- Terms of Use
- 1. INTRODUCTION
- 2. SUBJECT OF THE TERMS OF USE
- 3. REGISTRATION
- 4. USING YOUR ACCOUNT TO ACCESS THE SOFTWARE
- 4.1 Purpose and Permitted Use of Your Customer Account and Software
- 4.2 Client Account Confidentiality
- 5. PURCHASE A SUBSCRIPTION PLAN
- 6. DISCLAIMER
- 7. INTELLECTUAL PROPERTY AND SOFTWARE LICENSE
- 8. PRICES, PAYMENT TERMS AND REFUND
- 9. SUSPENSION OF FEATURES OR SOFTWARE
- 10. CUSTOMER TERMS AND TERMINATION
- 10.3 Deleting a customer account
- 11. RIGHT TO REFUSE
- 12. THIRD PARTY CONTENT
- 13. PRIVACY AND PERSONAL INFORMATION
- 15. DISCLAIMER OF WARRANTY
- 16. LIMITATION OF LIABILITY
- 17. COMPENSATION
- 18. CHANGES TO THE TERMS OF USE
- 19. SUPPORT AND REPORTING
- 20. GENERAL PROVISIONS
- 21. PROCEDURE FOR SUBMISSION OF COMPLAINTS
- 22. NOTICES
- Contacts:
Terms of Use
— These Terms of Use come into force on 10/13/2022
1. INTRODUCTION
1.1 The Service is provided to you by the OpexFlow platform created by Pavel Sergeevich Kucherov through the website located at https://opexflow.com and https://articles.opexflow.com for the purpose of providing tools that allow you to study algorithmic trading. The term “you” or “Customer” refers to the person visiting or otherwise accessing or using the Software. 1.2 These terms and conditions (“Terms of Use”) and the Privacy Policy (as defined below) govern your access to the Software, use of and constitute the entire and binding agreement between you and OpexFlow with respect to the Software. 1.3 You should also read our Privacy Policy at
https://articles.opexflow.com/terms/privacy-policywhich is incorporated by reference into the Terms of Use. If you do not wish to be bound by these Terms of Use or the terms of our Privacy Policy, please do not open or use the Software. 1.4 THESE TERMS OF USE CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SOFTWARE. BY USING THE SOFTWARE IN ANY WAY AND FOR ANY PURPOSE, WITH OR WITHOUT A CUSTOMER ACCOUNT, FROM ANY DEVICE AND PLACE, YOU AGREE AND ACKNOWLEDGE THAT: 1.4.1 you have read and understood these Terms of Use, and you accept and agree to be bound by these Terms of Use as as they appear on each relevant date of your use of the Software. 1.4.2 you accept all obligations set forth herein; 1.4.3 you are of legal age and legal capacity to use the Software; 1.4.4 you are not under the control of a jurisdiction that expressly prohibits the use of such software; 1.4.5 Your use of the Software is at your sole discretion and responsibility.
2. SUBJECT OF THE TERMS OF USE
2.1 These Terms of Use are between Pavel Sergeevich Kucherov and the Client using the Software. The Software is provided to you through the https://opexflow.com website on a computer or mobile device. 2.2 These Terms of Use constitute a legally binding agreement between you and Pavel Sergeevich Kucherov and cover the use and provision of the Software. The software is provided to individuals to get acquainted with the possibilities of algorithmic trading. You must not use the Third Party Asset Management Software in any way. 2.3 Pavel Kucherov may update or revise these Terms of Use from time to time by providing notice of such updates or changes to the Software. Such changes to the Terms of Use will be effective as of the “Last Updated” date at the beginning of these Terms of Use. Each time you access the Software, you agree to be bound by the most current version of the Terms of Use. You agree to review these Terms of Use from time to time. If you do not agree to the terms of these Terms of Use or any modified version of these Terms of Use, your only recourse is to stop using the Software. You agree to review these Terms of Use from time to time. If you do not agree to the terms of these Terms of Use or any modified version of these Terms of Use, your only recourse is to stop using the Software. You agree to review these Terms of Use from time to time. If you do not agree to the terms of these Terms of Use or any modified version of these Terms of Use, your only recourse is to stop using the Software.
3. REGISTRATION
3.1 You must be at least eighteen (18) years of age to register and use the Software. 3.2 Prior to registration, you are solely responsible for ensuring that use of the Software in accordance with these Terms of Use in your jurisdiction of residence is permitted by applicable law. Unless such use is permitted by law, you may not access or use the Software. 3.3 To register to create a Customer Account and access the Software, you must complete the following steps: 3.3.1 Register. Fill out the registration form with your email address and password. You will be given the opportunity to review the Terms of Use and the Privacy Policy. You can obtain documents from the named links and take note of them. Before clicking “Register” to proceed with the registration process, you must confirm that you accept these Terms of Use and have read our Privacy Policy. In addition, you must confirm that you are at least 18 years old. After clicking “Sign Up”, your account (“Customer Account”) is created. 3.3.2 From the moment OpexFlow provides you with a Customer Account to access and use the Software, the registration process will be completed. The client account is provided to you free of charge. Kucherov Pavel Sergeevich has the right to refuse to provide you with a Client Account at his own discretion, in which case you must not use the Software. 3.3. 3 You can interrupt the registration process at any time and/or pause the process and resume it later. You can check for errors in the entered information and, if necessary, correct them by changing the input. 3.3.4 Once you have created a client account, you will be asked to complete your client account profile and you will be presented with various steps, including connecting your client account to an existing account with a broker. 3.3.5 Connection to the account of the stock exchange or cryptocurrencies. In order to use the features of the Software, you must have an account on a stock market or cryptocurrency exchange (“Exchange Account”) (for example, Binance, Tinkoff Investments, Finam, etc.). If you do not have an exchange account, you can choose whether to register directly on the broker’s website or through a link in our “My Exchanges” tab that will direct you to the website of the broker of your choice. In any case, you acknowledge that you are entering into a separate legal relationship with the selected broker and you are bound by their specific terms and conditions. Depending on the type of subscription you choose (see Section 5 for more information about the Plans), you can connect either one exchange account from one cryptocurrency exchange, or multiple exchange accounts. Subject to the foregoing, you may link account(s) from multiple exchanges to a customer account. Under certain circumstances, we may remove API keys for security reasons, which will require you to re-login to your account. 3. 4 As part of the registration process, you will be required to provide us with certain information such as your email address and password. For more information about the data we collect, please see our Privacy Policy at
https://articles.opexflow.com/terms/privacy-policy. It is your responsibility to provide accurate, current and complete information about yourself and to keep all information in your customer account up to date to ensure that your customer account is accurate, current and complete. You can update or change your customer account settings at any time. 3.5 Depending on the exchange account you use, we may automatically register you for trading competitions that we organize for your possible benefit. Such contests do not oblige you to actively participate in the contest or take any additional action. Registering for trading contests does not cause you any financial loss. When we organize trading competitions, we send you information about the conditions and details of the competition in advance.
4. USING YOUR ACCOUNT TO ACCESS THE SOFTWARE
4.1 Purpose and Permitted Use of Your Customer Account and Software
4.1.1 You may use the Software only for its intended purpose and permitted use. You acknowledge that, depending on the Plan you choose, the purpose of a Client Account is to provide you with access to the Software with tools to familiarize yourself with algo trading and manage one or more exchange accounts. Any other use or specific misuse of the Software is not permitted. You agree not to use your Customer Account and the Software, in particular to: 4.1.1.1 upload, post, email, transmit or otherwise make available any content that is illegal, malicious, threatening, offensive, fraudulent, harassing, offensive, defamatory, vulgar, obscene, defamatory, invasive of another’s privacy, hateful or racist, glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable; 4.1.1.2 impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4.1.1.3 transmit or otherwise make available any content that you do not have the right to provide that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 4.1.1.4 participate in any activity aimed at redesigning, disassemble, decompile, hack or extract any proprietary software used to service the Software; 4.1.1.5 trade on venues to which you should not have access; 4.1.1.6 interfere with or disrupt the Software or servers or networks connected to the Software, including, but not limited to, hacking or bypassing any measures that may be used to prevent unauthorized access to the Software; 4.1.1.7 violate any applicable national or international rules and laws, as well as the rights of third parties. 4.1.1.6 interfere with or disrupt the Software or servers or networks connected to the Software, including, but not limited to, hacking or bypassing any measures that may be used to prevent unauthorized access to the Software; 4.1.1.7 violate any applicable national or international rules and laws, as well as the rights of third parties. 4.1.1.6 interfere with or disrupt the Software or servers or networks connected to the Software, including, but not limited to, hacking or bypassing any measures that may be used to prevent unauthorized access to the Software; 4.1.1.7 violate any applicable national or international rules and laws, as well as the rights of third parties.
4.2 Client Account Confidentiality
4.2.1 You acknowledge that your customer account is personal to you and you must not provide any other person with access to the Software or portions thereof using your email address, password or other security information. 4.2.2 You are responsible for maintaining the confidentiality of your data and for monitoring and, where necessary, restricting access to your devices. Any email address, password or any other information chosen by you or provided to you as part of our security procedures shall be treated as confidential and you shall not disclose it to any other person or entity. You must exercise caution when accessing your customer account from a public or shared computer, to prevent others from viewing or recording your password or other customer account information. You agree to ensure that you log out of your customer account at the end of each session. 4.2.3 You accept responsibility for all activities that occur under your Customer Account or from your devices in relation to the Software and your Customer Account, including any misuse of your Customer Account. OpexFlow will use reasonable and standard security measures to protect you from unauthorized access to your customer account. You agree to notify us immediately of any unauthorized access or use of your customer account or any other breach of security. If you do not notify Pavel Sergeevich Kucherov in an appropriate manner, the OpexFlow site will not be able to prevent such unauthorized access or other breach of security or to take appropriate security measures. 4.2.4 You acknowledge and agree that, to the extent permitted by applicable law, we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the unauthorized use of your Customer Account arising from the inability to it is up to you to keep your password confidential if we have complied with our obligation to use reasonable and standard security measures. the OpexFlow site will not be able to prevent such unauthorized access or other breach of security or take appropriate security measures. 4.2.4 You acknowledge and agree that, to the extent permitted by applicable law, we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the unauthorized use of your Customer Account arising from the inability to it is up to you to keep your password confidential if we have complied with our obligation to use reasonable and standard security measures. the OpexFlow site will not be able to prevent such unauthorized access or other breach of security or take appropriate security measures. 4.2.4 You acknowledge and agree that, to the extent permitted by applicable law, we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the unauthorized use of your Customer Account arising from the inability to it is up to you to keep your password confidential if we have complied with our obligation to use reasonable and standard security measures.
5. PURCHASE A SUBSCRIPTION PLAN
5.1 When registering for the Services, you have the option to choose between different subscription plans, i.e. “Free” and “Pro” (collectively, “Plans” or “Subscription”). 5.2 A detailed description of OpexFlow subscriptions, including pricing and features associated with each subscription type, is available on the Plans page. Kucherov Pavel Sergeevich reserves the right to change the subscriptions published on the “Plans” page (for example, add or remove plans) at any time. When the Plan is removed, Kucherov Pavel Sergeevich will try to notify those who may be affected by such actions. 5.2.1 Subscriptions available on the Plans page are subject to these Terms of Use. By accepting these Terms of Use, you also acknowledge that you agree to the terms of the subscription features as described on the Plans page. 5. 3 Pavel Sergeevich Kucherov reserves the right, at its sole discretion, to provide Services to Clients based on individual Plans (“Individual Plans”). Individual plans will not appear on the Plans page and will be offered to customers on an individual basis. Individual plans are governed by these Terms of Use. 5.4 To purchase a subscription other than an individual plan, select the subscription you wish to purchase from the Plans page of the Website or from the Subscription tab in the customer account and select your preferred payment method. Before clicking the “Pay” button, you must confirm that you accept these Terms of Use and the Privacy Policy. In addition, you must confirm that you are at least 18 years old, and you agree to receive the features of the Subscription at the time of entering into the Purchase Agreement. Choosing a Subscription, the Subscription term (for example, a month or a year) and providing your payment information is an offer to enter into an agreement with Pavel Sergeevich Kucherov to use the Software features provided under the selected Subscription based on these Terms of Use, effective as described in Section 3.4 (“Purchase Agreement”). The offer must be accepted by us. We may not accept an offer at our sole discretion. The purchase agreement will be accepted at the time you receive confirmation from us or we activate your chosen Subscription features as described below. OpexFlow will not store the text of the Purchase Agreement after the conclusion of the Purchase Agreement. However, the text of the Purchase Agreement will be available to you on the Terms of Use page in a downloadable format. The terms described in Section and 3.4.3 above apply to this Agreement to the extent not otherwise specified in this Section 6. The term of the Purchase Agreement is the term of the Subscription chosen by you and is subject to the termination provisions Section 10. 5.5 If you wish to renew your Subscription, you may do so at any time from the Subscription tab in your customer account. Your new subscription will begin after the payment has been processed. Your new Subscription will be activated as soon as your payment is processed, regardless of the remaining time of your old Subscription. Ordering a new Subscription will result in immediate termination of the Purchase Agreement for your old Subscription and a new Purchase Agreement for the new Subscription. Any funds you may receive from your old Subscription will be calculated against your new Subscription, i.e. you will only pay the difference between your new Subscription payment and the share of funds not used under the old Subscription. For termination of the Purchase Agreement, see Section 10.4.
6. DISCLAIMER
6.1 PAVEL KUCHEROV PROVIDES THE SOFTWARE. PAVEL KUCHEROV DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. PAVEL KUCHEROV IS NOT A BROKER, FINANCIAL ADVISER, INVESTMENT ADVISORY, PORTFOLIO MANAGER OR TAX ADVISER. NOTHING IN THE SOFTWARE SHOULD BE CONSTRUED AS AN OFFER OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENTS, OR AS INVESTMENT ADVICE OR INVESTMENT ADVICE (SUCH AS ADVICE REGARDING THE PURCHASE OF A CURRENCY OR INSTRUMENT). YOU ACKNOWLEDGE AND AGREE THAT PAVEL KUCHEROV SHALL NOT BE RESPONSIBLE FOR YOUR USE OF ANY INFORMATION YOU RECEIVE ABOUT THE SOFTWARE. YOUR SOLUTIONS, ACCEPTED WITH RESPECT TO THE PRODUCTS OR SERVICES IN THE SOFTWARE, OR YOUR INTERPRETATIONS OF DATA FOUND IN THE SOFTWARE ARE YOUR SOLE RESPONSIBILITY. 6.2 KUCHEROV PAVEL SERGEEVICH STRIVES TO ENSURE THE ACCURACY OF THE INFORMATION POSTED ON THIS WEB SITE, BUT ASSUME NO RESPONSIBILITY FOR THE LACK OF OR INCORRECT INFORMATION. NO CONTENT IN THE SOFTWARE IS ADAPTED FOR THE PARTICULAR NEEDS OF ANY PERSON, LEGAL ENTITY OR GROUP OF PERSONS. PAVEL KUCHEROV DOES NOT EXPRESS AN OPINION REGARDING THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITIES OR OTHER INSTRUMENTS. THE CONTENT OF THE SOFTWARE MAY NOT BE USED AS THE BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF PAVEL KUCHEROV. 6. 3 SOME OF THE CONTENT PROVIDED IN THE SOFTWARE IS PROVIDED TO PAVEL KUCHEROV BY UNRELATED THIRD PARTY SUPPLIERS. OTHER CONTENT IS UPLOADED BY YOU. PAVEL KUCHEROV DOES NOT CHECK ALL CONTENT FOR ACCURACY, DOES NOT CHECK THE CONTENT FOR COMPLETENESS OR RELIABILITY AND DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECTS OF ANY CONTENT. THE PERFORMANCE OF THE SOFTWARE IS DIRECTLY RELATED TO THE PERFORMANCE OF NON-RELATED THIRD PARTY SERVICES. PAVEL SERGEYEVICH KUCHEROV IS NOT RESPONSIBLE FOR ANY INOPERABILITY OF THE SOFTWARE CAUSED BY A NON-FUNCTIONALITY OF NON-RELATED THIRD PARTY SERVICES. 6.4 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. IN ADDITION TO THE RISKS LISTED HERE, THERE ARE OTHER RISKS RELATED TO THE USE OF THE SOFTWARE, PURCHASE, STORAGE AND USE OF FINANCIAL INSTRUMENTS AND CRYPTOCURRENCIES, INCLUDING THOSE THAT PAVEL SERGEYEVICH KUCHEROV CANNOT FOREFECT. SUCH RISKS MAY MATERIALIZE AS UNINTENDED CHANGES OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.
7. INTELLECTUAL PROPERTY AND SOFTWARE LICENSE
7.1 The software, trademarks and other intellectual property displayed, distributed or otherwise made available through the Software are the exclusive property of Pavel Sergeevich Kucherov, assignees, licensors and/or suppliers. Unless otherwise stated in the Terms of Use, or unless you agree otherwise in writing with Pavel Sergeevich Kucherov, nothing in these Terms of Use gives you the right to use the Software, its contents, or other intellectual property of Pavel Sergeevich Kucherov.
8. PRICES, PAYMENT TERMS AND REFUND
8.1 All prices, discounts and promotions displayed in the Software are subject to change without notice. The price charged for the Subscription you choose will be the price advertised in the Software at the time you place your order, subject to the Purchase Agreement and the terms of any promotions or discounts, your geographic location or place of residence, and your chosen payment method. You will be charged the price announced at the time of the offer to conclude the contract of sale. You can set up monthly recurring payments and thereafter the Subscription fee will be automatically billed each month until the Purchase Agreement is terminated as set out in these Terms of Use. The price charged for your current use of the Software, will be displayed in the “Subscription History” section of the “Subscription” tab of your Customer Account after each transaction is completed and confirmed by the third party payment service provider. 8.2 If we increase our prices, the increase will only apply to purchases made after the effective date of the increase. Prices shown in the Software may not include applicable discounts or taxes until you complete the profile details in your Customer Account. While we strive to display accurate pricing information, we may occasionally make unintentional typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and cancel any orders related to such occurrences. eight. 3 You may use any available and most convenient payment method currently available in the Software for all purchases. However, Kucherov Pavel Sergeevich does not guarantee the availability of any payment method at any time. Pavel Kucherov may add, remove or suspend any payment method temporarily or permanently at his sole discretion. 8.4 Any payments you make through and for the Software may be subject to VAT (Value Added Tax) at the applicable rate and in accordance with the laws of the jurisdiction in which you are established. Pavel Kucherov calculates and collects VAT on your payments based on your location, which is automatically determined by the IP address of your device and/or manually by you when you enter your billing address. eight. 5 If you do not agree with the default payment information that our Software automatically generates, you must provide: your billing address (provided that the Software will be used at that location); enter address data in the software when paying; and sending us a valid confirmation of that address afterwards. We will then make a decision as to whether the default payment information should be adjusted. For more information on how we process your personal information, please see our Privacy Policy. 8.6 You represent and warrant that: (1) the payment information you provide to us is true, correct and complete, (2) you are duly authorized to use the payment method you provided, (3) the costs incurred by you, will be accounted for by your payment method issuer, and (4) you will pay the costs incurred by you at the advertised prices, including all applicable taxes, if any, regardless of the amount indicated on the Software at the time of your order. 8.7 Unless otherwise required by applicable law, we are not required to provide a refund or credit. Due to the fact that the Software is a digital product, no refunds can be given without clear, reasonable and legal reasons. We will evaluate any request for a refund of fees payable in advance on the merits and in the manner set forth in these Terms of Use. 8.8 You understand that You are purchasing the Software from Pavel Sergeyevich Kucherov. Unless otherwise required by law, it is your responsibility to contact OpexFlow support for any questions related to payment transactions before contacting a financial institution. 8.9 Use of the Software over the Internet may result in charges that you may be required to pay to the service provider.
9. SUSPENSION OF FEATURES OR SOFTWARE
9.1 Pavel Kucherov has the right to make changes to the Software and its functions. 9.2 Until all circumstances are clarified and, if necessary, it is known that the procedures of the client have been followed, Kucherov Pavel Sergeevich may suspend or interrupt the provision of the Software in whole or in part and without any liability to the Client: 9.2.1 if it is necessary for repair, maintenance or other similar activities, including security updates, in which case 3Commas will endeavor to notify you in advance of the interruption to the extent possible; 9.2.2 if you fail to pay any portion of the Subscription fee after we have notified you thereof; 9.2.3 if your actions or omissions in connection with the use of the Software, interfere with or interfere with the normal operation of the Software or otherwise cause or may cause injury, damage or other adverse effects to the Software, OpexFlow or other users of the Software; 9.2.4 if there is reason to suspect that your credentials have been wrongfully disclosed to an unauthorized third party and the Software is being used under such credentials; 9.2.5 if you use the Software in violation of these Terms of Use and fail to remedy the violation promptly upon notice from 3Commas, or if you use the Software in violation of any applicable laws, rules or regulations; 9.2.6 if you refuse to provide the necessary clarifications within the time limit requested; or 9.2.7 for any other reason, as 3Commas may determine from time to time. 9.3 A material breach of the Terms of Use may include, but is not limited to, the acts and omissions described in Sections 9.2.2 to 9.2.6. 9.4 Pavel Kucherov endeavors to notify you of the interruption as far in advance as possible, or if prior notice is not possible due to the urgency of the reasons requiring the interruption, without undue delay. Suspension of the Software for the reasons set out in Section 9.2 does not relieve you of your obligation to pay any applicable fees. to the extent possible, or if prior notice is not possible due to the urgency of the reasons requiring interruption, without undue delay. Suspension of the Software for the reasons set out in Section 9.2 does not relieve you of your obligation to pay any applicable fees. to the extent possible, or if prior notice is not possible due to the urgency of the reasons requiring interruption, without undue delay. Suspension of the Software for the reasons set out in Section 9.2 does not relieve you of your obligation to pay any applicable fees.
10. CUSTOMER TERMS AND TERMINATION
10.1 Upon any access to or use of the Software, these Terms of Use shall remain in full force and effect with respect to such access or use as they may be updated from time to time. 10.2 The term of your paid Subscription under the Purchase Agreement will continue for the period for which you paid (for example, a month or a year), subject to any renewals.
10.3 Deleting a customer account
10.3.1 You may delete your customer account at any time and without giving reasons in your customer account settings, where we have provided you with this option. Before deleting your client account, we will ask you to disable all related exchanges and close any open trades or bots. In the event of termination, your customer account will be closed within seven (7) days, provided that: (1) any disputes you have been involved in have been satisfactorily resolved; and (2) you have fulfilled all other obligations associated with your use of the Software (i.e. you have disabled all related exchanges and closed all open trades or bots). During these seven (7) days, you may reactivate your Customer Account by logging in and reversing the termination of your Customer Account. 10.3. 2 Pavel Kucherov may terminate your customer account upon seven (7) days’ notice to you by notifying you in the Software. The customer account will be terminated at the end of the seventh (7) day during which the notice period expires. In the event Pavel Kucherov discovers a material breach, including but not limited to as set forth in Section 9.3, Pavel Kucherov may terminate your customer account immediately without notice. 10.3.3 Regardless of the party initiating the termination, termination of the Customer Account will mean that: (1) concurrently with the termination of the Customer Account, the Purchase Agreement (if applicable) will also be terminated and, therefore, your access to the Software and products and the services provided in connection therewith are terminated; (2) you are prohibited from any further use of the Software; and (3) any and all data and information residing in your customer account or relating to activity on your account will be permanently deleted, except to the extent that we are required or entitled to retain such content, data or information in accordance with applicable laws and regulations. 10.4 Termination of the Purchase Agreement 10.4.1 You may use your rights under Section 11 to terminate your Purchase. 10.4.2 After fourteen (14) “cooling off” days, you may terminate your Purchase Agreement at any time and without giving reasons in your customer account settings by selecting “Do Not Renew”. 10.4. 3 Pavel Kucherov may terminate the Purchase Agreement on the same terms as described in Section 10.3.2. 10.4.4 Regardless of the party initiating the termination, termination of the Purchase Agreement will mean that your access to the Software features provided under the Subscription pursuant to the Purchase Agreement and the products and services provided under it will cease immediately, however, you will still have access to your customer account. Terminating a sales agreement will not result in data loss, meaning if you choose to enter into a sales agreement in the future, the feature metrics you configured will continue to work. See our Returns Policy for refund instructions. You agree to that all such measures will be carried out by Pavel Sergeevich Kucherov and that Pavel Sergeevich Kucherov will not be liable to you or any third parties as a result of any such measures for any reason, to the extent permitted by applicable law. 10.5 Upon the expiration of these Terms of Use, all rights, duties and obligations to which you and Pavel Sergeevich Kucherov exercised, were subject to (or which arose over time while the Terms of Use were in effect) or which are requested to be extended indefinitely, such termination shall not affects, but is not limited to, Sections 1, 4, 6, 7, 8, 12-17. to the extent permitted by applicable law. 10.5 Upon the expiration of these Terms of Use, all rights, duties and obligations to which you and Pavel Sergeevich Kucherov exercised, were subject to (or which arose over time while the Terms of Use were in effect) or which are requested to be extended indefinitely, such termination shall not affects, but is not limited to, Sections 1, 4, 6, 7, 8, 12-17. to the extent permitted by applicable law. 10.5 Upon the expiration of these Terms of Use, all rights, duties and obligations to which you and Pavel Sergeevich Kucherov exercised, were subject to (or which arose over time while the Terms of Use were in effect) or which are requested to be extended indefinitely, such termination shall not affects, but is not limited to, Sections 1, 4, 6, 7, 8, 12-17.
11. RIGHT TO REFUSE
11.1 If you have created a customer account, you have the right to opt out. 11.2 The right of withdrawal is subject to the provisions set forth in the following right of withdrawal notice: Upon your withdrawal of the Purchase Agreement, we shall refund to you the cost of the Subscription, which shall be deducted pro rata to the amount used to fulfill the Purchase Agreement (including free trial) until revocation in accordance with Section 1.2. Refund Policy without undue delay and no later than fourteen (14) days from the date we receive notice that you are revoking the Purchase Agreement. Upon receipt of your notice, we will immediately terminate your access to the features associated with the Subscription, but you will still have access to your customer account. You must stop all use of the features,
12. THIRD PARTY CONTENT
12.1 Any content made available through the Software is for use and should be used for informational purposes only. It is very important to do your own analysis before making any investment based on your personal circumstances. You should seek independent financial advice from a professional in connection with any information we provide from third parties that you wish to rely on, whether for the purpose of making an investment decision or otherwise, or independently investigate and verify it. Any content, data, information or publications available through the Software are provided by us on an “as is” basis for your convenience and information. Any opinions, advice, statements, services, offers or other information provided by third parties, belong to their respective authors or publishers and not to Pavel Sergeevich Kucherov. Such information should not be interpreted as investment advice. Kucherov Pavel Sergeevich disclaims any warranties or representations, express or implied, regarding the accuracy and completeness of the information in such publications. 12.2 Since signals are provided by third party signal providers, their use is subject to the terms and conditions of that third party signal provider. The terms of use of the signals will be available to you when you subscribe to the signal of your choice. 12.3 The past performance of an algorithmic indicator is not a guide to the future. For the avoidance of any doubt, The Signal Provider and any companies or employees associated with it do not position themselves as Commodity Trading Advisors or Authorized Financial Advisors. Given this representation, all information, data and materials provided by Signal Provider and any related companies or employees are for educational purposes only and should not be construed as specific investment advice. 12.4 Links to Third Party Platforms and Information. Your use of certain links in the Software will direct you to third party channels, software, websites or mobile applications (collectively, “Third Party Platforms”). Such third party platforms are not under the control of Pavel Sergeevich Kucherov, and Kucherov Pavel Sergeevich is not responsible for the content of any such third party platforms or any links contained in such third party platforms. Links to Third Party Platforms included in the Software are provided as a convenience to you and the inclusion of such links does not imply a recommendation or endorsement by us of any such Third Party Platform or the products, services or information offered therein. If you choose to access any Third Party Platform information in connection with the Software, you do so entirely at your own risk. 12.5 Third Party Services. We may make third party services such as applications that use APIs available to you through the Software. If you choose to enable, access or use services provided by other parties,
13. PRIVACY AND PERSONAL INFORMATION
13.1 In order to make full use of the Software, you are required to provide certain information relating to you (“Personal Data”). You acknowledge that Pavel Kucherova will collect and use certain Personal Data as described in the Privacy Policy. For more information about the collection, use, disclosure and protection of your Personal Information, please see our Privacy Policy at https://articles.opexflow.com/terms/privacy-policy. Questions or requests regarding your Personal Data may be directed to support@opexflow.com. 14. AVAILABILITY OF THE SOFTWARE 14.1 Pavel Kucherov will endeavor to ensure that the Software is always available; however, Pavel Kucherov cannot guarantee the continued availability of the Software. The Software is provided “as is” and “as available”. You do not have the right to have the Software and the features offered available at any time or subject to certain availability. Kucherov Pavel Sergeevich is not obliged to provide continuous access to the Software without any failures or failures, and does not bear any responsibility for this. 14.2 The Software may not be available in the following cases, for example: 14.2.1 if a defect or error in the Software provided through the website results from that you have modified or altered the Software or used the Software in any way outside of its normal and intended access and its intended use; 14.2.2 if a defect or failure in the Software is the result of a problem with your device, 14.2.3 in the event of a technical problem. 14.3 You may access and use the Software through your mobile device and computer. Because the Software is provided over the Internet and mobile networks, the quality and availability of the Software may be affected by factors beyond our reasonable control. Not all features of the Software are available on a mobile device. You are solely responsible for any software and hardware prerequisites
15. DISCLAIMER OF WARRANTY
15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. Kucherov Pavel Sergeevich clearly refuses any other statements, evidence, guarantees and conditions that are obvious or implied, including, among other things, any statements, guarantees or conditions of commodity suitability or lack of violations, completeness, security, reliability, suitability, accuracy, currency or accessibility , ERROR-FREE, CONTINUITY, THAT DEFECTS WILL BE CORRECTED, THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER MALICIOUS PROGRAMS. 15.2 PAVEL SERGEYEVICH KUCHEROV MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SOFTWARE, INCLUDING, INCLUDING, THAT (1) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (2) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SAFE OR FREE OF DEFECTS; (3) THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (4) THAT ANY KNOWN AND UNDISCOVERED DEFECTS WILL BE CORRECTED. 15.3 PAVEL KUCHEROV CANNOT AND DOES NOT GUARANTEE THAT FILES OR DATA AVAILABLE FOR DOWNLOAD FROM THE INTERNET OR SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLE AND ENTIRE RESPONSIBLE FOR THE USE OF THE SOFTWARE AND THE SECURITY OF YOUR COMPUTER, INTERNET AND DATA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAVEL SERGEYEVICH KUCHEROV WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, Caused by the attack by the service with a distributed attack of the refusal to maintain, overload, flooding, spam or accident, viruses, Trojan horses, worms, logical bombs or other technologically harmful materials that can infect your computer equipment, computer programs, data. 15.3 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. LIMITATION OF LIABILITY
16.1 Pavel Kucherov makes no warranties or representations other than those expressly mentioned in these Terms of Use. The software has not been designed to meet your individual needs. 16.2 to the maximum extent permitted by the applicable law, you understand very well and agree that Kucherov Pavel Sergeyevich is not responsible for you for any direct, indirect, random, special subsequent or approximate loss that can be caused to you in connection with the use of software FOR WHAT CAUSES AND FOR ANY LIABILITY, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, LOSS OF OPPORTUNITIES, LOSS OF DATA OR OTHER INTANGIBLE LOSSES. 16.3 PAVL SERGEYEVICH KUCHEROV’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE SUBSCRIPTION COST,
17. COMPENSATION
17.1 To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Pavel Sergeevich Kucherov from and against any claims, liabilities, damages, judgments, damages, costs, expenses or fees (including attorneys’ fees) arising in in connection with your violation of these Terms of Use or your use of the Software, including, but not limited to, your materials, third party platforms, any use of intellectual property, services and products, except as expressly permitted in these Terms of Use.
18. CHANGES TO THE TERMS OF USE
18.1 Pavel Kucherov reserves the right to change these Terms of Use. You will be informed of any changes to the Terms of Use within the Software seven (7) days in advance. Changes will become effective and binding at the end of the seventh (7th) day of the end of the notice period. If you do not agree to the changes, you have the right to delete your customer account as set out in section 10.3.1. 18.2 Pavel Kucherov reserves the right to make the following changes to the Terms of Use without prior notice: 18.2.1 if the change in the Terms of Use is beneficial only to you; 18.2.2 if the change relates solely to new services, features or service components and does not result in any change to an existing contractual relationship for you; 18.2. 3 if the change is necessary to conform the Terms of Use with applicable legal requirements, in particular if there is a change in the applicable legal situation, and if the change does not have any material detrimental effect on you; or 18.2.4 if Pavel Sergeevich Kucherov is required to implement the change in order to comply with a judgment binding Pavel Sergeevich Kucherov or a binding decision of an authority, and if the change does not have any material detrimental effect on you. 18.3 You will be informed of such changes to the Software. or 18.2.4 if Pavel Sergeevich Kucherov is required to implement the change in order to comply with a judgment binding Pavel Sergeevich Kucherov or a binding decision of an authority, and if the change does not have any material detrimental effect on you. 18.3 You will be informed of such changes to the Software. or 18.2.4 if Pavel Sergeevich Kucherov is required to implement the change in order to comply with a judgment binding Pavel Sergeevich Kucherov or a binding decision of an authority, and if the change does not have any material detrimental effect on you. 18.3 You will be informed of such changes to the Software.
19. SUPPORT AND REPORTING
19.1 We only provide support services for the operation of the Software. If you become aware of any misuse of the Software, including libelous or defamatory behavior, you must report it to Pavel Sergeevich Kucherov. I encourage you to seek assistance if you experience any problems with the Software in the following ways: 19.1.2 by requesting through the “Support” form embedded in the Software (when logged into your customer account); 19.1.3 by sending an email to support@opexflow.com.
20. GENERAL PROVISIONS
20.1 These Terms of Use, including the Privacy Policy and any other URLs incorporated by reference into these Terms of Use, constitute the entire agreement between you and Pavel Kucherov with respect to your use of the Software. 20.2 The parties agree that if a party fails to exercise or enforce any legal right or remedy contained in these Terms of Use (or which it enjoys under any applicable law), this will not be considered a formal waiver and that those rights or remedies will continue to be available to the party. 20.3 If any provision of these Terms of Use is found to be illegal, invalid or unenforceable, it will not affect any other provision of these Terms of Use, and the agreement between you and Pavel Sergeevich Kucherov will be deemed amended to the extent necessary to make it legal, valid and enforceable. 20.4 No email address provided in the Software may be obtained or otherwise used for promotional purposes. 20.5 The relationship between the parties is that of independent contractors. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint venture, employment or trust relationship between the parties, and neither party shall have the right to enter into a contract or bind the other party in any way whatsoever. twenty. 6 These Terms of Use, the Purchase Agreement and any contractual or non-contractual disputes arising out of or in connection with the use of the Software shall be governed by and pursuant to Estonian law and resolved in Harju County Court (Estonia). 20.7 You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation shall release you from any obligation under these Terms of Use. 20.8 Pavel Kucherov may assign his rights and obligations under these Terms of Use to a third party. In this case, Kucherov Pavel Sergeevich will inform you in advance about the transfer to a third party in the Software. You will have the right to immediately terminate the Client Account if you do not agree to the transfer. 20.9 If any provision of these Terms of Use is held to be unenforceable or void by any court or arbitrator of competent jurisdiction for any reason, that provision will be limited or severed to the extent necessary, so otherwise otherwise, these Terms of Use will remain in full force and effect.
21. PROCEDURE FOR SUBMISSION OF COMPLAINTS
21.1 If you have any complaints about OpexFlow and/or the Services, you have the right to file a complaint by following the Complaints Procedure. 21.2 Pavel Sergeevich Kucherov is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
22. NOTICES
22.1 Pavel Kucherov may provide you with any notice under these Terms of Use by: (1) sending a message to the email address you provided and consenting to its use; or (2) by publishing in the Software. Notices given by email take effect when the email is sent, and notices provided by posting take effect after posting. You are responsible for keeping your e-mail address up-to-date and regularly checking your incoming messages. 22.2 To notify us in accordance with these Terms of Use, you must contact us at support@opexflow.com. 22.2 To request the consent of Pavel Sergeevich Kucherov to any of the actions, for which such consent is required under these Terms of Use, please send an email to support@opexflow.com. Kucherov Pavel Sergeevich reserves the right to reject any such requests at his sole discretion.
Contacts:
Kucherov Pavel Sergeevich TIN 770479015691 support@opexflow.com 8 800 500 19 03