Terms And Conditions
1. License. In accordance to the following terms and conditions WeakRisk Ltd. ( also “Licensor” ) grants the use to the Customer, as identified above, the software called “WeakRisk FX” ( hereinafter “the Software” ), an operational computer program, consisting of a suite of specific applications and in a product program which, based on statistical matrices and proprietary algorithms, analyzes and outlines market trends.
2. Choice and use of the software. The Customer declares to be aware of the characteristics of the Software, of the risks inherent in the activities carried out through the Software as described for illustrative purposes in the following point n. 12 and having chosen to suit his own needs.
3. Duration. This contract has a minimum duration of 1 month and a maximum of 12 months, at the discretion of the customer, decided at the time of payment, by credit card, from the date of stipulation. However, it’s right of each of the parties, rescind it within 10 days from the signing, in accordance with point n. 5.
4. Access to the private area and use of the Software. Every customer, become “registered user”, in possession of a valid username and password, will be able to access the restricted area and, through electronic links (web), use the Software. In any case WeakRisk Ltd.. is not liable for any damages arising from delays in delivery of the Username and Password due to force majeure or beyond its control. The software is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to law or regulation. It ‘s your responsibility to ascertain the terms of and comply with any applicable law or local regulation to which you are subjected.
5. Right to rescind. Within 10 days from the signature of this contract, the Customer has the right to rescind the contract in advance for good reason and without penalty, by notice in written comunication to WeakRisk Ltd. In case of withdrawal, the customer will be entitled to a refund of the amount paid for the purchase of the Software in accordance with this contract.
6. Use of the Software and security mechanisms. The customer has the right to access and view the Software, licensed by this agreement , by accessing to the reserved area by username and password. The software is equipped with protection mechanisms verifying the validity of an entrance that can be activated by username and password. The duration of a session is defined from the web server and is maintained valid for the exchange of datas with the final user. In the event that the system detected a second access with the same account, the previous access will be invalidated. In this case the user previously connected will receive an error message, clarifying that the disconnection is due to the connection made by another client. The parties agree that the license does not give the customer any rights to the source program and that all the techniques, the algorithms and procedures, contained in the program and attached documentation, are confidential information and property of WeakRisk Ltd. or of its licensors who own all the rights exclusively. It is expressly forbidden to the Customer to copy in whole or in part programs licensed for use under this contract.
7. Ownership – Prohibition of transfer.The Software is supply under license for use in fixed period, non-exclusively. It is expressly forbidden for the Customer, to sell it or to give it under sub-license, to any third party for any reason.
8. Secret – Amendments. The Customer undertakes to keep secret the contents of the software and to protect property rights of Licensor and its suppliers; in particular it’s strictly forbidden to modify the Products, or to incorporate it, in whole or in part, in other programs, or to do or permit the reverse engineering. In the case of violation of these restrictions, the Customer shall pay a penalty of €. 100,000, subject to the right of the WeakRisk Ltd. to a higher compensation for greater damages.
9. Fees. In consideration for the use of the Software, the Customer will pay to Weakrisk Ltd. the fees agreed for renting and detailed in the offer, depending on the length chosen by the Customer for the license at the time of payment.
10. Warranty. WeakRisk Ltd. Warrants exclusively that the Software is able to perform the operations described in point n. 1. Any potential check will be carried out only by using the tests provided by the Licensor. However the warranty is conditioned to the proper functioning of the computer, the operating system and its correct use by the customer.
11. Updates and Maintenance. WeakRisk Ltd. Is committed to continually improve its Software. To this end, updates and improvements to the Software will be communicated to the Customer who will be allowed to download the update at no additional charge. The assistance measures for use are not included in this contract.
12. Responsibility. In waiver of provisions of art. 1578 and successive regulations of the Italian Civil Code, WeakRisk Ltd. is not responsible for any damage caused to the Customer by error originated in or occurring later in the Software. WeakRisk Ltd. is not liable for any direct or indirect damage, however incurred by the Customer or third parties caused by the use or non-use of the Software. Even in the case of defects, WeakRisk Ltd. is required only to the replacement of the product, with the express exclusion of any other obligation (for example, assistance) or liability of WeakRisk Ltd. WeakRisk Ltd. assumes no responsibility for the results of operations that the customer should get using the services covered by this contract. In particular WeakRisk Ltd. will not be responsible for the length of service, for errors or inaccuracies, omissions, or other defects, timeliness or authenticity of the informations, for a delay of them, and for any other claims or losses from the customer. The Client exempts from now WeakRisk Ltd. from any responsibility relating to the provision of the services offered. Its contents have not been made in order to offer, recommend or solicit investment, so the analysis, the signals and any other information and / or indication provided as part of the services are for information only and do not constitute in any case financial advice or solicitation of public savings. The results are based on simulated or hypothetical performance results that have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. Moreover, since these operations have not actually been executed, these results may have under-or over-compensated the eventual impact, if any, of certain market factors, such as lack of liquidity. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely explain the impact of financial risk in real trading. For example, the ability to withstand losses or to adhere to a particular trading program, in spite of trading losses, are essential points which can also adversely affect effective trading results. The indications are therefore proposed as part of study or insights. The Licensor declines all responsibility for any negative consequences that may result from operability based on the indications above. It is essential to know and remember that the financial markets are highly speculative and risky, thus the potential use of data and information to support decision-trading purposes is at full risk of the Customer. Weakrisk Ltd. is not a bank or a credit institution, neither real nor virtual, does not offer banking services of any kind or form, not exercising in any way lending activities or other inherent to the specific banking sector. In the understanding that responsibility of Weakrisk Ltd. is limited on sending username and password to access the Software, in case if it was impossible, a conventional compensation according to art. 1229 of the Italian Civil Code will be made. The amount of this compensation will be equal to an amount equivalent to the economic value corresponding to the number of days of non-use of the product. Are expressly and conventionally excluded any kind of compensation for any loss, even if arising from hypothetical malfunction of the Software. The obligations relating to and resulting from the fulfillment of the law, in particular the respect of the financial and banking laws, are and remain the responsibility of the Customer.
13. Exclusive Forum. The Licensor and the Customer declare unanimously to recognize and accept, for every disputes of any nature, arising under this agreement, the exclusive jurisdiction of the Court of Bergamo(Italy), with the express exclusion of any other court.
According to Art. 1341 and 1342 of the Italian Civil Code the Customer specifically approves the points n. 2 ( Choice of the Software), n. 3 ( Duration ), n. 4 ( Access to the private area and use the Software), n. 6 ( Use of the software and security mechanisms), n. 7 (Ownership – Prohibition of transfer ), n. 8 (Secret – Amendments ), n. 9 ( Fees – Interest on arrears ), n. 10 ( Warranty ), n. 11 ( Updates & Maintenance ), n. 12 ( Responsibility ), n. 13 ( Exclusive Forum ).