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Terms of Use for Tradeify Holdings Corp

Effective Date: 1st August, 2024

These Terms of Use (“Terms”) govern your use of the website, platform, and services provided by Tradeify Holdings Corp (“Tradeify,” “we,” “us,” or “our”). By accessing or using Tradeify’s services, you agree to be bound by these Terms. If you do not agree, you must not use our services.

I. User Eligibility

1. Age and Legal Capacity
Users must be at least 18 years old or meet the legal age of majority in their jurisdiction. By registering or using Tradeify’s platform, users confirm they have the capacity to enter into legally binding agreements.

2. Legal Compliance
Users are responsible for complying with all applicable laws and regulations, including those related to online trading, taxes, and financial disclosures. It is the user’s sole responsibility to ensure their use of Tradeify does not violate local laws.

3. Account Integrity
Users are required to:

  • Keep their login credentials confidential.
  • Monitor all account activities.
  • Notify Tradeify immediately of any unauthorized use or security breaches.
    Tradeify is not responsible for losses arising from unauthorized access if the user fails to safeguard their account information.

4. Accurate Information
All information provided during registration or account updates must be accurate and truthful. Users must promptly update their account to reflect any changes. False information may result in suspension or termination of services.

5. Single Account Policy
Unless expressly authorized, users are restricted to one account. Violation of this policy may result in termination of all associated accounts and forfeiture of funds or profits.

6. Professional Conduct
Users must conduct themselves respectfully when interacting with Tradeify’s platform, staff, and other users. Harassment, abusive language, or unethical behavior will not be tolerated.

7. Risk Acknowledgment
Trading involves significant risks, including the potential loss of all invested funds. Users participate at their own risk and agree not to hold Tradeify liable for trading losses.

8. Prohibited Activities
Users must not:

  • Use the platform for unlawful purposes.
  • Exploit or manipulate platform features.
  • Upload harmful software, viruses, or malicious code.

II. Subscription and Payment Details

1. Subscription Services
Tradeify provides subscription-based access to trading tools, programs, and educational resources. Each subscription plan outlines specific features and benefits.

2. Automatic Renewal and Cancellations
Subscriptions renew automatically unless canceled before the renewal date. Users can cancel their subscription at any time via their account settings, with cancellation taking effect at the end of the current billing period.

3. Payment and Billing
Users agree to provide accurate payment information and authorize Tradeify to charge applicable fees. Failure to pay may result in account suspension.

4. Refunds and Credits
Refunds are governed by Tradeify’s Refund Policy, which specifies conditions for eligibility, request procedures, and applicable fees.

III. Refund and Cancellation Policy

This No Refunds Policy is an integral part of the Terms of Use for the Company. By accessing or using the services provided by the Company, including but not limited to evaluation programs and subscription-based offerings, you (“User”) agree to the following terms regarding refunds:

1. Non-Refundable Services

a. All fees paid to the Company for evaluation programs, subscriptions, or any other services are strictly non-refundable.
b. This includes, but is not limited to:
– One-time fees for ‘Straight to Sim Funded’ account programs and activation fees
– Subscription fees for ‘Growth’ and ‘Advanced’ evaluation programs
– Any other one-time or recurring charges for additional services or products offered by the Company

2. Service Fulfillment

Upon purchase of any service or program, the Company considers the service rendered in full upon granting the User access to the evaluation or platform. Refunds will not be provided regardless of:

  • The User’s progress or completion of the evaluation program
  • Any failure to meet the requirements for program qualification

3. Account Violations and Termination

In the event of account violations, rule breaches, or disqualifications as outlined in the Company’s rules and guidelines, the User is not eligible for a refund of any fees paid.

4. Technical and Third-Party Issues

The Company is not responsible for:

  • Technical malfunctions of third-party platforms used for trading or evaluations
  • Internet connectivity issues or hardware failures on the User’s side
    Refunds will not be issued due to such technical or external issues.

5. Discretionary Exceptions

The Company, at its sole discretion, may consider refund requests under exceptional circumstances. The decision to issue a refund is entirely at the Company’s discretion and is not guaranteed.

6. Acknowledgment of Agreement

By purchasing or subscribing to any service offered by the Company, the User acknowledges and agrees to this No Refunds Policy as a binding part of the Terms of Use.

This No Refunds Policy is legally binding and supersedes any verbal or written communication unless otherwise expressly agreed upon in writing by the Company.

IV. User Conduct and Use of Service

You may use the Tradeify Platform, including the Website and Discord community, only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

  • In any way that violates applicable federal, state, local, or international laws or regulations (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To exploit, harm, or attempt to exploit or harm minors in any way, including exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit or procure the sending of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, a moderator, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any conduct that restricts or inhibits others’ use or enjoyment of the Platform, or which, as determined by us, may harm Tradeify or users of the Platform, or expose them to liability.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use, including their ability to engage in real-time activities through the Platform (such as using the Discord community).
  • Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any material on the Platform.
  • Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Platform.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or harmful material.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the servers on which the Platform is stored, or any servers, computers, or databases connected to the Platform.
  • Launch a denial-of-service attack or a distributed denial-of-service attack against the Platform.
  • Otherwise attempt to interfere with the proper working of the Platform.

User Contributions

The Platform may contain interactive features (including, but not limited to, message boards, chat rooms, personal profiles, forums, and other similar spaces) that allow users to post, submit, publish, display, or transmit content (collectively, “User Contributions”) on or through the Platform.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

By posting any User Contribution, you grant Tradeify, its affiliates, service providers, and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose such material in accordance with your account settings.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license described above to Tradeify and its affiliates, service providers, and each of their respective licensees, successors, and assigns.
  • All of your User Contributions comply with these Terms of Use.
  • You are fully responsible for the content of any User Contributions you submit, and you, not Tradeify, bear full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Tradeify is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform, including the Discord community.

V. Content and Data Usage

1. Data Integrity
Users must ensure all submitted data is accurate and up-to-date. Errors or discrepancies should be reported to Tradeify immediately.

2. Intellectual Property
All content provided by Tradeify, including software, data, and materials, remains the intellectual property of Tradeify. Unauthorized reproduction, distribution, or use is prohibited.

3. Data Privacy
Tradeify adheres to data protection regulations. Personal and financial data will only be used to enhance services and will not be shared with unauthorized third parties.

VI. Termination of Service

1. Grounds for Termination
Tradeify may terminate accounts for:

  • Violations of these Terms.
  • Fraudulent, abusive, or unethical behavior.
  • Illegal activities or regulatory non-compliance.

2. Notice of Termination
Users will be notified of account termination via email, with reasons and possible appeal processes outlined.

3. Consequences of Termination
Terminated users lose access to Tradeify’s platform, and any funds or balances may be forfeited if termination is due to violations.

VII. Dispute Resolution

1. Negotiation First
Tradeify encourages amicable resolution of disputes through negotiation before pursuing formal channels.

2. Binding Arbitration
Unresolved disputes will be submitted to binding arbitration under the rules of the American Arbitration Association.

3. Governing Law
All disputes are governed by the laws of Texas, with exclusive jurisdiction in Texas courts.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

IX. Out-of-Court Settlements

1. Commitment to Resolution
Tradeify prioritizes resolving disputes without resorting to litigation or arbitration. Both parties agree to exhaust all negotiation and mediation efforts before pursuing formal legal channels.

2. Mediation Process
If disputes arise, both parties agree to engage a neutral third-party mediator. Mediation costs will be shared equally unless otherwise agreed.

3. Class Action Waiver
Users waive their rights to file or participate in class action lawsuits against Tradeify. Disputes must be resolved individually.

4. Dispute Notification
Users must notify Tradeify of any disputes within 30 days of occurrence and allow reasonable time for resolution.

X. Changes to Terms

This website is operated by the Company located at Hollywood, FL, USA.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Privacy Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support [at] tradeify.co.

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