TERMS OF CONDITIONS
System Fees
The current system fee plan is based off a High Watermark model, you are only charged 30% of all net profits. This means payment is only required when the overall profit surpasses the previous high. An invoice will be sent to you every 30 days. You must pay the outstanding amount within 24 hours or your trading account will be disconnected from our servers. NO Trader (the company) and its owners may offer its users access to the Services through various annual or other subscription plans (“Plans”). The Plans may be offered in different rates and may include subscription fee calculated as a certain percentage out of the amount invested through the Services, performance based fee calculated as a certain percentage out of the amount earned by you though the Services and other fees which may be incurred from time to time (the “Fees”), all of which are detailed and presented to you here, upon enrolment to the Services on system’s website, provided that these Fees may be updated by NO Trader’s owners from time to time. Access to the system and use of selected features of these Services is subject to timely payment of applicable fees. NO Trader reserves the right to terminate your use of the Services in case of any failure on your part to timely pay any Fees due by you to the system. NO Trader may, at its sole discretion, add, remove or change the features and services the system offers or the Fees (including the amount or the type of Fees) the system charges at any time. You agree that you are responsible for checking the system’s website regularly to confirm whether there are any new Fees and their effective date(s). The Company is not responsible for any charges or expenses you incur as a result from being billed by the system in accordance with these Terms. All Fees payable by you are exclusive of any applicable taxes and duties, including, without limitation, VAT, GST and applicable sales tax. Fees are quoted and payable in Crypto currencies or United States dollars, and Fees are based on services purchased and not actual usage. Payment Processing. You represent and warrant that all payment and billing information provided is (and will remain) complete and accurate, and you have obtained all necessary consents to enable the necessary payment method. If applicable to the payment method, payment of Fees may be processed through a third-party payment processing service (which will receive and process your billing information), and additional terms may apply to such payments. You authorize the system (and/or NO Trader’s designee) to: (a) request and collect payment (and to otherwise take other billing actions, such as refunds) from you on a recurring basis; and (b) make any inquiries we deem necessary, from time to time, to validate your designated payment method or financial information, in order to ensure timely payment of Fees (including, but not limited to, for the purpose of receiving updated payment details from your payment).
System Refund Policy
You may file a request for a refund with NO Trader or the system may initiate a refund, in its sole discretion, in the following events: you did not activate a trading strategy in your Account within the first 14 days since your subscription to the Services; You transferred to the system higher Fees than you should have (according to the Plan you subscribed to); the system did not activate a trading strategy for more than 20 consecutive days, for reasons originated with the system.
Indemnity
You agree to defend, indemnify and hold NO Trader, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your use of, contribution to or connection with the Services; your violation of any term of these Terms; and/or your violation of any rights of another including without limitation any copyright, property, or privacy right; any claim that any user submission made by you has caused damage to a third party; any content published by you through No Trader’s Communication Channels and/or otherwise NO Trader reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section, and in such case, you agree to cooperate with all reasonable requests in assisting NO Trader’s defence of such matter.
Services Modifications/Suspensions
NO Trader reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that NO Trader shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any loss or damage that may occur out of such actions by the system.
Termination
NO Trader at its sole discretion, may terminate your Account and/or your right to use the Services, at any time for any reason or no reason, including, without limitation for, a suspected violation of these Terms, illegal or improper use of your Account, or illegal or improper use of the Services (including, without limitation, Account/Login Information Sharing), or the Company’s intellectual property as determined by the Company in its sole discretion. If you have more than one Account, the Company may terminate all of your Accounts. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate any further access to the Services. Further, you agree that the Company shall not be liable to you or any third party for any damage that may result from the termination of your right to use or otherwise access the Services. If your Account is terminated or suspended, no refund will be granted, no benefits will be credited to you or converted to cash or other forms of reimbursement. All provisions of this Terms that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
Disclaimer of Warranties
You acknowledge and agree that your use of or access to the Services and/or any materials and/or services, if any, offered by the Company shall be at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions made by you in reliance on the Services or any part thereof. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents hereby expressly disclaims all warranties of any kind, explicit or implied, in connection with the Services and your use thereof, including, but not limited to, implied warranties of merchantability, profitability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. The Company makes no warranties or representations about the accuracy or completeness of the Services, of the content of any sites linked to the Services, of any Third Party Materials and that: (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results (financial and/or otherwise) that may be obtained from the use of the Services will be accurate, reliable and/or profitable, or (iv) any errors in the Services will be corrected. Further, the Company assumes no liability or responsibility for: any errors, mistakes, inaccuracies, non-suitability or non-conformity of any content; any direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Website; any unauthorized access to or use of Third Party Materials, secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from the Website; any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Website. any glitches, errors, functionality, change of regulation of any cryptocurrency exchange (such as Binance, Bybit, Mexc, OKX, etc.) linked to the Services or being used by the Services, and/or any loses that may occur to you as a result of it.
Limitation of Liability
WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, CONSULTANTS AND/OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON, UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TERMS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) ANY MATTERS BEYOND THE COMPANY’S REASONABLE CONTROL. THE COMPANY SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. THE COMPANY’S LIABILITY FOR ANY DAMAGES OR CLAIMS OF ANY KIND, SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO THE COMPANY DURING A 12 MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
Release
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE THE COMPANY, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, CONSULTANTS, CO-BRANDERS, PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES (INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFIT INCURRED), LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH THE SERVICES OR YOUR ACCESS AND USE OF THE SERVICES.
