Terms & Conditions
End User License Agreement (EULA)
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or an entity, hereinafter referred to as "User" or "You") and Mozart Analytics FX LLC. ("Company", "We", "Us", or "Our") for the use of the AutoTrade software and any associated services, documentation, and updates (collectively, the "Software").
By installing, accessing, or using the Software, you agree to be bound by the terms and conditions of this EULA. If you do not agree to the terms of this EULA, do not install, access, or use the Software.
1. Grant of License
Subject to your compliance with the terms of this EULA, the Company grants you a limited, non-exclusive, non-transferable, and revocable license to install and use the Software on a single device solely for your personal, non-commercial use.
2. Subscription and Billing
The Software is provided as a subscription-based service. By subscribing, you agree to pay the applicable fees in accordance with the subscription plan you have chosen. The Company reserves the right to change subscription fees at its sole discretion and without prior notice. Any changes to the subscription fees will be communicated to you, and your continued use of the Software after such changes indicates your acceptance of and agreement to the revised fees. Your subscription will automatically renew at the end of each billing cycle unless you cancel the subscription. Cancellation will take effect at the end of the current billing cycle, and no refunds or credits will be provided for partially used periods. The Company may, at its discretion, discontinue the Software or associated services without prior notice. In the event of discontinuation, the Company will not be liable for any losses, damages, or inconveniences resulting from the discontinuation. Additional fees may apply for certain features, functionalities, or services related to the Software. You will be informed of any such fees before using the respective features, functionalities, or services, and your use of them indicates your acceptance of and agreement to the applicable fees.
3. Restrictions
You may not:
- Rent, lease, lend, sell, redistribute, or sublicense the Software.
- Modify, reverse engineer, decompile, or disassemble the Software.
- Remove any copyright, trademark, or other proprietary notices from the Software or its documentation.
- Use the Software for any illegal, fraudulent, or unauthorized purpose.
- Transfer your rights to use the Software to another person or entity.
4. Intellectual Property Rights
The Software is the property of the Company and is protected by copyright, trademark, and other intellectual property laws. All rights, title, and interest in and to the Software, including any improvements, modifications, or updates, shall remain with the Company.
5. Termination
This EULA is effective until terminated by either party. You may terminate this EULA at any time by canceling your subscription and ceasing all use of the Software. The Company may terminate this EULA if you fail to comply with any of its terms and conditions. Upon termination, you must cease all use of the Software and destroy all copies in your possession.
6. Warranty Disclaimer
The Software is provided "as is" without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Software will meet your requirements or that its operation will be uninterrupted or error-free.
7. Limitation of Liability
In no event shall the Company be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of or inability to use the Software, even if the Company has been advised of the possibility of such damages. The Company's total liability for any damages under this EULA shall be limited to the amount you have paid for the Software during the twelve (12) months preceding the event giving rise to the claim.
8. User's Responsibility for Trade Validation
It is the user's responsibility to validate all parameters and configurations before and after placing a trade. The Company shall not be held liable for any losses or damages resulting from the user's failure to properly validate the parameters and configurations within the Software.
9. Changes to the Service or Software
The Company reserves the right to modify, update, suspend, or discontinue the Software or any associated services at its sole discretion and without prior notice. Such changes may include, but are not limited to, adding new features, removing existing features, or updating the Software's user interface. Users acknowledge and agree that the Company shall not be held liable for any losses, damages, or inconveniences resulting from such changes, and that their continued use of the Software following any updates or modifications indicates their acceptance of and agreement to those changes.
10. Governing Law and Jurisdiction
This EULA shall be governed by and construed in accordance with the laws of Puerto Rico, without regard to its conflict of laws principles. Any legal action or proceeding arising under this EULA shall be brought exclusively in the courts located in Puerto Rico, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
11. Amendments
The Company reserves the right to modify this EULA at any time, without any obligation to notify you of such changes. Any such modifications will be effective immediately upon posting the revised EULA on our website, through the Software, or by other means. Your continued use of the Software following the posting or implementation of any modifications constitutes your acceptance of the revised EULA. It is your responsibility to periodically review this EULA for updates.
12. Privacy
By using the Software, you acknowledge and agree to the Company's Privacy Policy, which is incorporated herein by reference. The Privacy Policy describes the Company's practices regarding the collection, use, and disclosure of your information.
13. Export Compliance
You acknowledge that the Software may be subject to export control laws and regulations, and you agree to comply with all applicable laws and regulations regarding the export, re-export, or import of the Software. You shall not, directly or indirectly, export, re-export, or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.
14. Severability
If any provision of this EULA is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of this EULA shall not be affected and shall remain in full force and effect.
15. No Waiver
No waiver of any term or condition of this EULA shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and the Company's failure to assert any right or provision under this EULA shall not constitute a waiver of such right or provision.
16. Entire Agreement
This EULA, together with any other documents incorporated herein by reference, constitutes the entire agreement between you and the Company with respect to the Software and supersedes all prior or contemporaneous understandings, agreements, or representations, whether written or oral, regarding the Software.
By installing, accessing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this EULA. If you do not agree to the terms of this EULA, do not install, access, or use the Software.