Last Updated: 25.07.2023
Risk Warning. Our service includes products that are traded on margin and carry a risk of losses above your deposited funds. The products may not be suitable for all investors. Please ensure that you fully understand the risks involved.
1. Acceptance of These Terms
1.2 You acknowledge that this Agreement is a contract between You and the Company, even though it is electronic and is not physically signed by the Parties.
1.3 You represent that You have the authority and capacity to enter into these Terms. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
1.4 If You do not have such authority, or IF YOU DO NOT AGREE TO ALL OR ANY PART OF THE PROVISION OF THESE TERMS, THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE WEBSITE OR USE ANY SERVICES. You must stop using this Website and its Services immediately.
1.5 Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules may be incorporated by reference into these Terms.
1.6 Any future release, update, or other addition to current functionality, new features, products, services, or tools that are added to the current Website shall also be subject to these Terms of Service.
2. Service Terms
2.1 Age Requirements. BY ACCESSING THE WEBSITE AND/OR USING OUR SERVICES, YOU REPRESENT THAT YOU ARE OVER THE AGE OF 18 OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION WHICHEVER IS GREATER. The Company does not permit minors and those under 18 to use the Website and its Services.
2.2 Use Restrictions. Except as otherwise expressly authorized in these Terms, you will not, and will not encourage or assist third parties to:
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, or underlying structure, ideas, know-how, or algorithms relevant to the Services (except to the extent that such a restriction is impermissible under applicable law);
- access the Site to build a similar or competitive website;
- provide, sell, resell, transfer, sublicense, lend, distribute, rent, or otherwise allow others to access or commercially use the Services;
- reproduce, duplicate, copy, modify, create derivative works of, or remove proprietary notices from the Services;
- create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Website without prior approval and express written permission;
- use this Website in any way that is or may be damaging to this Website or imposes an unreasonably or disproportionately large load on our infrastructure, overburden any FXSSI server, or any network connected to any FXSSI server, or disrupts the functioning of our systems or Service;
- use this Website in any way that impacts user access to this Website;
- use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy, mine, extract or harvest data from any part of our sites, or to collect or track the personal information of others;
- attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any FXSSI server or the Website, through hacking, password mining, or any other means not intentionally made available through the Website;
- use this Website to interfere with or circumvent the security features of the Service or any related website, other websites;
- use our Services for any illegal or unauthorized purpose, violate any laws in your jurisdiction (including but not limited to copyright laws), to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances, or to solicit others to perform or participate in any unlawful acts;
- use the account, username, or password of another Member at any time or disclose your password to any third party or permitting any third party to access your account;
- use this Website in any way that is or may be damaging to any person or business entity;
- use this Website to engage in any advertising or marketing.
A breach or violation of any of the restrictions will result in an immediate termination of your Services. FXSSI may restrict access by you to any areas of this Website, at any time, at absolute discretion.
2.3 Feedback; Use Rights. We welcome feedback, comments, and suggestions (“Feedback”). As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all rights, title, and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all “moral rights” that you might have in such Feedback, and you hereby forever waive and agree never to assert any and all “moral rights” you may have in the Feedback. Additionally, FXSSI will have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services, and related systems and technologies, and FXSSI will be free to use such data and information to maintain, improve, and enhance our products and services.
2.4 License. Company grants You a non-transferable, non-exclusive, non-sublicensable, revocable, limited license to access the Site solely for Your own personal, noncommercial use worldwide (except for jurisdictions whose laws do not permit the use of the Services) subjected to restrictions set in these Terms. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Company trademarks.
2.5 Responsibility of visitors. The information and products placed on this Website should not be distributed or used by any person in any country where such distribution or usage are prohibited or would be contrary to local laws and/or regulations. Nothing on the Website shall be considered a solicitation to buy or an offer to sell any product or service to any person in any jurisdiction where such offer, solicitation, purchase, or sale would be unlawful under the laws of such jurisdiction. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2.6 Changes to the Site, Product, Or Tools. The company reserves the right to change, suspend, or cease the Site for indefinite periods or cancel the service at any time with or without notice to you. You approved that the Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part of it.
2.7 Compatibility. We do not guarantee backward compatibility of our services with other hardware or software, programs, tools, networks, etc.
3. Accounts and Membership
3.1 Registration. You may create an account to use certain features we offer. As part of the registration process, you will identify an administrative username/email address and password for your FXSSI account. You represent and warrant that all registration information you provide is truthful, accurate, and complete and that you will maintain the accuracy and promptly update the registration information.
3.2 Security. Any user ID and password you may have for this Website are confidential. You are responsible and liable for maintaining control over your account, including the security and confidentiality of your credentials. You are solely responsible and liable for all activities that occur on or through your account, whether authorized by you or not. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
3.3 Notices. By creating an account, you agree to receive notices and system notifications from FXSSI at the email address you have used during the registration process. It is your responsibility to ensure that you notify us of any change to your email address. Any notice sent by us to your email address shall be deemed to have been delivered at the time of sending.
By registering on our Website, you agree to receive product update notifications per email.
3.5 Membership in the Service is void where prohibited.
4. Products and Services
4.1 The Product offered through our website are the pre-build Indicators, Utilities and Expert Advisors provided only as compiled files with the EX5/EX4 extension, and online tools available only through our platform. All our Products and/or Services are available exclusively online through the Website or downloadable Components.
4.2 The products may be installed on five (5) demo or live accounts max.
4.3 We have made every effort to describe as accurately as possible the features of our Products or Services that appear on the Website. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
4.4 Any offer for any Product or Service made on this Site is void where prohibited.
4.5 Modifications to the Services. Our Products and Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof), its description, or prices without notice at any time at our sole discretion. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
4.6 Third-Party Products and Services. We may provide you with access to third-party Products and Services over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such Services ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party Products. Any use by you of optional third-party Products offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which Products and Services are provided by the relevant third-party provider(s).
4.7 Beta Features. Product features clearly identified as Alpha or Beta features (collectively “Early Access Features”) made available by FXSSI may be provided to you for testing purposes only, and FXSSI does not make any commitment to provide Early Access Features in any future versions of the Services. You are not obligated to use Early Access Features. FXSSI may immediately and without notice remove Early Access Features for any reason without liability to you. Notwithstanding anything to the contrary in the Terms, all Early Access Features are provided "AS IS" without warranty of any kind and without any performance obligations.
5. Subscription Terms
5.1 Plans. Certain Services are offered on a subscription basis (“Subscription(s)”) under different pricing plans, the limits, and features of which are available at https://fxssi.com/plans, and further governed by https://fxssi.com/faq. Your rights and obligations concerning certain Services will be based in part on the pricing plan you choose.
We shall not be liable to you or any third party for any price change of the Service.
5.2 Subscription. All pricing plans involve recurring fees (each, along with any applicable taxes and other charges are a “Subscription Fee”). When you purchase Services (each such purchase, a “Subscription”), you will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Depending on which options you choose, those bills may recur each month or year thereafter, at the then-current rate.
5.2.1 Your subscription is active until the renewal date. You can activate, resume, upgrade or downgrade your Subscription by purchasing the corresponding subscription plan.
5.2.2 Your Subscription continues until the renewal date or we terminate your access to or use of the Services or the Subscription under these Terms.
5.2.3 We reserve the right to refuse or cancel your Subscription order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons. We reserve the right to refuse or cancel your Subscription order if fraud or an unauthorized or illegal transaction is suspected.
5.3 Free Trial. FXSSI LTD offers a Subscription with a free trial for a limited time (“Free Trial”). You are not required to enter your credit card and/or any other billing information to sign up for the Free Trial.
5.3.1 It is your responsibility to test the product first with a 7-days free trial to make sure the product meets all of your expectations and avoid any possible losses due to wrong settings or any other faults.
5.3.2 Free trial is only allowed once per client. The Service has a content protection system that detects the IP address, name, email address to identify whether a free trial application is a new or repeat trial. Any repeat trial will be automatically canceled.
5.3.3 At any time and without notice, FXSSI reserves the right to:
- modify the terms and conditions of the Free Trial offer,
- cancel such a Free Trial offer.
5.3.4 On the last day of the Free Trial period, you will be offered to pay the applicable Subscription fee for the type of Subscription you have selected. You will not be billed or charged automatically by FXSSI until and after the Free Trial has expired.
6. Payment Policy
6.1. Payment Terms. A valid payment method is required to process the Payments on our Website. If you wish to purchase any Product or Service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. You comply that you will provide the Company and/or the Payment Processing Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you expressly authorize our third-party payment processor to charge you for such Services. You represent and warrant that you have the legal right to use all payment methods that you provide to us.
6.1.2 All fees are stated and solely payable in U.S. Dollars. Payments in currencies other than the dollar will be automatically converted into dollars at the current exchange rate.
6.1.3 Commission. The amount of commission depends on the tariffs of the selected payment system. In some cases, the price on the PS website may differ by the PS commission. We, for our part, do not charge any additional fees. You are solely responsible for any bank fees, interest charges, finance charges, overdraft charges, and any other fees you incur as a result of the charges billed by us.
6.1.4 If you fail to pay the full amount owed to us, we may limit your access to the Services, in addition to any other rights or remedies we may have.
6.1.5 Withholding. All payments made by you to us under these Terms will be made free and clear of any deduction or withholding. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required by law, you will pay such additional amounts as are necessary so that the net amount received by us after such deduction or withholding will be equal to the full amount that we would have received if no deduction or withholding had been required.
6.2 Recurring Payments. We do not use any recurring payment features. At the end of the Billing Cycle, your Subscription will NOT be automatically renewed. You can renew it yourself under the same conditions unless the Company cancels or changes them.
6.3 Fee Changes. The Company, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. The Company will provide you with a notice through the email registered to your membership account for any change in Subscription fees to allow you to terminate or prolong your Subscription under the same conditions before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
7. Cancellation and Refund Policies
7.1 Cancellation Policy. You may cancel your Subscription at any time but please note that such cancellation will only be effective at the end of the then-current Subscription period. Unless required by law, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will still have access to the service until the end of the paid period.
7.2 In case you want to cancel your Subscription for the next Billing Cycle, do not make any payments on the Website. Your Subscription is considered canceled every time after the Billing Period ends in case you have not renewed the Subscription by yourself. At the end of the Billing Period, your Subscription will NOT be automatically renewed. You will be responsible for all Subscription Fees incurred for the then-current Subscription period.
7.3 Canceling your Subscription will not terminate your FXSSI account. See Section 12 (Termination) below for information on terminating your FXSSI account.
7.4 Refund Policy. Before you make any purchase on our Website, you have the opportunity to use the free trial version of our tools and indicators. Therefore, We operate a no refund/part-refund policy, except when required by law. All sales are final. All fees are non-cancelable, non-refundable, and not subject to setoff.
The refund may be carried out only in case of technical faults on our side and is possible only within 48 hours from the time of payment. In these cases, refunds are carried out manually upon request to email@example.com.
8. Intellectual Property
8.1 This Website (accessible from https://fxssi.com/) is a copyrighted work of authorship owned and operated by FXSSI LTD. The Website, its Products and Services, its original content, features, and functionality, all the intellectual property rights, including copyrights, database rights, patents, trademarks, and trade secrets are and will remain the exclusive property of FXSSI LTD. The Service is protected by copyright, trademark, and other laws and regulations.
8.2 Note that these Terms and access to the Site do not transfer to you any intellectual property owned by the Company or third parties, and all rights, titles, and interests in and to any intellectual property rights will remain solely with the Company. The Company reserves all rights not granted in these Terms.
8.3 Copyright Policy. Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the Site are Our property or the property of other third parties. You are not permitted to use these Marks without Our prior written consent or the consent of such third parties which may own the Marks.
All materials contained on the Website are the copyrighted property of FXSSI LTD. You may not post, modify, distribute, or reproduce in any way any copyrighted material or other proprietary information belonging to us without obtaining our prior written consent.
8.4 Restrictions. Without our written permission You must not:
- Republish material from FXSSI.com in any other media (unless content is specifically made for redistribution);
- Publicly perform and/or show any Website material;
- Forge headers or manipulate identifiers or other data to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
8.5 Rights and Permissions. If you have any questions concerning the usage or licensing of Our copyrighted materials, for example, images, text, tools, products, or other materials, please submit your detailed request in writing. Please include your name, your organization name, contact information (such as e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on our site to which you would like to link. Requests may be emailed to >firstname.lastname@example.org. Allow 2-3 weeks for a response.
8.6 Hyperlinking to our Content. Third-party websites may link to our home page, to publications, or other Website information as long as the third-party website does not have an unsatisfactory record with us and the used link:
- is not in any way misleading;
- does not falsely imply sponsorship, endorsement, affiliation, or approval of the linking party and its products or services;
- fits within the context of the linking party's site is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization;
- would not reflect unfavorably on Us or Our accredited businesses.
No use of FXSSI's logo or other artwork will be allowed for linking absent a trademark license agreement.
We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend Us against all claims arising out of or based upon your website.
8.7 Reservation of Rights. We reserve the right at any time and in Our sole discretion to request that you remove all links or any particular link to Our Website. You agree to immediately remove the required/all links to Our Website upon such request. We also reserve the right to amend these Terms of Service and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking Terms of Service.
9. Third-Party Links and Ads; Cookies
9.1 Third-Party Links and Ads.
9.1.1 Our Service or certain content, products, and services available via our Service may display advertisements for third parties or include materials from or links to third-party websites, networks, mobile applications, or services that are not affiliated with, owned, or controlled by the Company.
9.1.2 All third-party-owned materials contained on the website are reproduced on an "as-is" and “as available” basis with the permission of the respective owners. Third-Party Content is protected by applicable intellectual property laws and international treaties and is owned by or licensed by the Third Party Content provider(s) credited.
9.1.3 Any third-party intellectual property used by Us on Our Website should not be interpreted as they make any representation regarding the advisability of betting on or trading in our products, nor should their content be construed as legal, tax, or investment advice. Third-Party Content is provided for informational purposes only as a convenience to you.
9.1.4 Any third-party intellectual property used by Us on Our Website should not be interpreted as meaning that the third-party owner sponsors, endorses, or is in any way affiliated with Us or with Our business.
9.1.5 You acknowledge that your access to such third-party websites or networks via such a link may require us to provide certain information about you to the proprietor of that website or network. When you click on any of the Third-Party Links and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
9.1.6 We are not responsible for examining, monitoring, approving, or evaluating the Third-Party Content or its accuracy. We do not make any representations concerning Third-Party Links and Ads unless specifically stated herein. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other products, offers, privacy policies, practices, or services of third parties available on the Website.
9.1.7 You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. You indemnify each member of our Company against all liability, loss, damage, cost, and expense arising from or relating to your obtaining goods or services from a third party referred to on this website.
9.1.8 ANY USE OF ANY THIRD-PARTY RESOURCES IS SOLELY BETWEEN YOU AND THE APPLICABLE THIRD-PARTY PROVIDER. Your linking to and usage of any other Third-Party Links and Ads and/or obtaining of goods or services from these websites is at your own risk and should apply a suitable level of caution and discretion in doing so. We strongly advise You to read carefully the terms and conditions and privacy policies of any third-party websites or services that You visit and make sure you understand them before you engage in any transaction.
9.1.9 Complaints, claims, concerns, or questions regarding third-party content, products, and services should be directed to the corresponding third party.
9.2 Affiliate Links. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, the Company may receive an affiliate commission.
9.3 Removal of links from our Website. If you find any link on our Website or any linked website that is offensive or objectionable for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
9.4 Cookies and Web Beacons.
9.4.2 A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
9.4.3 We use only required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website.
10. Accuracy, Completeness, And Timeliness of Information
10.1 The content on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Nothing contained on this Website shall be interpreted as advising you. Any reliance on the material on this Site is at your own risk.
10.2 Historical data. This Site may contain certain historical information, which is, necessarily, not current and is provided for your reference only, and may be superseded by subsequent market events or for other reasons.
10.3 Market data. Concerning any market data or other information that we or any third party service provider display on this Website:
- such data is indicative only and we and any such provider are not responsible or liable if any such data or information is inaccurate or incomplete in any respect;
- we and any such provider are not responsible or liable for any actions that you take or do not take based on such data or information;
- such data or information is proprietary to us and/or any such provider and you are not permitted to retransmit, redistribute, publish, disclose or display in whole or in part such data or information to third parties except as may be required by any law or regulation.
10.4 While the Company has taken reasonable measures to provide accurate and timely information on this Website, we do not ensure that this information or any Services are correct, current, complete, trustful, error-free, useful, or reliable. Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and others. We may experience delays in updating information on the Service and in our advertising on other websites. We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. You agree that it is your responsibility to monitor changes to our Site and set the cache settings on your browser to ensure you are receiving the most recent data.
10.5 Though we undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
10.6 We do not warrant to ensure that the Website remains available or that the material on the Website is kept up to date.
10.7 The Company is not responsible or liable for any content, including any advertising, products, or other materials on or available from the Website or third-party sites. We will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Web site, for any delay in or failure of the transmission, or the receipt of any instruction or notifications sent through this Website.
11. Warranties and Limitation of Liabilities
11.1 The Website and all Products and Services delivered to you through the Website are provided on an “as-is” and “as available” basis, with all faults and defects without warranty of any kind.
11.2 Warranties. In the event of any loss or corruption of any data associated with the Service, FXSSI will use commercially reasonable efforts to restore the lost or corrupted data from the latest relevant backup maintained by FXSSI. EXCEPT FOR THE FOREGOING, FXSSI WILL NOT BE RESPONSIBLE FOR ANY LOSS, DESTRUCTION, ALTERATION, UNAUTHORIZED DISCLOSURE, OR CORRUPTION OF ANY DATA.
11.2.1 To the maximum extent permitted by applicable law, the Company expressly disclaims any and all representations, warranties, and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice.
11.2.2 We may not guarantee that the Website or the information, content, materials, or products included thereon will achieve any intended results, will be available on an uninterrupted, timely, secure, or error-free basis, free of viruses or other harmful code, complete, legal, or safe, compatible or work with any other software, applications, systems or services, meet any performance or reliability standards or that any errors, inaccuracies or defects can or will be corrected.
11.2.3 We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any user or member communication.
11.3 Limitation of Liabilities. NEITHER FXSSI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (“SUPPLIERS”) WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, SAVINGS OR SALES, TRADING LOSSES, LOSS OF YOUR TRADING ACCOUNT, PRIVACY, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, PERSONAL INJURY OR DEATH, NEGLIGENCE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE INFORMATION OR SERVICES OF FXSSI OR ANY THIRD-PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FXSSI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
11.4 Except as otherwise required by law, the Company will not be liable to you or anyone else for any loss resulting from a cause over which we do not have direct control including but not limited to failure of electronic or mechanical equipment or communications lines (including telephone, cable, and internet), computer online systems, servers or providers, software, failure of any email, accidents, emergencies or actions of the government that result in injury or damage to users or any person’s computer, hardware device related to or resulting from participation or downloading materials in connection with the FXSSI Services.
11.5 You understand and agree that you download or otherwise obtain content, material, or data from or through the service at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your device or computer system, loss of data or other harm of any kind that may result.
11.6 IF THE LIMITATIONS OF LIABILITY ABOVE ARE DEEMED INEFFECTIVE BY COURT OR JURISDICTION, YOU AGREE THAT IN NO EVENT WILL FXSSI OR SUPPLIERS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO FXSSI IN THE PRECEDING BILLING PERIOD FOR THE SERVICES (subscription fee of your chosen plan). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO FXSSI FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM FXSSI, REGARDLESS OF THE CAUSE OF ACTION. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
11.7 You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
11.8 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY FXSSI TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS.
11.9 Indemnification. You agree to indemnify, defend and hold harmless FXSSI and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any claims, liabilities, obligations, losses, damages, costs, or demands, expenses, including due to or arising out of your violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, your use of the Service or the Website, your conduct in connection with the Service or the Website or with other users of the Service or the Website.
Limitations. If applicable law requires any warranties concerning the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
If you live in a state, country, or jurisdiction that does not allow the limitation or exclusion of liability, or limitations on how long an implied warranty lasts, some or all of these disclaimers, limitations, and exclusions may not apply to you and you may have additional rights. In these cases, each party's liability will be limited to the greatest extent permitted by law.
12. Terms and Termination
12.1 This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew per Section 5 above. Concerning users who do not have a subscription plan (i.e., free users), (a) FXSSI may terminate this Agreement at any time by providing thirty (30) days' written notice, and (b) applicable users may terminate at any time by deleting their accounts. These Terms will remain in full force while you use the Site. They are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by deleting your account from our Website using the corresponding feature in your personal account, or when you cease using our site.
12.2 You may cease use of the Services at any time. If you are paying for a Subscription, you may terminate your Subscription through the process in Section 7.2.
12.3 We may suspend or terminate your account or your rights to use the Site at any time, without prior notice or liability, for any reason at our sole discretion. You will remain liable for all amounts due up to and including the date of termination. If you have paid for a Subscription and the termination is not due to your breach of these terms, FXSSI will refund you any prepaid fees for the period of your Subscription that extends beyond the effective date of such termination. If you breach this Agreement, FXSSI may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account (and other accounts you control) or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If FXSSI deletes your account for breach, you may not re-register.
12.4 Upon any termination, discontinuation, or cancellation of Services or your FXSSI account, the following provisions of these Terms will survive: Service Terms, Charges, and Payment (to the extent you owe any fees at the time of termination); Confidentiality; provisions related to permissions to access User Content (to the extent applicable); Warranty Disclaimers; Indemnity; Limitations of Liability; Termination; and the General provisions under Section 14. Furthermore, we may remove or delete your User Content associated with your Account from our live databases within a reasonable period after the termination or cancellation of Services or your FXSSI account. The company will not have any liability whatsoever to you for any termination of your rights under these Terms.
13. Complaints Disputes, Arbitration, and Choice of Law
The Company strives to build strong, long-lasting relationships with all our stakeholders, including and most importantly with our clients. In keeping with this, we view your comments, suggestions, and concerns as matters of premiere importance. We also recognize that a client's dissatisfaction is an opportunity for us to improve by enhancing our products and level of service.
In the event that you are dissatisfied with the service provided by the Company, please contact our Customer Service as soon as possible via the contact us page.
The complaint will receive an impartial review to determine if we have acted fairly within our rights and have met our contractual obligations. We will acknowledge your complaint promptly, and a full written response will be provided.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the United Kingdom without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United Kingdom. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the United Kingdom, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: email@example.com. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Right to Waive. Any or all of the rights and limitations outlined in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Small Claims Court. Either you or the Company may bring an individual action in small claims court.
Governing Law. The formation, interpretation, and performance of this Agreement and any disputes arising out of it are governed by and construed under the law in force of the United Kingdom. The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. The Courts of England have exclusive jurisdiction to settle any dispute arising in connection with the Agreement and both we and you submit to the non-exclusive jurisdiction of the state and courts of England and Wales.
Your use of the Service may also be subject to other local, state, national, or international laws.
It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject.
Dispute Resolution. If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
14. General Terms
Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Whenever the words “including,” “include,” or “includes” are used herein, they will be deemed to be followed by the phrase “without limitation.” Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Reservation of Rights. Reserves all rights not expressly granted herein. FXSSI’s rights and remedies are cumulative. No failure or delay by FXSSI in exercising any right will waive any further exercise of that right.
Severability. All rights and restrictions contained in this Agreement may be exercised and shall apply and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable.
If any part or parts of this Agreement are found under the law to be invalid, unlawful, void, illegal, or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed. The parties agree that these Terms will be deemed amended by modifying such provision to the extent necessary to render it valid, legal, and enforceable while preserving its intent or, if such modification is not possible, by substituting another provision that is legal and enforceable and that achieves the same objective.
The remainder of the Terms and Conditions will have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause will have no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
Assignment. FXSSI is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, these Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
No Partnership. No agency, partnership, joint venture, or employment is created as a result of these Terms, and neither party has any authority of any kind to bind the other party in any respect whatsoever. Your relationship with the Company is that of an independent contractor.
Force Majeure. FXSSI will not be liable for or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond its reasonable control, so long as it uses commercially reasonable efforts to avoid or remove those causes of non-performance.
Right to Waive. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court or any jurisdiction, the remaining provisions of these Terms will remain in effect.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether the Company posts notices on the Site or communicates with you via email. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
For contractual purposes, you:
- consent to receive communications from Company in an electronic form;
- agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in hard copywriting.
Entire Terms. These Terms supersedes all other agreements between the parties relating to its subject matter. The parties expressly agree that any different or additional terms outlined in any purchase order, vendor portal, code of conduct, or other similar documentation provided by you will not apply between the parties even if signed, acknowledged, or accepted by FXSSI unless FXSSI specifically references this clause and waives its rights. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by FXSSI and shall be of no force or effect superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service).
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. By continuing to access or use Our website or the Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
You can review the most current version of the Terms of Service at any time on this page.
If you have any questions about these Terms and Conditions, You can contact us by visiting this page on our website: https://fxssi.com/contacts
+44 7418 353 961
44 Evesham Avenue, Grimsby, England DN34 5RT