Terms of Service

OVERVIEW

This website (mql4solutions.com) is operated by MQL4Solutions (“we”, “us”, or “our”). Our website, information, tools, software, custom (“bespoke”) software service and other services offered to you by us via this website, via email or other means of communication, are referred to collectively as our services (“Services”).

Your access to, and use of, our Services and our custom software, whether free or purchased, is conditioned upon your acceptance of, and compliance with, all terms and conditions in these Terms of Service (“Terms”, “Terms and Conditions”, “Agreement”).

These Terms apply to all visitors, users and others who wish to access or use our Services, including without limitation users who are browsers, vendors, customers, merchants, clients, and/or contributors of content.

We reserve the right to update, change or replace any part of these Terms.

If you disagree with any part of these Terms, you may not access our Services.

PLEASE READ AND AGREE TO ALL TERMS AND CONDITIONS IN THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO ACCESS OR USE OUR SERVICES OR SOFTWARE. BY CONTINUING TO ACCESS OR USE OUR SERVICES OR SOFTWARE, YOU AGREE TO ALL THESE TERMS AND CONDITIONS.

1 — GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, for reasons including but not limited to product or service availability, or other reasons.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information we provide on this site or in our Services should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. We are not a financial advisor. Any reliance on information from our Services is at your own risk.

Our Services may contain historical information. Historical information, necessarily, is not current and is provided for your reference only.

We reserve the right to modify the contents of our website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

3 — MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and Services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

4 — PRODUCTS OR SERVICES

We reserve the right, but are not obligated, to limit our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or Services that we offer.

Descriptions of products and Services, and pricing, are subject to change at any time without notice, at our sole discretion.

We reserve the right to discontinue any product or Services at any time.

5 — SUBMISSIONS

Any feedback, text, comments, files that you send to us, whether via online, email or other communication methods, are collectively referred to in these Terms as 'submissions'. We may, but have no obligation to, monitor, edit or remove submissions that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory or otherwise objectionable or violates any party's intellectual property or these Terms.

You agree that submissions you send to us will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You further agree that your submissions will not contain libelous or otherwise unlawful or abusive material, or contain any computer virus or other malware that could in any way affect the operation of our Services.

You may not use a false identity, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any of your submissions.

You are solely responsible for any submissions you make. We take no responsibility and assume no liability for any damage caused by your submissions, to yourself or any third-party.

6 — CUSTOM SOFTWARE

For the purposes of these Terms, 'Custom Software' shall refer to software, or a copy of software, that you have obtained from us via a custom request (“bespoke” service), where you have requested an automation of your procedures and we have delivered to you custom software that will help you to realize your specific automation task.

By ordering from us, you order an automation of your procedures, which is realized through the use of our Custom Software that we provide to you for personal use. By default, the Custom Software is provided to you for personal use, and you agree that it is for personal use.

You may redistribute your personal copy of Custom Software to other people at your own risk, without any warranties from us of any kind. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR (AND THAT WE HAVE NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR) ANY SERVICES AND/OR PRODUCTS THAT YOU PROVIDE TO ANY THIRD PARTY INVOLVING CUSTOM SOFTWARE THAT YOU OBTAINED FROM US.

You may not resell software obtained from us that is not Custom Software, unless expressly stated otherwise by us on a case-by-case basis. Software provided by us that is not Custom Software includes, without limitation: software that is offered as part of an online store or email campaign, software that runs via our website, software copies that we offer in a mass sale to several users of our Services, or otherwise software that was not obtained via a personal request via our custom (“bespoke”) service.

We may reuse and resell copies of Custom Software at our sole discretion. This includes, without limitation: Custom Software that automates a task that we deem is too simple or generic to be reasonably excluded from reuse or resale, software from our internal database that we provide to you as Custom Software to address a task which we deem is very generic, Custom Software that we deem was requested in a way where you did not describe an exact procedure to automate but rather you expressed a general wish to receive a type of product with general types of features without fully explaining the features as procedures to automate, or Custom Software that we otherwise deem was requested in a way that required us to provide the majority amount of creativity or knowledge or ideas during the process of clarifying the request.

We, the author of the source code underlying any Custom Software that we deliver to you, reserve intellectual property rights, ownership, copyright, and all other rights to our software, including without limitation the rights to its source code, engineering concepts, and algorithmic techniques used in authoring the software. We reserve full rights to use or reuse the underlying source code or any underlying algorithmic techniques in any way, including without limitation: in providing custom software solutions to other clients.

In certain cases, you might request to implement your brand, name or icon into the user interface of Custom Software. In these cases, we reserve full rights to use or reuse the software's underlying source code in any way, including without limitation: in providing custom software solutions to other clients.

In certain cases, you might request to purchase the source code of Custom Software. If we agree to the request and make the exchange, we reserve full rights to use or reuse the source code in any way, including without limitation: in providing custom software solutions to other clients. The source code is provided to you for your personal use, reuse, modification or education, but you do not gain exclusive rights to the source code, and you do not preclude us from using our source code and know-how in reasonably continuing to provide a custom software solutions service to other users of our Services.

WE RESERVE THE RIGHT TO REFUSE ANY REQUEST TO PURCHASE OUR SOURCE CODE, AND WE MAY DECIDE ON A CASE BY CASE BASIS AT OUR SOLE DISCRETION FOR ANY REASON. Our service offers custom task automation, by way of providing you Custom Software to realize the automation. By default our custom (“bespoke”) service does NOT include delivery of our source code, nor is the possibility of such an offer guaranteed.

Our Custom Software is configured for you by us using our large, mature and complex code bases developed internally for hybrid and rapid configurations of custom solutions, and this intellectual property is highly protected extensive literature that we use to substantially fulfill sparse English instructions given by a user, and both forms of literature, source code and English, significantly differ. We will usually NOT agree to sell our source code. It is your responsibility to ensure early that these Terms are right for you, before deciding to use our Services. We retain all rights to our source code.

We do not offer to do programming collaborations with external developers and share source code; we do not offer to do maintainence of source code external to MQL4Solutions; we are not available to be employed exclusively.

We accept and agree that any text written by you, in English or otherwise, might be your intellectual property, including any requirements that you might have written and sent to us. We do not object to you exercising your rights of ownership of these texts in their original form. We do not object to you seeking a patent for an idea.

7 — NO DECOMPILATION

You may not reverse engineer, decompile or otherwise attempt to discover the source code relating to any software provided in object code form to you by us.

8 — PRIVACY POLICY

This section is governed by our Privacy Policy.

9 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in our Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, charges, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice.

10 — PROHIBITED USES

You are prohibited from using our Services: (a) for any unlawful purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, other websites, or the Internet; (g) to interfere with or circumvent the security features of the Services, other websites, or the Internet. We reserve the right to terminate your use of our Services or your account with us for violating any of the prohibited uses.

11 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

You agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall MQL4Solutions, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Services or software or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or software any content or submissions posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.

No Warranties. YOU AGREE THAT MQL4SOLUTIONS HAS MADE NO EXPRESS WARRANTIES REGARDING SOFTWARE YOU RECEIVE FROM US WHICH ARE BEING PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND; MQL4SOLUTIONS HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS WITH RESPECT TO SOFTWARE YOU RECEIVE FROM US WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. MQL4SOLUTIONS FURTHER DOES NOT REPRESENT OR WARRANT THAT MQL4SOLUTIONS’ SOFTWARE WILL ALWAYS BE AVAILABLE AND ACCESSIBLE, THAT ITS OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE OR THAT ANY COMMUNICATION WILL BE COMPLETE AND ACCURATE. NOR DOES MQL4SOLUTIONS WARRANT ANY CONNECTION TO OR TRANSMISSION OF DATA FROM THE INTERNET, MADE THROUGH MQL4SOLUTIONS’ SOFTWARE. This clause survives termination of this Agreement.

Your Own Risk. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ANY AND ALL RISKS ARISING OUT OF THE USE OF ANY SOFTWARE YOU OBTAIN FROM US, TO THE MAXIMUM EXTENT PERMITTED BY LAW. This clause survives termination of this Agreement.

YOU UNDERSTAND AND AGREE THAT MQL4SOLUTIONS IS A SOFTWARE SERVICE AND DOES NOT PROVIDE OR OFFER ANY KIND OF FINANCIAL OR INVESTMENT SERVICES. NOR IS MQL4SOLUTIONS INVOLVED DIRECTLY OR INDIRECTLY IN ANY RESPECT IN ANY COMMISSION BASED PAYMENTS CONCERNING ANY TRADING OPERATIONS WHATSOEVER AND YOU SHALL INDEMNIFY AND HOLD HARMLESS MQL4SOLUTIONS AGAINST ALL AND ANY LIABILITY ARISING OUT OF THE USE OF ANY SOFTWARE OBTAINED FROM MQL4SOLUTIONS WHETHER OR NOT INVOLVING A THIRD PARTY CLAIM.

Limitation of Liability. IN NO EVENT SHALL MQL4SOLUTIONS, ITS AFFILIATES, AND EMPLOYEES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR: ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OR CORRUPTION OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE MQL4SOLUTIONS SOFTWARE; ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT), ARISING OUT OF THE USE OR INABILITY TO USE MQL4SOLUTIONS SOFTWARE. THESE LIMITATIONS ON LIABILITY SHALL APPLY WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE FORSEABLE. This clause survives termination of this Agreement.

12 — INDEMNIFICATION

YOU AGREE TO FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND MQL4SOLUTIONS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, LIABILITIES, LOSSES, SETTLEMENTS, JUDGEMENTS, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND COSTS, WHETHER OR NOT INVOLVING A THIRD PARTY CLAIM, WHICH ARISE OUT OF OR RELATE TO (A) VIOLATION OR BREACH OF ANY TERM, OBLIGATION, REPRESENTATION, WARRANTY OR DUTY CONTAINED IN THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR (C) USE OR MISUSE OF SOFTWARE YOU HAVE OBTAINED FROM MQL4SOLUTIONS. This clause survives termination of this Agreement.

13 — SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

14 — TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).

15 — ENTIRE AGREEMENT

If we do not exercise or enforce any right or provision of these Terms, it shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, 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 these Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

16 — GOVERNING LAW

These Terms and any separate agreements whereby we provide you the Services shall be governed by and construed in accordance with the laws of Australia.

17 — CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. Your continued use of our Services following the posting of any changes to these Terms constitutes acceptance of the changes. If we make material changes, we may notify you by prominently posting a notice on this page. We encourage you to review these Terms frequently.

18 — CONTACT

Questions about the Terms of Service should be sent to us at [email protected].