PLEASE READ CAREFULLY THESE TERMS OF USE BEFORE ACCESSING OUR WEBSITE OR USING ANY OF OUR SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE OR IF YOU CANNOT REMAIN IN COMPLIANCE WITH SUCH TERMS OF USE, YOU MAY NOT ACCESS OUR WEBSITE OR USE ANY OF OUR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH ACCESS AND USE.

By using the Service and/or clicking “I accept” in connection with your registration, you hereby agree to comply with and be bound by these Terms and agree that you have authority to bind the organization you represent. You also represent that you are at least 18 years old and agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website and/or Services. You further acknowledge and agree that all information submitted by you in connection with registration is true, complete and not misleading.

You acknowledge and agree that we may update, modify, replace, update or change these Terms, in whole or in part, and at any time in its sole discretion, with or without prior notice to you. These changes will be effective as of the date the revised version of the Terms are posted on the Website. Your continued use of the Service, constitutes your acceptance of any changes or modification to these Terms.

1. AlgoCloud Services

Welcome to AlgoCloud.com, provided by AlgoWizardCloud LLC (“Provider“, “we” or “us“). AlgoCloud is both a web-based platform and a community. As a platform, it’s a place to write and test trading algorithms and engage in live trading of these algorithms via your connected broker accounts. As a community, it’s a place to meet other algorithm writers and to share algorithms, ideas, strategies, and trading experiences. By sharing algorithms and other content, members of the AlgoCloud Community can use, adapt, and learn from each other. AlgoCloud allows users to:

(i)     create algorithms for trading financial instruments accepted on regulated markets or other trading venues using technical indicators, mathematical functions, market data, fundamentals and other relevant data and functions (the „Trading Algorithms“);

(ii)    test Trading Algorithms against historical market data (i.e., perform backtests);

(iii)   connect the user’s account to the API of an investment firm or similar foreign person (the „Broker“) so that the Broker with whom the user has an account can be automatically sent user’s orders to buy or sell the financial instrument according to the Trading Algorithms;

(iv)   participate in discussions and share Trading Algorithms, trading strategies, ideas, trading experiences and other content with other Users within the AlgoCloud Community;

(v)    use any additional functionality and services offered by the Company in connection with the foregoing,

(all of the above functionalities and services of the AlgoCloud platform hereinafter referred to as the „Services“).

Your access and use of our Services, including your use and adaptation of algorithms and other content shared by other Members of the AlgoCloud Community are subject to the Terms of Use set forth herein. We grant you access to the platform and website as it may exist and be available on any given day and we have no other obligations, except as expressly stated in these Terms.

We operate in a highly regulated sector. The regulations may change and we may have to change our operations or the Terms.

We have the right to modify, replace, refuse access to, suspend, or discontinue our services or website, partially or entirely.

We reserve the right to withhold, remove or discard any content available as part of your account, website, means of information, or services provided, with or without notice.

In addition to the services described above, we may also provide services using other technological, commercial and legal solutions. Such services are provided pursuant to these Terms and special terms of the respective service, which may be set out in the Annexes of these Terms. In the event of any inconsistencies between the clauses of an Annex setting out the specific terms and conditions of a service, and the other clauses set out herein, the respective clauses of the Annex prevail in relation to the respective service.

PLEASE NOTE:  THE SERVICE DOES NOT PROVIDE ANY INVESTMENT ADVICE, AND ANY TRADES WILL BE EXECUTED BY YOU AND/OR YOUR BROKERS THROUGH THE BROKERS‘ TRADING SYSTEM(S).  ALL INVESTMENT DECISIONS AND TRADES ARE THE RESPONSIBILITY OF EACH MEMBER/USER AND THEIR APPLICABLE BROKERS.  WE DO NOT MAKE ANY REPRESENTATION OR WARRANTIES WITH RESPECT TO THE QUALITY, ACCURACY OR PERFORMANCE OF ANY TRADING ALGORITHMS OR CONTENT ACCESSED OR DEVELOPED THROUGH THE SERVICES.

2. Definitions

1. Collaborative Content means the content to the extent you choose to post, display or otherwise you make it available to any selected Member(s), but do not otherwise make such content available in Community.
2. Common Areas mean all shared content that is published anywhere on the web and uploaded to the Website.
3. Community means areas accessible to all Members of the Website and Services, but do not include areas accessible only to you, such as your private algorithms and personal account pages, or areas where you allow only selected Members to access your Content.
4. Content means entire or partial algorithms, code and code segments, trading strategies, text, messages, images, graphics, video files, audio files, ideas and other information and materials.
5. Member (or User) means a person who uses the AlgoCloud platform and/or Services.
6. Shared Content means the Content (other than third party data) that we, you, or other Members have shared with the Community.
7. Third Party Content means a part of the Content contained on our Website or Services that is not in the nature of Shared Content and that may be supplied by third parties, including, without limitation, data providers, advertisers, and Members.
8. Website means the website(s) through which the AlgoCloud platform and/or Services are accessed or displayed.

3. Registration, Order, Account and Payment

1. While using the AlgoCloud platform, services or website you must be at least 18 years old (or the age of contractual capacity) and you confirm that (i) you are eligible to do so and not restricted legally, based on your residency, geographic location, or other eligibility criteria; (ii) you have complied with all regulatory requirements, including without limitation, registration as a broker-dealer or investment adviser, if and as applicable.
2. You agree that information you submit to us about yourself is true, accurate, current and complete. You agree to update your registration and profile information to keep it current and accurate.
3. To become a Member, you must fill in the registration form and submit it to us. In this form you are asked to provide us with current, complete and accurate personally identifiable information, including, without limitation, your name and surname, the email address and phone number.
4. The registration form requires information which may include, without limitation:
   1. your contact information such as name and surname, email address, telephone number, invoicing address
   2. the exact name of the Service ordered
   3. the quantity of the Services ordered
   4. the chosen method of payment for the order (regarding a paid version)
5. The act of sending off the registration form is regarded as an indisputable way of identification of the person, ordered Service, the price and the method of payment, and it is considered as a mutually binding proposal of the agreement governed by these Terms of Use. The condition of the validity of the registration is that all the mandatory data in the registration form must be entered and you must have confirmed their familiarity with these Terms of Use and Privacy Policy available on our Website.
6. All registrations and orders received by the Provider are binding.
7. Before sending off the registration form, you are allowed to check and change the data entered into the order. The data entered into the order are considered by the Provider as correct. You send the order by clicking on Register button.
8. As part of the registration process, you are asked to select a username and password. Please note that you are entirely responsible for maintaining the security and confidentiality of your account information, including your username and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. We may hold you liable for any losses incurred by AlgoWizardCloud LLC or any other party due to someone else’s use of your account or password. You agree to notify us immediately upon your becoming aware of any unauthorized use of your account or any other breach of security involving your account. AlgoWizardCloud LLC will not be liable for any loss that you or any other party may incur as a result of someone else’s use of your password or account, either with or without your knowledge.
9. You further agree to keep any registration information you provide to us current, complete and accurate.
10. Presentation of our Services marketed on the Website serves only for informative purposes and we are not obliged to conclude an Agreement with respect to these Services.
11. We may, in our sole discretion, refuse to allow you to establish an account with us, or limit the number of accounts that a single user may establish and maintain at any time.
12. You may not transfer your AlgoCloud account and user ID to another party or enable access to any other party without our consent.
13. If an account is held in joint names, then each account holder is jointly and severally liable for all liabilities and obligations in respect of the account. We will assume instructions received from such an account are given on behalf of and with the knowledge of all holders, directors and eligible persons of the account holder. Any action we may take regarding such instructions will be binding on all account holders.
14.  
15. If the Services you selected are then currently subject to fees specified on the Website, you will be obligated to pay the fees as set forth therein. We reserve the right to update the fees from time-to-time, which updates shall take effect at the next applicable billing period. In the event that you fail to pay fees when due (including if your payment method on file is expired), we may suspend your access to and/or use of the Services until fees are paid.
16. From time to time, we may do promotions to promote sales. These promotions, mainly in the form of adding some extra rights for Members and potential Members, are valid for as long as they are published on our Website or in Member’s account and do not constitute a future obligation to provide further promotions and/or sales.

4. Limitations of Use of Services

1. Provided that you agree with and comply fully with the provisions of these Terms of Use, we provide to you the access our Website and use our Services, which is limited only for the following purposes:
   1. your personal use,
   2. educational use at not-for-profit schools and universities,
   3. to the extent AlgoWizardCloud LLC has otherwise expressly authorized in a separate written agreement, applicable to you, for internal business or other purposes.
2. Any and all uses not expressly authorized above or elsewhere in this Terms of Use are prohibited; and to be clear, you are not allowed to use our Website or our Services to provide any content or services to a third party for commercial purposes. Violations will be prosecuted according to the Civil and Criminal law.
3. Certain features of our Website or our Services are available only to Members who register for paid plan.
4. You acknowledge and understand that we provide Content, tools and infrastructure designed to allow you to learn, create, test, and use your algorithms and algorithmic trading strategies for educational purposes only and they should not be regarded as a suggestion to engage in or refrain from any investment-related course of action. You can create your own algorithms or use algorithms made available on the Website as Shared Content (as defined below).

5. Prohibited Activities

1. Other than as provided at the end of this Article in respect of Shared Content, you acknowledge and agree that you will not:
   • copy, modify, publish, transmit, distribute, transfer or sell, create derivative works of, or in any way exploit, any of the Content accessible through the Website not submitted or provided by you, including by use of any robot, spider, scraper, scripting, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology, unless you obtain AlgoWizardCloud LLC prior written consent,
   • copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any data, software, or other Content, information, products or services obtained through our Website or our Services,
   • use our Website or our Services to advertise, market, sell, or otherwise promote any commercial enterprise that you own, are employed by or are otherwise compensated by, either directly or indirectly,
   • post, upload, or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable or which may invade another’s right of privacy or publicity, post, upload, or transmit any data or other Content that contains a virus, worm, Trojan horse, or any other contaminating or destructive feature, post, upload, or transmit data or other Content in violation of any law, rule, regulation, code, statute, ordinance, order of any court or other governmental authority, or any agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others, post, upload, or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resumé information such as opinions or notices, commercial or otherwise,
   • use any of our Website’s or our Service’s communications features in a manner that adversely affects the availability of its Content or resources to other users,
   • post, upload, or transmit any data or other Content that infringes, violates or misappropriates any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party or violates a third party’s right of privacy or publicity,
   • manipulate or otherwise display or obstruct portions of our Website and/or our Services by using framing or similar navigational technology,
   • register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any AlgoWizardCloud LLC product or Service if you are not expressly authorized by such party to do so,
   • assign the contract to a third party without our prior written consent,
   • use our Website and/or our Services for any purpose that is unlawful or prohibited by these Terms of Use,
   • use our Website or our Services in any manner that could damage, disable, overburden or impair AlgoWizardCloud LLC’s servers or networks, or interfere with any other user’s use and enjoyment of our Website or our Services,
   • attempt to gain unauthorized access to any of the Website, Services, accounts, computer systems or networks connected to AlgoCloud through hacking, password mining or any other means,
   • obtain or attempt to obtain any Content through any means not intentionally made available to you by AlgoWizardCloud LLC or as provided as Shared Content through our Website or our Services,
   • knowingly provide any Content that is false or inaccurate or will become false or inaccurate at any time,
   • use any engine, software, tool, agent or other device or mechanism to navigate or search our Website, other than the search engines and agents available through our Service and other than generally available third party web browsers,
   • access the Website or use our Services by any means other than through AlgoWizardCloud LLC-provided or approved interfaces,
   • access or use our Website or our Services to intentionally or unintentionally violate any applicable national or international law.
2. Notwithstanding the prohibition on any of the above activities, we want to foster a community where Members exchange and share Content that they have the right to make public. Accordingly, you are permitted to copy, modify, use, comment on and / or republish, both on and off our Website and our Services, reasonable amounts of Shared Content posted by another Member or by AlgoWizardCloud LLC for the following purposes consistent with our mission to help people write, test and improve their algorithms
   • for your personal use,
   • for educational use at not-for-profit schools and universities,
   • to the extent AlgoWizardCloud LLC has expressly authorized in a separate written agreement, applicable to you, for internal business or other purposes.
3. You shall only post content that you own, have created, or that you have clear permission to publish, and if you do copy, modify, comment on or republish Shared Content posted by another Member or AlgoWizardCloud LLC, you must:
   – attribute authorship of that Shared Content to such Member or AlgoWizardCloud LLC, as applicable; and
   – provide the link to the appropriate URL on the Website at which you accessed the Shared Content.
   All comments that you post to the Website should be respectful of others and in all cases subject to the restrictions and guidelines of good behavior outlined in this Article. To be clear, the right to access and copy, modify and / or republish any Content that you have not authored is limited to the Shared Content posted by another Member or by AlgoWizardCloud LLC for the above-stated purposes and use. You are not permitted, and are expressly prohibited from copying, modifying, and republishing the Content of AlgoWizardCloud LLC and its other Members except as expressly permitted above. Should a question arise in the future as to what does or does not constitute Shared Content, or how it may be used, you may contact us at [email protected].
4. You may not make any representation or warranty to any third party with respect to performance or operation of the Services, including, without limitations, that AlgoWizardCloud LLC or the Services validated or guaranteed the quality or performance of any Trading Algorithm.
5. We reserve the right at all times to monitor, review, retain, and/or disclose any information, including the details of your activity, as we deem appropriate or necessary; including, without limitation, to satisfy any applicable law, regulation, sanctions programs, legal process, or governmental request.
6. WE RESERVE THE RIGHT TO CANCEL AND/OR SUSPEND YOUR ACCOUNT AND/OR BLOCK ANY TRANSACTION IMMEDIATELY AND WITHOUT NOTICE IF WE DETERMINE, IN OUR SOLE DISCRETION, THAT YOUR ACCOUNT IS ASSOCIATED WITH A PROHIBITED USE, WHETHER UNDER THESE T&CS OR UNDER ANY APPLICABLE LAW.

6. No Liability for Third Party Content and Shared Content Created by Members

1. AlgoWizardCloud LLC is a distributor (and not a publisher) of Third Party Content and Content provided by Members. Any reliance you place on Third Party Content or Content shared by Members is therefore at your own risk. Any Third Party Content or Content shared by Members, including, without limitation, such Content in the nature of opinions, advice, statements, services, offers, data or other information, expressed or made available on the Site or through the Services are those of the respective authors or distributors thereof, and not AlgoWizardCloud LLC. Neither AlgoWizardCloud LLC nor any third-party provider or distributor of data on or through our Website or our Services guarantees, endorses, or is otherwise responsible or liable for the accuracy, completeness, timeliness, reliability, availability, or usefulness of any Content accessible through our Website or our Services. You acknowledge that we do not and have no obligation to pre-screen any Content. However,  we do have the right (not the obligation), in our sole discretion, to refuse, edit, move, or remove any Content or Third Party Content.

7. Proprietary Rights

1. You retain ownership of all Content you submit, post, display, or otherwise make available on our Website or our Services.
2. As further described below, in using our Website or our Services, you may choose to:
   • make your Content available to all Members as Shared Content,
   • make your Content available to selected Members as Collaborative Content,
   • make your Content available only to you as Private Content.
3. AlgoWizardCloud LLC will use reasonable best efforts to safeguard and use your Content as described in these Terms of Use and Privacy Policy.
4. If you choose to post, display or otherwise make your Content available in the Community, such Content is considered Shared Content. By so posting any of your Content in Community of our Website and our Services, you hereby grant to AlgoWizardCloud LLC, users of our Website and our Services, and other Members a worldwide, sublicensable, assignable, royalty-free, fully paid, perpetual, irrevocable right and license to make, have made, use, reproduce, modify, translate, distribute, transmit, create derivative works of, perform, display, import, and otherwise exploit, without the requirement to make any payment to you or the need to seek any third party permission, such Content in any form, media, or technology, whether now known or hereafter devised or developed, and to allow others to do the same, but at all times, in accordance with our Privacy Policy.
5. When you choose to keep your Content private, we will use reasonable efforts to keep your Content private. All Content that you do not post, display, or otherwise make available in Community or share with any other selected Member(s) is treated as “Private Content,” unless expressly noted otherwise. This includes your account information, algorithms, datasets, and other Content that only you can access. AlgoWizardCloud LLC will not review, share, or otherwise make use of Private Content except as specifically provided in our Privacy Policy or these Terms of Use. With respect to these Terms of Use, AlgoWizardCloud LLC may, free of charge, access, reproduce, store, delete, review, share, or otherwise make use of Private Content in the following circumstances (including in source code or similar form):
   • if necessary in the course of providing technical support or other maintenance of our Website or our Services; for technical support or maintenance purposes,
   • in order to comply with any applicable legal requirements or order of any court order or governmental authority,
   • in the event that we consider, in our discretion, that such Content may constitute a violation of the Terms of Use, including an infringement or misappropriation of any third party right or other unauthorized use of Third Party Content,
   • in the event that we consider, in our discretion, that such Content may present a security risk, or
   • as necessary to enforce these Terms of Use or otherwise protect our rights.
6. With regard to your Private Content, you grant AlgoWizardCloud LLC a worldwide, sublicensable, assignable, royalty-free, fully paid, perpetual, irrevocable license to use your Private Content as described in this Agreement, including as discussed in this Article.
7. Regarding the Collaborative Content, you hereby grant AlgoWizardCloud LLC a worldwide, sublicensable, assignable, royalty-free, fully paid, perpetual, irrevocable license to use your Collaborative Content for all uses applicable to your Private Content as well as any other uses (such as reproduction, display, and transmission) necessary to facilitate sharing of your Collaborative Content with the Members with whom you choose to collaborate. Other business or legal terms relevant to your collaboration, such as scope of use, licensing, ownership, or other relevant rights and obligations with respect to your Collaborative Content and derivatives, if any, are to be addressed between you and the Member(s) with whom you choose to collaborate.
8. You represent that:
   • you have the necessary rights to grant AlgoWizardCloud LLC and, as applicable, other Members the license to use your Content as described in paragraphs (4)-(7) above;
   • all Content you provide is true, accurate, current and complete; and
   • the Content you provide does not violate these Terms of Use.

The licenses you grant to AlgoWizardCloud LLC and applicable Members, as described above, continues even if you stop using our Website and our Services.

1. You understand and acknowledge that:
   1. the software, code, proprietary methods and systems used to provide our Website or our Services,
   2. the design, look and feel of our template reports,
   3. the graphical elements of our template reports,
   4. the Content (other than the Content submitted by you or on your behalf or Shared Content owned by you or other Members),
   5. any intellectual property therein

(collectively “Our Intellectual Property“) may not be copied, modified, reproduced, republished, posted, or transmitted by you unless it is Shared Content; and no Content, including Shared Content owned by AlgoWizardCloud LLC, but excluding Content submitted by you or on your behalf may be sold, offered for sale, or redistributed by you in a commercial manner without our prior written permission and the prior written permission of our applicable licensors (if applicable). You acknowledge and agree that Our Intellectual Property is the sole property of AlgoWizardCloud LLC. You must abide by all copyright notices, licensing terms, information, or restrictions, as amended, as applicable to any of Our Intellectual Property. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Intellectual Property or to obtain access to Our Intellectual Property except as generally and ordinarily permitted through our Website according to these Terms of Use. Certain of the names, logos, and other materials displayed on our Website or in our Services constitute trademarks, trade names, service marks or logos (“Marks“) of AlgoWizardCloud LLC. You are not authorized to use any such Marks.

8. Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to our Site or Services (collectively “Feedback“), you agree we may use the Feedback to modify our products and services (and the products and services of our affiliates) and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, sublicensable, assignable, royalty-free, fully paid, perpetual, irrevocable right and license to make, have made, use, reproduce, modify, translate, distribute, transmit, create derivative works of, perform, display, import, sell, offer for sale, make, have made and otherwise exploit, without the requirement to make any payment to you or to any third party or the need to seek any third party permission, the Feedback in any form, media, or technology, whether now known or hereafter devised or developed, and to allow others to do the same. This is true whether you provide the Feedback in any Content submitted publicly or privately, email or any other method of communication with us unless we have entered into a separate written mutual agreement with you that provides otherwise.

9. Privacy and Security

We process information about you in accordance with our Privacy Policy which is available on our website (found here https://algocloud.com/privacy-policy/) and incorporated by reference into these Terms of Service.

You hereby acknowledge that you have carefully read our Privacy Policy as it governs our treatment of any information, including personally identifiable information you submit to us or which we have collected from publicly-available sources. Please note that certain information, statements, data, and content (such as photographs) which you may submit to us are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that we (or any of our relevant service providers) may process such information, within the provisions of the Privacy Policy.

10. Limitation of Liability

1. BY REGISTERING TO BECOME A MEMBER OF THE PLATFORM AND USING OUR SERVICES YOU REPRESENT THAT YOU HAVE AN ADEQUATE UNDERSTANDING OF THE RISKS, IN PARTICULAR RISKS SET FORTH IN ITEM 13 HEREIN, USAGES AND INTRICACIES OF ALGORITHMIC TRADING SOFTWARE. THE MEMBER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO RISKS OF, USE OF, OR INABILITY TO USE, THE PLATFORM UNDER ANY CAUSE OF ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT INCLUDING NEGLIGENCE.
2. OUR WEBSITE AND OUR SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, AVAILABILITY, INTEGRITY, RELIABILITY OR TRANSMISSION OR RESPONSE TIME, DATA ACCURACY, FREEDOME FROM INTERRUPTION, AVAILABILITY, COMPLETENESS, RELIABILITY OR TIMELINESS, SUITABILITY OF CONTENT OR SERVICES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, USE, OR APPLICATION, OR ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OFPERFORMANCE . WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AlgoWizardCloud LLC DOES NOT WARRANT AND EXPRESSLY DISCLAIM THAT:
   • YOUR USE OF OUR WEBSITE AND/OR OUR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE,
   • ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE, COMPLETE OR TIMELY,
   • DEFECTS WILL BE CORRECTED,
   • ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND THE SERVICES AND ANY CONTENT PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE OUR WEBSITE, SERVICES OR BROKERAGE CONNECTION SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
3. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF OTHER SITES ACCESSIBLE THROUGH THE SITE OR SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. WE MAKE NO WARRANTY THAT ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES IN CONNECTION WITH YOUR ACCESS AND USE OF THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE SITE AND/OR THE SERVICES.
4. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR CONTENT AND COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES. YOU UNDERSTAND THAT WE ARE NOT OBLIGATED TO, AND DO NOT COMMIT TO, MAKE ANY ATTEMPT TO VERIFY ANY CONTENT POSTED ON THE SITE BY YOU OR ANY OTHER USERS.
5. AlgoWizardCloud LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE OR SERVICES, INCLUDING, WITHOUT LIMITATION: (i) THE USE OF, DELAYS IN OPERATION, TRANSMISSION OR RESPONSE OF, OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON OUR WEBSITE AND/OR OUR SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH OUR WEBSITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON OUR WEBSITE OR OUR SERVICES; (vi) ANY DAMAGE CAUSED BY MISTAKES, INACCURACIES, OMISSIONS, ERRORS, INTERRUPTIONS OR LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON OUR WEBSITE OR OUR SERVICES, OR (vii) ANY OTHER FAILURE OF PERFORMANCE OF OUR WEBSITE OR OUR SERVICES OR OTHER MATTER RELATING TO OUR WEBSITE AND/OR OUR SERVICES, IN EACH CASE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE CONTROL OF AlgoWizardCloud LLC IINCLUDING, BUT NOT LIMITED TO, ACTS OF NATURE, HARDWARE OR SOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR WEBSITE OR OUR SERVICES OR CONTENT STORED THEREIN. IN NO EVENT SHALL AlgoWizardCloud LLC’S BEAR LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE). TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. IN ANY EVENT, AlgoWizardCloud LLC’S AND THE ABOVE REFERENCED INDIVIDUALS‘/ENTITIES‘ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY YOU TO AlgoWizardCloud LLC FOR THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS; OR, IF YOU HAVE BEEN USING THE SERVICES FOR FREE, ONE HUNDRED DOLLARS (US$100).
6. YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED SUFFICIENT INFORMATION AS DISCLOSED BY ALGOCLOUD IN THESE TERMS AND FROM SUCH OTHER SOURCES (INCLUDING TAKING INDEPENDENT INVESTMENT AND OTHER ADVICE) TO UNDERSTAND THE PLATFORM AND THE SERVICES AND ALL ASPECTS OF ALGORITHMIC TRADING AND THE RISKS RELATED THERETO.
7. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO OUR WEBSITE AND TO PROVIDE OUR SERVICES IF YOU AGREE TO THESE LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES.

11. Investment Disclaimer; No Liability for Trading Injuries

1. You acknowledge and understand that the Services are not intended to supply investment, financial, tax or legal advice. The Services are not investment advice and any observations concerning any security, trading algorithm or investment strategy provided in the Services is not a recommendation to buy, sell or hold such investment or security or to make any other investment decisions. We offer no advice regarding the nature, potential value, risk or suitability of any particular investment strategy, trading algorithm, transaction, security or investment. You acknowledge and agree that any use of the Services, any decisions made in reliance on the Services, including any trading or investment decisions or strategies, are made at your own risk.
2. You acknowledge and agree that we shall have no liability for, and disclaim any warranties with respect to: (i) the profitability and/or performance against expected results of any Trading Algorithm developed hereunder or the use of any Content provided hereunder; (ii) the performance of any Trading Algorithm, including any Trading Algorithm that generates different results than any Backtest – a Backtest does not guarantee that the Trading Algorithm will achieve the same results in actual trading on the markets in financial instruments, as actual trading on the markets in financial instruments may be affected by other factors, including the technical setup of the relevant regulated market or other trading venue or deficiencies in the execution of trades; (iii) any trading results or performance in connection with use of the Service, including, without limitation, lower than expected returns or trading losses suffered by you or any third party; or (iv) any other losses of part or all of an investment or lower than expected returns when trading on the financial instruments markets, regardless of whether due to a failure of the Services, incorrect loading of input data or otherwise. It is your and your Brokers’ responsibility to properly check the details and execution of orders generated using a Trading Algorithm when actually trading on the financial instruments market.

12. Dukascopy Data Disclaimer and other Data Disclaimer

• The Dukascopy Trading Tools include different financial information. Such data are a result of original and unique methods and technology of information gathering, compilation, analysis and statistical evaluation developed by Dukascopy Bank SA. Therefore, such data reflect the current fair value of the respective financial instruments as independently assessed by Dukascopy Bank SA and NOT the actual values at a given point in time. If you are looking to obtain actual quotes please contact the respective entities that provide this information. The Dukascopy Trading Tools data and/or any other data available as free product from Dukascopy Bank’s website shall not constitute a forecast of the market value of any instruments at any future point either, and is not an investment advice or recommendation in any form. Anyone using and/or putting free web products including all or parts of the information taken from the Dukascopy Trading Tools and/or any other data available as free product from Dukascopy Bank’s website shall put a clear note to the public that such data are not meant to indicate the actual value at any given point in time but represent a discretionary assessment by Dukascopy Bank SA only. The market data assessment system is in constant development and is provided “AS IS”, “AS AVAILABLE”, “WITH ALL ITS FAULTS” and is offered without any covenants or any express, implied or statutory warranties including (without limitation and qualification) any warranties as to accuracy, functionality, performance, merchantability, quiet enjoyment, system integration, data accuracy or fitness for any particular purpose and any warranties arising from trade usage, course of dealing or course of performance.

13. Indemnification

14. Risks

1. Members acknowledge that the Services may be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of AlgoCloud  to continue to offer or develop the Platform and/or the Services, or which could impede or limit the ability of a Members to use the Platform and/or the Services.
2. Members recognize that the Platform and the Services will be under ongoing development and may undergo significant changes from time to time. The Member acknowledges that any expectations regarding the form and functionality of the Platform and the Services may not be met for any number of reasons including a change in the design and implementation plans and execution of the implementation of the Platform and the Services. Algorithmic order types may contain logical errors in the code to implement them. Errors may exist in the data used for testing the algorithm or the applicable model of the market. Despite testing and monitoring, inadvertent errors and bugs may still cause algorithmic order types to fail or behave incorrectly.
3. The Member understands that there is a risk that the Platform may unintentionally contain flaws or bugs in in its source code that affect the use thereof or cause the loss thereof.
4. Hackers or other groups or organizations may attempt to interfere with your account or the Website in a variety of ways, including but not limited to denial of service attacks, Sybil attacks, spoofing, smurfing, malicious attacks or consensus-based attacks. Although AlgoCloud and third-party service providers shall strive to ensure safety of the Services, Member understands that it can be in no way guaranteed.
5. Losses can happen more quickly with electronic and algorithmic trading compared to other forms of trading. Any or all of the above risk factors could cause more significant trading losses when using algorithmic trading compared to other forms of trading.

15. Termination

1. This Agreement shall remain effective until terminated:
   • by mutual agreement
   • by closing your account by you
   • by closing your account by us
   • in other cases in accordance with these Terms of Use.
2. You agree that AlgoWizardCloud LLC, in its sole discretion, may terminate your account, or use of our Website or our Services, and remove and discard any Content within these Websites, at any time and for any reason. You agree that any actions taken under this Article may be effective without prior notice to you. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO OUR WEBSITE OR OUR SERVICES OR DELETION OF YOUR ACCOUNT OR YOUR UPLOADED CONTENT. In the event of termination, however, those articles in this Agreement which, by their nature, survive termination of the Agreement shall so survive. Specifically, and without limitation, the licenses you have granted to AlgoWizardCloud LLC and to third parties to use any Content, Shared, Collaborative, and/or Private, submitted by you or through your account, survives the termination of this Agreement. Your right, as described in this Agreement, to access and use any Content and/or Shared Content owned by AlgoWizardCloud LLC does not survive the termination of this Agreement.

16. Amendments and Modifications of Terms of Use

• AlgoWizardCloud LLC may amend or modify these Terms of Use from time to time and at any time. Your access of our Website and use of our Services following any such amendment or modification shall be deemed your acceptance of such amendment and modification. You agree to review the Agreement periodically to be aware of such amendments and modifications.

17. Final Provisions

1. This Agreement constitutes the entire agreement and understanding between you and AlgoWizardCloud LLC and governs your use of our Website and our Services, superseding any prior agreements between you and us.
2. By filling in the registration Website form and sending it off, you express you have read these Term of Use and agree with it and accept it in its entirety.
3. This Agreement and the relationship between you and AlgoWizardCloud LLC shall be governed by and construed in accordance with the laws of the state of Wyoming, United States of America.
4. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision or if that is not possible, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.
5. This Agreement is not assignable, transferable or sub-licensable by you without our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent and/or without notice to you.
6. You agree that all correspondence between you and us is considered as delivered even if it is sent to the email address of the other party specified in the footer of these Terms of Use and in your Profile. Email correspondence has, by agreement of the parties, the value of the written form.
7. You agree that you and us undertake to resolve any disputes amicably, respectively using a With respect to disputes that are not resolved by mediation, the parties agree that any litigation will be in the exclusive jurisdiction of the state and federal courts located in [Wyoming, United States of America] and the parties hereby consent to the personal jurisdiction thereof.

18. Contact Information

1. AlgoWizardCloud LLC welcomes your comments or questions regarding these Terms of Use.
   Please email us at [email protected]
2. Provider Information:
   AlgoWizardCloud LLC
   30 N Gould St Ste R
   Sheridan, WY 82801
   Wyoming, United States
   [email protected]

These Terms of Use come into effect on 1st March 2023. This document was last updated on March 13, 2024