the non-exclusive, non-assignable, non-transferrable, worldwide, term-limited right to Access the Platform in accordance with the terms and conditions set between You and Your Broker, subject also to the specifications and restriction set forth in this Agreement. Each Access concerns one single End-User.

Restrictions
You agree not to:

  • decompile or disassemble the Platform, separate the Platform into parts, or in any way attempt to reverse engineer, reconstruct or discover any source code or algorithms of the Platform by any means whatsoever;
  • gain (or attempt to gain) access to any software or information that has not been made available to You either by your Broker or Us;
  • remove any product identification trademark, Devexperts logo (if any), name, copyright, confidentiality, proprietary or other notice contained on or within the Platform;
  • sell, loan, assign, convey, rent, sublicense or otherwise transfer the Platform;
  • integrate the Platform with any other software;
  • translate, modify or create any derivative works from the Platform;
  • otherwise copy or use the Platform for any purpose or in any manner not expressly permitted in this Agreement;
  • publish or otherwise make available to any third party or employees any benchmark testing information or results related to Platform without prior written consent of Devexperts;
  • Use Services to:
    • defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    • engage in activity that is false or misleading or that is harmful to Us, others (including children), or Services (e.g., transmitting viruses, communicating hate speech, or advocating violence against others);
    • share inappropriate content, advertising, spam, spyware or malware;
  • knowingly permit or encourage any third party to do any of the foregoing.

The violation of any of the Restrictions set hereinabove shall be deemed as a material breach of this Agreement and Devexperts may immediately terminate it, notwithstanding the remedies available by law or in this Agreement.

Personal Data provision

We may process Your personal data when You use the Platform. In such case You agree that Devexperts and its Affiliates may process Your personal data as a Processor in accordance to the Privacy Policy (“Privacy Policy”) of Your Broker. Devexperts will process your personal data in accordance with the direct instructions provided by the Controller – Your Broker. Thus, any claims arising from this processing shall be directly addressed to Your Broker.

Data and Analytics

You expressly grant Devexperts the right to analyze aggregated and anonymized data associated with the use of the Platform for the purpose of improvement and enhancement of our Platform.

Technical support

Devexperts reserves the right to update and/ or upgrade, from time to time, the Platform in order to provide the Access in accordance with this Agreement. You acknowledge that during the execution of any occasional work to upgrade and/or update the Platform, it may involve that the same to be offline or may be operating at reduced capacity. Nevertheless, Devexperts will use all commercially reasonable efforts to make the Platform available.

Intellectual Property Rights

The Platform and all worldwide copyrights, trade secrets, and other Intellectual Property Rights therein are the exclusive property of Devexperts. Devexperts reserves all rights in and to the Platform. You shall be allowed to use the Platform only within the scope of rights expressly granted to You in this Agreement. No license of any kind is granted herein.

You acknowledge that Devexperts shall retain ownership of all rights, title and interest in and to all Intellectual Property Rights of the Platform itself or those embodied in the Platform (

Hence, You shall not amend, alter, modify, or create derivative works based on or derived from the Platform.

DISCLAIMER OF WARRANTIES AND LIABILITY LIMITATIONS

Each Party represents and warrants that it has the right and authority to enter into this Agreement, and that by entering into this Agreement, it will not violate, conflict with or cause a material default under any other contract, agreement, indenture, decree, judgment, undertaking, conveyance, lien or encumbrance to which it is a party or by which it or any of its property is or may become subject or bound.

TO THE EXTENT NOT PROHIBITED BY LAW, THE ABOVEMENTIONED WARRANTIES ARE EXCLUSIVE FROM DEVEXPERTS’S SIDE. DEVEXPERTS PROVIDES THE PLATFORM ON “AS IS” BASIS. DEVEXPERTS DOES NOT GUARANTEE THAT PLATFORM WILL BE ERROR-FREE OR WORK WITH NO INTERRUPTIONS, OR THAT DEVEXPERTS WILL CORRECT ALL PLATFORM ERRORS. YOU ALSO ACKNOWLEDGE THAT DEVEXPERTS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. DEVEXPERTS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, NEITHER IS DEVEXPERTS RESPONSIBLE FOR ANY OF THE ABOVEMENTIONED INHERENT TO YOUR COMMUNICATION FACILITIES. DEVEXPERTS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

THERE IS ALSO NO WARRANTY OR LIABILTY FOR FUNCTIONALITIES, ACCURACY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF THE CONTENT OF THE PLATFORM, NAMELY THE DATA (INCLUDING ANY EXCHANGE INFORMATION, DOCUMENTS, SPECIFICATIONS, SOFTWARE OR TECHNOLOGY).  PLATFORM’S CONTENT IS SOLELY BROKER’S RESPONSIBILITY. PLATFORM’S CONTENT SHALL NOT BE CONSIDERED AS TRADING ADVICE. ALL CONTENTS ARE WITHOUT WARRANTY. LIABILITY FOR DAMAGES INCURRED DUE TO THE PUBLISHED CONTENTS IS EXCLUDED.

IN NO EVENT SHALL DEVEXPERTS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND CONSULTANTS, AS WELL AS THIRD PARTY PROVIDERS AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS AND LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION AND THE LIKE) WHETHER OR NOT DEVEXPERTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT.

DEVEXPERTS IS A SOFTWARE COMPANY THAT PROVIDES SOFTWARE PRODUCTS AND SERVICES. HENCE, DEVEXPERTS DOES NOT PROVIDE ANY INVESTMENT OR BROKERAGE SERVICES. DEVEXPERTS DOES NOT ASSUME RESPONSIBILITY AND EXPRESSLY DISCLAIMS LIABILITY FOR LOSS, DAMAGE, INJURY OR EXPENSE ARISING OUT OF OR IN ANY CONNECTED WITH THIS AGREEMENT, NAMELY DUE TO ANY BREACH CONCERNING DATA PROTECTION LAW,  INTELLECTUAL PROPERTY INFRINGEMENT, COMPLIANCE BY THE BROKER OR ITS THIRD PARTY PROVIDERS WITH ANY APPLICABLE LAW OR REGULATIONS, EXCLUDING THE EXCEPTION REFERRED TO IN PARAGRAPH “INDEMNIFICATION”. YOU SHALL SEEK ANY DAMAGES OR OTHER COMPENSATION FROM YOUR BROKER, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET THEREIN.

Indemnification

You shall indemnify and hold Devexperts, its owners, officers, directors, employees, Affiliates and consultants harmless from and against all and any loss, liability, damage, claim, cost and expense (including without limitation attorneys’ fees and reasonable legal expenses) (“Losses”) whether or not involving a third party claim, which arise out of or in relation to any Your misuse of the Platform or use in breach of the Agreement. 

Devexperts warrants and represents that Platform does not infringe any patent or copyright of a third party and shall indemnify and hold You harmless from any Losses to the extent arising out of or in connection with any claim that the Platform, when used in accordance with this Agreement, infringe any Intellectual Property Rights of any third party.

Termination

This Agreement shall remain in effect until terminated by You by not using the Platform or by Devexperts. Upon termination of this Agreement, You shall cease all use of the Platform.

This Agreement shall be deemed to be automatically terminated whenever the agreement is terminated between Devexperts and Your Broker. Devexperts also reserves the right to terminate this Agreement if mandated by Your Broker, without incurring in any liability.

Notwithstanding the abovementioned, Devexperts may terminate or suspend the Agreement or the Access to the Platform (fully or partially) to You, without incurring any resulting obligation or liability, if (a) We receive a judicial or other authorities demand or order, subpoena, regulations or law enforcement request that expressly or by reasonable implication requires Us to do so; or (b) Devexperts believes, in its good faith and reasonable sole discretion, that: (i) Your Broker has breached the terms of agreement with Devexperts or You have breached this Agreement or Your Broker or You have acted in any manner that does not comply with any material instruction or requirement of Devexperts; (ii) Your Broker or You have been, or likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with our Platform, (iii) content used or made available through or Platform or any trading practices are fraudulent, against law or violates any regulations.

Devexperts reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. Devexperts shall not be liable to You or to any third-party for any modification, suspension or discontinuance of the Platform. This Agreement will be suspended or terminated immediately, without prior notice from Devexperts, in the event that You fail to comply with any provision of this Agreement.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

General provisions

Devexperts reserves the right, at its sole discretion, to modify or replace this Agreement at any time.

If We revised this Agreement, the new version shall become effective on the following day of such publication.

This Agreement constitutes the entire agreement between You and Devexperts and governs Your use of the Platform, superseding any prior agreements between You and Devexperts (including, but not limited to, any prior versions of the Agreement).

You agree that this Agreement and Your use of Platform are governed by the Rules of the London Court of International Arbitration (“LCIA”, and the rules, “LCIA Rules”). Any dispute will be heard by three (3) arbitrators appointed in accordance with the LCIA Rules. The seat of arbitration will be London, England. The language of the arbitral proceedings will be English. No arbitration proceeding shall be consolidated with, or joined in any way with, any other arbitration proceeding. The arbitration decision shall be final and binding. The Parties agree that each may bring claims to the other only in their individual capacity and not as plaintiff of class member in any purported class or representative action.

Please check the terms and conditions of Your Broker in detail. For any and all questions and claims related to trading services, content made available on and through the Platform and any other related queries, please contact directly Your Broker.

Please send any questions about this Agreement to intdev@devexperts.com.