EN

Terms and Conditions

November 29, 2020 Version: 1.0

The present Terms and Conditions (hereinafter - the “Terms”) regulate the relationship between you (“you”, the “Client”) and 4XDEV, the company duly registered under the laws of Canada (hereinafter the “Company”, “we”, “us”, “our”) associated with your use of the website 4xdev.com (hereinafter the “Website”), as well as any information, product and services available thereon.

Please read the Terms carefully before using the Website, purchasing any products, or accessing any services available thereon. By using the Website you explicitly confirm that you have read, understand and agree to be bound by any and all of the terms and conditions set forth herein. If you find unacceptable for you any of the terms and conditions set forth herein, you shall immediately cease using the Website, the services, and abstain from purchasing the products.

All collective terms are interchangeable in both singular and plural versions.

Definitions

For the purpose of this Terms, the following definitions should be applied:

  • Deliverables - the final results of the services rendered by the Company, including any files and materials provided by the Company to the Client upon rendering the services.
  • Products - any trading tools offered by the Company via the Website.
  • Services - trading software development and modification services offered by the Company directly or by engaging third party subcontractors. The Services may include, inter alia, creation of custom trading tools, indicators and scripts; as well as testing and improving existing tools provided by the Client; conversion of such tools into various formats, etc. The term “Services” also includes any other software development or modification services offered by the Company.

General Terms

  • By using the Website, the Services available thereon, and/or by purchasing the Products offered by the Company, you explicitly confirm that you have reached 18 years old, or another age as applicable in your country.
  • It is your sole responsibility to ensure the information, Products and Services offered on the Website are legal in your country.
  • If you are going to use the Website or the Services, or purchase the Products on behalf of a legal entity, you represent and warrant that you have the ability to agree with these Terms on behalf of that legal entity.
  • When using the Website, you may be asked to provide your personal information, in case if it is necessary for us to provide our Services. Please find out how we collect, store and process your data in our Privacy Policy.

Products

  • When using the Website, you may purchase various Products offered by the Company.
  • Please study carefully all the information about the Product before purchasing it. You may also contact our support team to obtain additional information or clarifications reading the Product before purchasing it.
  • When confirming the purchase, you will be redirected to the secured page managed by the third party payment processor. The Company shall not be responsible for any actions performed on the payment page, as well as for any consequences thereof.
  • The amount paid for the Product is non-refundable.
  • Should you face any issues when using the Products, please contact our support team via the email address: info@4xdev.com.

Submissions

  • When applying for the Services, you will have to provide the Company with the information in a form of a text, source code, algorithm, scheme, method, oral description, or in any other form (hereinafter the “Materials”) reasonably necessary to provide the Services. The Company may require you to provide additional information.
  • By submitting any files or materials you explicitly confirm you have all necessary rights to do so. You shall not submit any files and materials you are not allowed to transmit, or for which you have reasonable doubts regarding your intellectual property rights.
  • You shall not submit any files that contain trojans, viruses, or could otherwise impact the normal operations of the Website or our systems.
  • The relationships between you and the Company regarding the development services are falling outside the scope of the present Terms and should be regulated by a separate software development agreement.

Services

  • The Services offered by the Company include, but not limited to, custom software development, software modification and improvement, IT consulting services.
  • In case you are seeking development services, you may submit your request using the appropriate contact form. To order the Services, you have to submit a request containing your name and email, and provide the Company with a detailed description of the intended purpose of requested Deliverables, as well as with the Materials reasonably necessary for the Company to render the Services.
  • After reaching the mutual consent on all significant terms, the Company shall send you a statement of work (hereinafter the “Statement of Work” or “SOW”) containing the information on the particular Services ordered, the description of Materials you shall provide and the Deliverables to be provided by the Company, and any other terms and conditions.
  • The total amount of remuneration payable by you to the Company, as well as additional terms related to payment obligations, shall be mutually agreed and specified in each particular SOW.
  • By paying the amount specified in SOW, you explicitly confirm and provide your consent with all terms and conditions specified therein.
  • The Company shall provide you with the Deliverables described in the appropriate SOW within the terms specified therein, unless otherwise additionally agreed by the Company and the Client. In case of delay, the Company shall notify you about such delays and inform you about the expected term the Deliverables would be provided.
  • The Company reserves the right to implement certain deviations from SOW, providing that such deviations are reasonably necessary to achieve the intended results.
  • Should the Company identify at any steps that the intended results could not be achieved, the Company would inform you without undue delay.
  • The Deliverables provided to you should be accompanied by the information on particular actions performed, the results achieved, and the amount to be paid by you to the Company in case if it was agreed in advance to pay in instalments.
  • Upon the receiving of the Deliverables, you may either provide your reasonable objections or confirm the acceptance of services provided. Reasonable objections should be provided within 14 (fourteen) calendar dates from the date the Company dispatched the Deliverables to you. Otherwise, the Services would be deemed as duly provided, and the Company would no longer accept any claims.
  • The Deliverables sent via email should be deemed provided on the day of being sent by the Company.

Intellectual Property Rights

  • All materials available on the Website are provided for informational purposes only and intended to be used for personal and non-commercial use.
  • The Company remains the sole owner of all intellectual property rights in all objects available on the Website including but not limited to articles, educational materials, images, trademarks (irrespectively of their current legal status), names, logos, Products, unless otherwise explicitly stated herein.
  • The materials and Products provided by third parties belong to their respective owners. The information about the owners of the materials and Products could be found on the appropriate pages.
  • The Client is not allowed to:
    • copy, systematically download, crawl or otherwise collect information placed on the Websites,
    • modify, amend, alter, reprocess the information placed on the Website and reproduce or make it available to any third parties in any other way without the prior written consent of the Company,
    • use the Products, the Website and any information or materials placed therein for any commercial purpose or in connection with any business activity without the prior written consent of the Company,
    • modify, reverse engineer, decompile the Products, or remove the copyrights and trademarks,
    • resell any Products, or make them available to third parties in any other way,
    • take any actions aimed at unauthorised access to the Products or other content of the Website,
    • frame or mirror any portion of the Website.
  • Should you become aware of any attempts to use the information and Products that belong to the Company without authorisation, you may inform the Company about such cases using the appropriate contact email.
  • By providing any unsolicited ideas, feedback or suggestions regarding the content of the Websites, the information or materials placed therein, and also regarding the Products offered by the Company, you explicitly transfer us irrevocably, royalty-free, perpetually, worldwide, and exclusively all the intellectual property rights associated thereto.

Limitations of Liability

  • To the extent permitted by applicable law, in no event shall the Company, its affiliates, directors, employees, licensors or partners, be liable to you for any loss of profits, use, data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from the use, disclosure, or display of the content; your use or inability to use the Website; your use of the Deliverables received from the Company as the result of the Services; your use of the Products purchased via the Website; the Website in general or the software or systems that make it available; or any there interaction whether based on warranty, contract, tort (including negligence), or any other legal fact, and whether or not we have been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimers

  • Trading on financial markets is associated with a high risk of incurring financial losses. In some cases, your actual losses may exceed your initial investments. You shall always consider your attitude to risk and avoid trading with money you cannot afford to lose.
  • The Company shall not be found liable for any direct or indirect losses or damages caused when using the information provided on the Websites or the Products.
  • All information placed on the Website is provided for general educational purposes only and should not be construed as any investment recommendations or solicitation of any trading operations whatsoever. You should not rely on any information placed on the Website when making trading or investment decisions.
  • The access to the Website and any information placed thereon is provided on the “as is” basis.
  • The Company does not make any representations and warranties regarding the suitability, accuracy, and reliability of any information placed on the Website.
  • The Company does not guarantee the uninterrupted performance of the Website.
  • The Products offered via the Website are provided on an “as is” basis. The Company does not make any representations and warranties regarding the actual performance of the Products, their error-free operations and suitability for your particular purposes.
  • To the extent permitted by applicable law, in no event shall the Company, its affiliates, employees, subcontractors or partners be liable for any loss of profits, use, data, or for any incidental, indirect, special, consequential or exemplary damages incurred by the Client when using the Products, the Website, or any information and materials placed therein.
  • The Websites may contain links to third-party websites. The Company shall not be responsible for any information or services provided via such links.

Applicable Laws and Dispute Resolution

  • These Terms should be construed under the laws of the Province of Ontario, Canada.
  • Any disputes arising from the present Terms should be settled via friendly negotiations.
  • The disputes that could not be solved amicably should be finally resolved by the courts of the Province of Ontario, Canada.

Miscellaneous

  • The Company reserves the right to modify these Terms at any time without prior consent. It is your sole responsibility to check this page from time to time to be aware of the latest changes. All changes become effective immediately upon being published. By continuing the use of the Website after the changes, you explicitly provide your consent with the amended terms.
  • Should you disagree with any of the provisions set forth herein, you shall immediately cease using the Website, the Products or any of the services offered by the Company.
  • The Company reserves the right to suspend the operations of the Website at any time without prior notice.
  • Should any of the provisions set forth herein be found invalid, this shall not affect the validity of the remaining provisions.
  • The Company reserves the right to delegate any of its rights and obligations under these Terms to any person or entity at any time. In particular, the Company entitled to engage third party subcontractors to provide the Services or the Products.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

If you still have any questions regarding these Terms or about the Company, please contact us by email at info@4xdev.com.