Legal warning
Index
1 Introduction
2 The Services
3. The IQ Market Systems Services
4. Warranties and Liabilities
5. Third Party Websites and Services
6. Content and Liability
7. Indemnification
8. Data Protection, Privacy and Cookies
9. Changes
10. Opt-Out
11. Assignment to Third Parties
12. Severability
13. Entire Agreement
14. Applicable Law and Jurisdiction
15. Disclosures
1. Introduction
1.1 Welcome to IQMarketSystems.com, a financial algorithm website and service provided through the company IQ Market Systems S.L. (hereinafter referred to as "IQ Market Systems", "we", "our" or "us").
1.2 These Terms of Use govern your use of IQBots.com (the "Website") and all related algorithms, tools, applications, data, software, APIs (which may also be subject to separate API terms of use if necessary) and other services provided by IQ Market Systems now and in the future (the "Services").
1.3 These Terms of Use, together with our separate document on the collection, use and protection of your personal information (the "Privacy Policy")[DD1] and any other terms specifically mentioned in any of those documents, constitute a legally binding agreement (the "Agreement") between you and IQ Market Systems S.L. in connection with your use of the Website and Services (collectively, the "Services").
2. The Services
3. Warranties and liability
3.1 The User represents and warrants to IQ Market Systems the following:
Your use of our Services, i.e. our codes and algorithms, including any comments you may post on third party websites, is not and will not be illegal, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism or illegal acts, or incite hatred on the basis of race, sex, religion or sexual orientation.
The use of our services, i.e. our codes and algorithms, does not and will not create any liability on the part of IQ Market Systems, its subsidiaries, affiliates, successors and assigns, and their respective employees, agents, directors, officers and/or shareholders.
No part of our Services should be considered or understood as investment advice by us.
Except as expressly stated otherwise, our Services are not intended to provide personal financial or investment advice. Our Services do not take into account your particular investment objectives, financial situation or investment needs. Any Algorithm offered through our Services is used at your own risk.
Users are not permitted to sell or transfer, or offer to sell or transfer, any IQ Market Systems algorithm to any third party without prior written approval from IQ Market Systems.
3.2 IQ Market Systems reserves the right to terminate your access to our codes and algorithms, suspend or terminate your access to the Services and/or pursue all legal remedies if we believe that any use or conduct by you violates any of the foregoing representations or warranties, or otherwise infringes the rights of another person or violates any law, rule or regulation. You represent and warrant that you have obtained and/or will obtain all necessary and legally enforceable written consents.
3.3 You, as a User, are solely responsible for your use of our Services and any code or algorithms you access through our Services in any way that you upload, publish or distribute to, on or through third party websites, and to the extent permitted by law, IQ Market Systems excludes all liability in respect of your use of our Services and the activities of its users in connection therewith.
3.4 You, as a User, understand that you are responsible for evaluating our Services in relation to your particular usage objectives. You should not use our Services before evaluating how they suit your needs.
3.5 You, as a User, understand that any decisions you make based on the use of our Services are made solely at your discretion and we do not accept any liability for any action you have taken based on the use of our Services. We strongly advise you to seek sound investment advice from reputable professionals before using our Services or making any financial decisions.
3.6 If, as a User, you discover any content on the Services that you believe infringes your copyright or trademark (or that of any other person) or if you discover any content that infringes or otherwise violates any of your other rights, that you consider to be defamatory, pornographic, obscene, racist or otherwise likely to cause widespread offense, or that constitutes phishing, harassment, spamming or otherwise violates these Terms of Use, any applicable guidelines we choose to enforce or applicable law, please notify us at info@IQMarketsystems.com
3.7. You, as a User, understand that we do not guarantee any results as to the performance of your investments that you have made based on the use of our Services.
3.8 You, as a User, understand that to the extent permitted by law, we will not be liable for any loss or damage you suffer from using or accessing our Services.
4. Third party websites and services
5. Content and responsibility
5.1 IQ Market Systems has no legal obligation to monitor the content of our website or the use of our codes or algorithms provided through your subscription. However, IQ Market Systems reserves the right to block, remove or delete any content at any time, and to limit or restrict access to any of our Services or any content on our website, for any reason and without liability, including without limitation, if we have reason to believe that such content infringes or may infringe the rights of any third party, has been uploaded or posted in violation of these Terms of Use or applicable law, or is otherwise unacceptable to IQ Market Systems. Any such decision in terms of the nature of the content on our website and whether or not it should be removed will be made at the discretion of IQ Market Systems.
6. Limitation of liability
your inability to access or use the Services or any part or parts thereof, or to access any content or any external services through the website;
any changes IQ Market Systems may make to our Services or any part thereof, or any temporary or permanent suspension or cessation of access to our Services or any content in or from any or all territories;
any action taken against you by third party rights holders in respect of any alleged infringement of such third party rights in connection with your use of the Services, or any action taken as part of an investigation by IQ Market Systems or any relevant law enforcement authority in connection with your use of the Services;
any error or omission in the technical operation of the website, or any inaccuracy or defect in any content or any information relating to the content of our website;
your failure to provide IQ Market Systems with accurate or complete information, or your failure to properly maintain the confidentiality of your username or password;
any loss or damage to any computer hardware or software, any loss of data), or any loss or damage arising from any breach of security; and/or any loss of profit, or any loss you suffer that is not a foreseeable consequence of IQ Market Systems breaching these Terms of Use. A loss is foreseeable when it could be contemplated by you and IQ Market Systems at the time of agreeing to these Terms of Use, and as such does not include any indirect loss such as loss of opportunity.
You understand that our Services do not constitute financial advice, financial planning or act as a service in any way providing advice on financial or trading matters. We provide a Service where your subscription grants you access to specific codes and algorithms that act as tools in terms of screening financial assets. Our Services are not provided by financial planners, registered accountants or any registered entity licensed to act as a financial service. As such, our Services should not be considered as independent investment analysis.
7. Compensation
You agree to indemnify, defend and hold harmless IQ Market Systems, its successors, assigns, affiliates, agents, directors, officers, employees, partners and shareholders from and against any and all claims, liabilities, damages, losses, expenses and costs, including reasonable attorneys' fees, resulting from:
any violation by you of these Terms of Use or any applicable guidelines; or
any third party claim for loss or damage due to your use of the codes and algorithms provided to you through your subscription to our Services.
8. Data protection, privacy and cookies
Any personal data that you as a User provide to us in connection with your use of the Services is collected, stored, used and disclosed by IQ Market Systems in accordance with our Privacy Policy and our Cookie Policy.
9. Changes
10. Termination
11. Transfer to third parties
IQ Market Systems may assign its rights and (where permitted by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including, without limitation, to any person or entity acquiring all or substantially all of IQ Market Systems' assets or business. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without IQ Market Systems' prior written consent. Any request for such assignment will be dealt with at IQ Market Systems' sole discretion.
12. Divisibility
If one or more provisions of these Terms of Use are deemed unlawful, void or unenforceable, such provision(s) shall be deemed severable and shall not affect the validity and/or enforceability of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
13. Complete Agreement
These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and IQ Market Systems with respect to your use of our Services, and supersede any prior agreements between you and IQ Market Systems. Any modifications to this Agreement must be made in writing.
14. Applicable law and jurisdiction
15. Money back guarantee
The refund must be requested within 7 days of your order and the total return on your purchased algos must be negative in that 7 day period (with the recommended position size and settings). If you have signed up for the free trial, we assume you have already done your due diligence and the guarantee will not be valid.