Terms Of Service And Legal Disclaimer
At Fractal Wave (FW) we aspire to provide the best possible service to our clients worldwide. To do so, we have set forth some guidelines for everyone to follow. These terms and conditions override any phone conversation, email, chat session, or contact of any kind with any FW personnel. This legal agreement (“service agreement”) also sets forth the terms and conditions of your use of FW services.
Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree” at the end of this statement before enrolling for our FW service.
Using our Services and accessing your Content requires an FW ID and password. Your FW ID is valuable, and you are responsible for maintaining its confidentiality and security. FW is not responsible for any losses arising from the unauthorized use of your FW ID. You can manage your password settings at any time by logging into our website www.FractalWave.works. To use our Services, you need compatible hardware, such as a computer and/or smart phone and Internet access (fees may apply). FW will charge your payment method (such as your credit card, debit card), based on a recurring monthly charge for any FW Transactions. Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings, or by contacting us via email.
Notice to client
This service agreement is a legal agreement between you and FW technologies. Please read this agreement carefully. By availing any FW service(s) you agree to be legally bound by this agreement. This means that, by ordering, purchasing or using all or any of our FW services you and any legal entity you represent accepts all terms and conditions of this agreement unconditionally. You agree that this agreement is like any written negotiated agreement signed by you. You also agree that this agreement is enforceable against you and/or any legal entity that ordered our services and on whose be-half you ordered our services. This agreement also contains liability disclaimers and important refusal, cancellation & refund terms regarding our services.
All services provided by FW may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any International, United States / Canadian / European / Australasian / UK / Asian / Indian /African state/provincial or city law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, or material protected by trade secret and other statute without proper authorization.
Client agrees to indemnify and hold harmless FW from any claims resulting from the use of the provided service which damages a user or any other third party. FW disclaims any responsibility for the content of any client or third party materials provided to create/develop the service or through the service and client agrees to be solely responsible for all materials related to the service provided.
- It is clearly understood that FW does not provide any financial consultation, planning or any form of personal or corporate share purchase advice.
- It is clearly understood that as our client, you will be receiving signals from our FW software, purchased through a monthly subscription fee.
- The signals will be sent to you via email or phone texting, or access to our website interface, and the number of signals will vary, depending on the FW software.
- For example- some days there might be 0 (zero) signals, some days more.
- It is clearly understood and agreed, that the signals received from FW are copyrighted to FW, and you have the right to act on any signals you decide on, at your own risk.
- You cannot and will not re-sell in any form the FW signal you have received.
- You cannot and agree to never re-send, in any type of transmission, the FW signals to any other party.
- You will not publish the FW signals in any way what so ever.
- You understand and agree the FW signals are exclusive to you- the client and to FW company.
- FW delivery of Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.
- Client agrees to keep the source files of the resultant product delivered very safe to deter any possibility of misuse.
- Client agrees to be solely liable for the FW signals and accepts responsibility for their compliance to all terms and conditions of this agreement.
- Your subscription fee is based on your receiving FW signals for individual use, and not shared with any other party, including friends, family, corporate or business partners.
You represent and warrant that you will not violate any law, third party rights, or publish any false, inaccurate, misleading, defamatory or libelous content or statements. Failure to comply or if non-compliance is detected will result in the automatic non-refundable cancellation of your FW order
FW will strive toward your satisfaction, but does not guarantee that all of your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the service provided. FW does not warrant that the service provided will meet the client’s requirements or that the operation of the resultant product will be uninterrupted or error-free. Client agrees that the entire risk as to the quality and performance of the resultant product is with client.
Rights, termination & breach of contract
FW explicitly reserves the right and sole discretion to:
- Modify its pricing to clients with a 60-day notice
(ii) Establish limits and guidelines concerning the use of its services;
(iii) Display screen shots of the resulting product online, in marketing materials or in any other manner it deems fit;
(ix) Publish client testimonials based on email signature permission from the client.
We will notify you if the price of a Paid Subscription increases and seek your consent to continue.
- FW will not share client’s information with any other party.
- FW does not sell or distribute client’s information to any third party
- Clients information is stored in a secure DB
- FW will at times send out updates and newsletters to our DB
- and clients will be asked if they wish to join our Face Book group and FB page (optional)
- FW database will stay under our exclusive control and not be sold or rented outside of our control.
FW will occasionally and selectively send emails with a promotional / educational message, including from selected affiliated partners.
FW shall use all reasonable commercial efforts to:
- Preserve the confidentiality and avoid the disclosure of your Confidential Information
- Not at any time disclose, give, or transmit (in any manner or form or for any purpose) your Confidential Information to any person, party, firm, or corporation other than you except and unless required by law;
- Immediately notify you in the event of any disclosure which is required by law
FW obtains no proprietary rights of any kind to your Confidential Information. Ownership of your Confidential Information stored on FW is retained by your Account Owner (as nominated by you in your Registration Data which may be updated by you at any time), via our login account and password procedure.
Cancellation & refund policy
FW reserves the right to terminate a client account at any time, without any warning or notice and for any reason.
The cancellation will take place at the end of your monthly billing calendar date
FW does not refund any monthly billing cycle or past billing cycles.
- Client may cancel a FW subscription with 30 days’ notice.
- Your cancellation will final at the end of your monthly billing cycle, the billing month being from 30-day’s notice
- FW shall be the sole arbiter of what is and is not a violation of these acceptable use policies.
You expressly understand and agree that your use of FW service(s) is at your sole risk and that the services are provided “as is” and “as available” without warranty of any kind, either expressed or implied, that is not expressly stated in this service agreement. Additionally, no advice or information, whether oral or written, obtained by you from FW shall create any warranty that is not expressly stated in this service agreement. In no event shall FW be held liable to you or any third party for any damages including, but not limited to, indirect, special, incidental or consequential damages or other losses (including damages for loss of business, loss of profits, lost savings, business interruption or the like), arising from the use of FW signals
Client also agrees to not hold FW liable to refund of any monies paid in case of cancellation by fw due to any of the following reasons:
Unlawful or fraudulent use of any FW service by client (even if FW was convinced it was or believed it to be legal).
Any client behavior or activity which results or can result in:
(i) Loss of business to FW or
(ii) Loss of good reputation of FW or
(iii) Loss of copyright or intellectual property rights of FW, or
(iv) Adversely affecting another client
Fractal Wave (FW) is not responsible for trades executed by users of its alerts and signals. Signals and alerts are generated automatically of a proprietary software system. The information presented to subscribers does not represent a recommendation to buy or sell stocks or any financial instrument nor is it intended as an endorsement of any security or investment. The information presented is general and not specific to the conditions of any individual. Past performance is no guarantee of future results.
Trading equities carries a high level of risk and may not be suitable for all investors. By subscribing to Fractal Wave alert signal service, the user acknowledges and accepts that all trading decisions are their own sole responsibility and fractal wave, and parent company or anybody associated with fractal wave or parent company are not responsible for any losses that may be incurred as a result.
There is risk of loss associated with trading and investing, and each investor or trader must consider whether it is a suitable for their situation. No representation or implication is being made that using the Fractal Wave signals described in this website and brochure will generate returns or ensure against losses. Losses can and will occur.
This advice may not be suitable to you because it contains general advice that has not been tailored to your personal circumstances. The user bears complete responsibility for their own investment decisions and should seek the advice of a qualified investment professional before making any investment decisions.