Terms & Conditions
User End Agreement
This User End Agreement ("Agreement") is entered into between Empera-Trade ("Company") and the user ("User") for the use of [Your Trading Indicator Name] ("Indicator") provided by the Company through the TradingView platform ("Platform"). This Agreement governs the terms and conditions of the User's access to and use of the Indicator. By using the Indicator, the User agrees to be bound by the terms of this Agreement.
1.1 License: Subject to the terms and conditions of this Agreement, the Company grants the User a limited, non-exclusive, non-transferable license to access and use the Indicator solely for personal or internal business purposes.
1.2 Restrictions: The User shall not, directly or indirectly:
(a) Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Indicator;
(b) Use the Indicator for any illegal, unauthorized, or fraudulent purposes;
(c) Reproduce, distribute, publicly display, or transmit the Indicator to any third party;
(d) Remove any copyright or proprietary notices from the Indicator;
(e) Attempt to gain unauthorized access to the Indicator, Platform, or Company's systems;
(f) Use the Indicator in a manner that infringes upon the rights of any third party.
Subscription and Payment
2.1 Subscription: The User agrees to pay Empera-Trade a subscription fee as specified on the Platform for the chosen subscription plan (monthly, halfyearly, or yearly).
2.2 Payment Terms: The User authorizes Empera-Trade to charge the subscription fee using the payment method specified on the Platform. The subscription fee is non-refundable, and the User is responsible for all applicable taxes related to the use of the Indicator.
2.3 Automatic Renewal: Unless the User cancels the subscription before the renewal date, the subscription will automatically renew for the same duration and at the then-current subscription fee. The User agrees to be responsible for any fees associated with the automatic renewal.
2.4 Termination: The User may cancel the subscription at any time, but no refunds will be provided for any unused portion of the subscription period.
3.1 Ownership: Empera-Trade retains all right, title, and interest in and to the Indicator, including all intellectual property rights. This Agreement does not grant the User any ownership rights or licenses, except as expressly stated herein.
3.2 Feedback: The User may provide feedback or suggestions to Empera-Trade regarding the Indicator. Empera-Trade may freely use, modify, and incorporate such feedback without any obligation or compensation to the User.
Disclaimer of Warranty
THE INDICATOR IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. EMPERA-TRADE DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMPERA-TRADE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INDICATOR, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EMPERA-TRADE'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY THE USER TO EMPERA-TRADE FOR THE INDICATOR IN THE SIX MONTHS PRECEDING THE CLAIM.
Term and Termination
This Agreement shall remain in effect until terminated by either party. Empera-Trade may terminate this Agreement immediately and without notice in the event of
7.1 No Financial or Investment Advice: The Company does not provide financial or investment advice. The Indicator is intended for informational and educational purposes only. The User acknowledges and understands that trading in financial markets involves substantial risk, and the User is solely responsible for any trading decisions and the consequences thereof.
7.2 Disclaimer of Losses: The Company shall not be held liable for any losses, damages, or expenses incurred by the User as a result of using the Indicator or relying on any information provided by the Indicator. The User acknowledges and accepts that trading involves inherent risks, including the risk of financial loss, and the User assumes full responsibility for any such risks.
7.3 Indemnification: The User agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and affiliates from any claims, liabilities, losses, damages, costs, or expenses (including reasonable attorney's fees) arising out of or in connection with the User's use of the Indicator or any violation of this Agreement.
7.4 No Waiver: The failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision or the right to enforce it.
7.5 Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired.
7.6 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].
7.7 Entire Agreement: This Agreement constitutes the entire agreement between the Company and the User regarding the use of the Indicator and supersedes any prior or contemporaneous agreements, understandings, or representations, whether oral or written.
By using the Indicator, the User acknowledges that they have read, understood, and agreed to be bound by the terms and conditions of this User End Agreement.