SEAMETRIX END USER LICENSE AGREEMENT (EULA)
LAST MODIFIED : 24th of July 2017
Thank you for using Seametrix!
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button”, downloading, installing or using Seametrix (“Application”). By clicking the “I Agree” button, downloading, installing or using Seametrix and its services, you are agreeing to be bound by the Terms and Conditions of this Agreement. If you do not Agree to the Terms of this Agreement, DO NOT click on the “I Agree” button, AND DO NOT INSTALL OR USE SEAMETRIX, since permission to download, install and use Seametrix and its services, is conditional on you agreeing to the below Terms and conditions.
“SEAMETRIX” END USER LICENSE AGREEMENT (EULA)
Any use of the products and Services of the Company, “Seametrix” and “Seametrix Plus” (comprising of the software, all kind of Data which it retrieves, the sea-distance results along with the routing results, the port names-codes-coordinates and the geographical information of any kind, the daily bunker prices, the Voyage Estimation, the weather information, any related documentation, and the technical analysis reports of Seametrix Plus module), requires your prior consent to terms and conditions in this End User License Agreement (hereinafter the “Agreement”) and implies unconditional acceptance of the terms and conditions included herein on your behalf. This Agreement constitutes the sole binding agreement between you and the Company. Your acceptance to using the Software under the present terms and conditions serves as signing a written agreement.
The Software and all pictures, lists, databases, texts etc. contained and provided to you are owned by or licensed to the Company, and are fully protected according to applicable Intellectual Property laws and international treaties. EXCEPT AS EXPRESSLY LICENSED TO YOU UNDER THIS AGREEMENT, ALL RIGHTS ARE RESERVED TO THE COMPANY AND/OR ITS LICENSORS. ANY UNAUTHORIZED COPY, REPRODUCTION, STORING, TRANSMITTING OR OTHER USE OF THE SOFTWARE AND ANY PORTION THEREOF IS STRICTLY PROHIBITED. IN CASE YOU DISAGREE WITH THE FOLLOWING TERMS, YOU ARE NOT ALLOWED TO INSTALL AND/OR USE THE “SEAMETRIX” SOFTWARE.
The following terms have the respective meaning set forth for the purposes of this Agreement:
Agreement: This End User License Agreement, i.e. your agreement with us for the supply and use of Seametrix Software, Products and Services.
Charges: The annual subscription fees for using Seametrix and its services.
Content: any Data provided by us, or by a content provider that can be accessed using Seametrix and its services
Content/Data Provider: Any person, company, website, third party service supplying us, or you directly with Content.
Company: Seanergix Ltd.
Data: “Data” means all g.i.s data, maps, port information, port names with their UN codes and coordinates, waypoints, special areas, routing and distance results, as well as whatever data comes from third party providers, the prices, and Charts provided with Seametrix Plus such as prices, chart analysis and commentary, data and charts for equities, indices, commodities, forex etc.
Distance Pair: A pair of ports for which a User makes a distance request to the routing/distance Modules of Seametrix.
Personal Data: any information relating to the User such as name, surname, billing information, e-mail address etc.
Seametrix: We mean all of Seametrix versions and the services provided with the Software. Specifically, as “Seametrix” are implied Seametrix Trial, Seametrix, and Seametrix Plus, including all the services, Data, GIS information, sea distances, and all modules contained therein; more specifically the Distance Grabber, the Voyage Estimation, the Bunker Prices, the Weather, the My Data and the Market Analysis module.
Services: Services of any kind as well as the sea distances that we provide to you through the Software under this Agreement.
Software/Application: The same as “Seametrix” above.
Technical Analysis Reports: The Technical Reports contained in the Seametrix Plus Module.
Third Party: Any person or entity other than the Company and the User (which are parties to this Agreement).
Third Party Provider: Any person or entity other than the Company and the User, supplying Us, or You directly with Content or Data.
Trial User: User who downloads and uses the free trial “Seametrix Trial” Software.
User/Subscriber/You/Your: You, our customer and End User of the Software and Services.
We/Us/Our: Seanergix Ltd (the Company), which has the exclusive right to distribute and sell the Software worldwide.
2. SOFTWARE FEATURES
2.1 Seametrix Services are mainly targeted at entrepreneurs and employees of companies operating in the shipping industry. The Software provides the ability for the end user to search optimal sea routes and distance results between ports, taking into account parameters such as pirate zones, SECA zones, navigational restrictions, Great Circle versus Rhumbline routing, marine weather conditions and fuel costs. In particular, Seametrix provides the following services:
2.1.1 A Module with sea distances and sea routing (Sea Distance Calculator). This Module provides distances between ports and suggests the best available routing, which may be customised by the User. The provided routing is subjective and optional; it may even contain deviations from actual routes, for which the Company bears no responsibility. The Module is not intended for use on the ship or to replace any navigation tool. Its only purpose is to be used as a reference in order to calculate travel times and costs in the office. The subscribed user, may request up to 99 distance pairs per day. This restriction is necessary for the security of our Data and abuse prevention.
2.1.2 A Module for travel costs calculation (Voyage Estimator). This Module uses mathematical operations, taking into account information such as distance, time, fuel consumptions etc. for a planned/hypothetical trip and it provides results such as required freight, voyage expenses, net profits etc.
2.1.3 A Module providing Weather Information which is renewed approximately every six hours. The User may see a weather forecast map for the next 72 hours, as well as area map forecasts of up to 234hrs. This Service is provided by a Third-Party Provider, and the company is not responsible for service interruptions due to technical problems on his end.
2.1.4 A Module with daily-renewed oil prices information for about 100 ports worldwide (Daily bunker prices). This Service is based on prices provided by a Third Party Provider, (namely Fuel Trade – FT Maritime Services LTD). This Module also shows energy commodities’ prices mainly in real time (some of them with 15′-25’ delay or End Of Day), provided also by a Third Party Provider.
2.1.5 “Seametrix+ Plus” Module providing technical and Chart Analysis reports, is only available to Subscribers who choose the “Seametrix Plus” package. Seametrix Plus is designed for Users who choose this module for subscribing to Chart Analysis reports and commentary on Stock indices, commodities (i.e. oil), foreign exchange rates, equities etc. For this Module we particularly draw your attention to Article 9 of this Agreement.
2.2 According to the contained Modules and the user restrictions, there are three versions of Seametrix Software:
2.2.1 Seametrix Trial: We offer a 3-month free trial of Seametrix. The trial consists only of the Distance grabber module 2.1.1 and the Bunker Prices module 2.1.4. The only restriction comparing to module 2.1.1, is that the Trial User may only request up to 5 distance pairs per day.
2.2.2 Seametrix®: The standard version of Seametrix. It is a full version of the Modules 2.1.1 – 2.1.4 and is offered with an annual subscription fee; it has a 99 distance pairs request limitation per day.
2.2.3 Seametrix+ Plus: The extended version of Seametrix, which contains access to all Modules listed under 2.1.1 – 2.1.5 above.
3. DOWNLOAD PROCESS – USER REGISTRATION
3.1 In order to install and use Seametrix you must be aged 18 and over and have full legal capacity. Submission of the registration form in which you have entered your data is a valid declaration of intent. Regarding your personal data protection, please refer to Article 6 of this Agreement.
3.2 Upon registration on our website and after the standard email verification procedure, all users receive a follow-up email with downloading instructions, information, and log-in credentials for the Seametrix Trial. The company offers a 3-month Seametrix Trial by default to all subscribers, in order to give them the chance to explore the quality of the sea distances and the sea routing, which is the main and core function of Seametrix.
Seametrix Trial subscription commences upon registration on seametrix.net. The Trial period is determined by the Company and can be terminated without personal notification to each subscriber. For the existing trial users, the Company has the right to terminate the subscription if abuse is suspected, without any prior notice.
3.3 If you subscribed and paid for the Seametrix standard version or for the Seametrix Plus extended version of the Application, you are granted full access to the Services of the respective Seametrix product for one year.
3.4 You are personally and solely liable for all actions which take place via your user account and for your proper Log-Out after the end of each use of the website services. You are obliged to immediately inform the Company in case you become aware of any unauthorized use of your account or any possible security violation. You are solely responsible for the careful use of your account. The Company is not liable for any damage caused to users who fail to comply with the present condition.
3.5 As a User you are responsible for keeping your username and password secure and you agree to not disclose them to any other individual or organisation not authorized to have access to Seametrix. In case the Company finds out about any unauthorized use of a user’s account, such account may be terminated without prior notice, at the Company’s sole discretion.
4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
4.1 Ownership The User acknowledges that all intellectual and industrial property rights subsisting in or used in connection with the Software and the Services, including its images and presentation and all information relating thereto are the property of the Company and/or its licensors. All Applications, Data, databases, maps, graphics, texts, pictures, videos, information, documentation, trademarks and trade names, the Software source code, its design and any other copyrighted work contained in or presented with Seametrix, including without limitation: Services, Data of any kind, sea distances, GIS data, icons, distance algorithms, Seametrix name and logo, technical analysis reports, user interface design and icons etc. are fully owned by the Company and/or third parties who have provided the Company with adequate licenses, and they are protected by all applicable intellectual property laws and international treaties. By accepting this Agreement, you do not purchase the Software; you only acquire a limited license to use it and you acknowledge and agree that no title, copyright or other proprietary rights in the Software or implied partnership are transferred to you hereby.
4.2 Prohibited Actions Therefore, you are not permitted to copy or modify any of the copyrighted material. Such actions are strictly prohibited. Indicatively and not restrictively, it is prohibited to copy, edit, modify, publish, distribute, accumulate, reuse, transfer, re-sell, retransmit in any manner parts of or the entire content of Seametrix, including without limitation, screenshots of it, Data, texts, graphics, design, trademarks, technical analysis reports, information and database contents, without the prior written consent of the rightful owners. It is also prohibited to copy, edit, decompile, reverse engineer or use in any unauthorized manner the Seametrix Software.
4.3 Database Rights As a User you acknowledge that the Company and/or its licensors have spent and continue to spend considerable time and resources on the selection and arrangement of the contents of the Seametrix databases as well as to collate, compile, reformat and verify them. Accordingly, and pursuant to intellectual property laws, the Company and/or its licensors retain full database rights in those Databases and the Data. You do not have the right, other than as expressly permitted in this Agreement, to transfer, copy, reuse, accumulate, extract or re-utilize the Data (or any part thereof) nor merge Data to any other database for any purpose, including but not limited to trading, building databases for commercial or non-commercial purposes, reselling or redistributing the Data, or any other commercial purpose, nor for any purpose in general that does not comply with the terms of this Agreement.
4.4 Infringement Indemnity You acknowledge that civil and criminal penalties may be incurred in the event of any infringement of the Intellectual Property Rights in relation to the Software and that any such infringement by you may result in incalculable damage and/or loss to the Company. Accordingly you agree that a) Company uses “traps” and other violation tracking techniques, including fictitious entries such as phantom ports, misplaced ports, misspelled names, distorted-modified routing in certain areas, and many other techniques, b) Company may use all legitimate means to protect its rights in the event of any violation of this License Agreement, and c) in addition to any other right or remedy, the Company shall be entitled to seek immediate injunctive relief to restrain any actual or apprehended infringement thereof. The User undertakes to indemnify Supplier in full, against all loss, damage, costs and expenses, which may be incurred by the Company by reason of any such infringement by the User.
4.5 Third Party rights Parts or the whole of the Software and/or its contents may be copyrighted material belonging to third parties (legal or natural entities), the legal permission of which has been secured for use by the Company. Infringement of such rights in any manner shall result in liability of the violators, as stipulated by the Law. In the event that the Company is sued or prosecuted or penalized in any manner for copyright infringement by your actions, despite the above-mentioned statement, you assume the responsibility a) to intervene in favour of the Company in potential trials or conflicts and b) to undertake all costs of extra-judicial or judicial proceedings which the Company may have undergone, as well as the legal fees. Further claims of the Company against you for caused damages are not excluded.
4.6 Open Source Libraries The User is aware that the Software depends on open-source libraries, namely on NODE.JS library, Microsoft .NET framework and others, and that these dependencies are available under separate licenses. The User is aware that these dependences may be provided with notices and open source licenses from the global community of open source developers and/or third parties that govern the use of those portions, and agrees that any licenses granted hereunder do not alter any rights and obligations the User may have under such open source licenses. The disclaimer of warranty and limitation of liability provisions in this Agreement will apply to all Software distributed by the Company to the Users.
5. LICENSE GRANT
5.1 Provided that you comply with all terms of this Agreement and you regularly pay all applicable annual charges, the Company grants to you a non-exclusive, limited and worldwide license to use the Software as End User for successive annual periods from the date on which you purchased your license and access to the Software is granted.
5.2 Allowed Use You are permitted to download, install and execute the Software, by taking full advantage of the Modules described under 2.1 above, according to the version you have subscribed to. You may use Seametrix for your own internal business purposes only. As a Trial User you shall have the chance to request up to 5 distance pairs per day and as a Paying Subscriber you shall have the chance to request up to 99 distance pairs per day. These limitations may change without notice to our users. Each license may be used by the same user only at one PC at a time. For security and abuse prevention reasons, there is a minimum time limit of 45 minutes, before the same user can access his account again through another PC/workplace.
5.3 Prohibited use – License Restrictions
You have no right to perform or allow any third party to perform any of the following:
5.3.1 Copy, translate, reverse engineer, decompile, disassemble, merge, modify the Software, or create derivative works based on it;
5.3.2 Use, store, disclose, copy, modify, alter, adapt, display, transmit, republish, redistribute or otherwise reproduce the Software and/or the Data in whole or in part;
5.3.3 Rent, lease, sub-license, re-sell, assign, pledge, transfer or otherwise make available to third parties your rights to access Seametrix and/or its services, on a temporary or a permanent basis, as well as any information or Data obtained or derived from Seametrix. In any such case, such consent will be subject to the third party’s acceptance of the terms of this Agreement. Upon such acceptance, your license to use the Application will automatically be terminated.
5.3.4 Decrypt the Software and the Data, transmit data and transmit packets.
5.3.5 Use the Software or the Services, or permit to third parties to use the Software or the Services for illegal or improper purposes, indicatively but not restrictively:
(a) for fraudulent, criminal or other activities in breach of any law
(b) in any way which breaches another person’s rights, including intellectual property rights, personal data rights etc.;
(c) in any way which breaches any security or other safeguards or in any other way which harms or interferes with the provided Services;
5.4 You agree to cooperate with Us and follow our reasonable instructions to ensure the proper use and security of your Services and Account. In particular, you shall immediately notify the Company if you become aware of any unauthorized access to, use or copying of any part of the Software by any third party. The Company retains the right to de-activate any account, which is suspected to perform any of the above prohibited actions, without prior notice. Any attempt to breach or breach of the restrictions or any other provision set out in these terms and conditions by you, will automatically recall your license and terminate your rights under this Agreement. The User of such account will bear all responsibility for all consequences caused by such infringement.
5.5 Export Restrictions As a User you agree to comply with all applicable laws, rules and regulations governing export of goods and information, including the laws of countries in which the Software was created. In particular, you will not export or re-export, directly or indirectly, separately or as a part of a system, the Software, and any part of the installation files and packages contained within, or other information relating thereto (including copies or adaptations) to any country for which an export license or other approval is required, without first obtaining such license or other approval.
6. PERSONAL DATA – COMPANY INFORMATION
6.1 The Company collects personal data of registered Users of the Software (e-mail, username, password, country, first and last name, company details, telephone numbers and billing details in case of subscription); we DO NOT collect nor keep credit card information. The data which is collected concerns Users of Seametrix exclusively. The data you provide is securely kept in the servers of the Company, which fully complies with all current legal obligations regarding their processing and has notified this processing to the competent Personal Data Protection Authority. For users purchasing Seametrix or Seametrix Plus, billing details and transaction data, including personal data, can be transferred to PayLane Sp. z o.o. located in Gdańsk at Arkońska 6/A3, zip code: 80-387, company number: 0000227278, in order to process payments.
6.2 The purpose of your personal data processing is solely to ensure the safety and the efficient functioning of the Services provided to you, i.e. the purpose for which you subscribe. Your data is specifically collected in order to grant you access to the Services and it is being processed for the purposes of protecting our copyrights (control of copy attempts) and improving our Software and Services. Your personal data is forwarded and stored on a server within EU. By accepting this Agreement, you provide Us with your consent to process your data under the specific conditions described herein.
6.3 The Company commits itself to protecting the personal information you provide, and to not disclose such information to third parties. We will not sell, rent, swap or authorize any third party to use your e-mail address or any information that personally identifies you. However, the Company may disclose your information to third parties (legal and/or natural entities) under the following conditions:
6.3.1 Upon given your prior consent to disclose your data and information.
6.3.2 Legal and natural entities collaborating with Us reserve the right to process information you have provided to Us only when absolutely necessary for technical or other supporting services of the Company or for customer service, provided that these third parties fulfill the personal data protection compliance requirements.
6.3.3 When required for compliance with the relevant provisions of law and to the competent authorities. Furthermore, the Company commits itself to not using your e-mail address for sending spam mail. However it reserves the right to send newsletters to its users concerning its services, unless users expressly oppose to this by informing Us through e-mail at the following address: [email protected]
6.4 The Company collects information from your computer such as IP address, hardware IDs and other information for checking your license. The Company also collects information from your computer such as the number of distance requests per day, requests’ archives, port searches, time between log-ins, the number of technical analyses requested by the User and the number of using of the Data for supporting.
6.5 Rights of access, notification, objection Users have at any time the right to edit, correct or update their data, ask for more details on the processing or to express their objection to it, or request the deletion of their data by contacting [email protected]
7. THIRD PARTY PROVIDERS
7.1 Weather Information, certain web maps, Bunker Prices and Energy commodities prices, are services provided by Third Parties, as particularly described under 2.1.3 – 2.1.4 above. Such services are provided for your reference only and they cannot be construed as suggestion or exhortation to register in any way or pay subscription fees to these Third Party Providers. We do not control such Third Party Providers or their websites and we are not responsible for their services or your use of them. Our inclusion of such services does not imply any endorsement of the material contained in such services or on such Third Parties’ websites or any association with their operators.
7.2 The Company provides no warranties or representations regarding the accuracy of information provided through such Third Party Modules or their constant or temporary function. The Company reserves the right to remove such Third Party Modules or to suspend their operation at any given moment and with no prior notice. The Company has no legal obligation to include such services within the Software, as they are offered to you at no cost.
7.3 By using Seametrix you understand and agree that the Company does not control and is in no manner responsible for the content of information provided by Third Party Providers, their services/products, advertisements, availability, price and pricing of any other products etc. Furthermore, the Company is unable to verify the accuracy of content received by Third Parties, including weather information and forecasts, bunker prices, commodity prices etc. and assumes no liability whatsoever for any errors and / or misleading information provided by such Third Party Providers. The responsibility for the completeness, accuracy, adequacy, legitimacy and fitness for purpose of such content, belongs to the websites / companies that provide this content.
7.4 The Company bears no responsibility for any financial or other damage you may suffer as a result of actions taken, based on such information, provided by Third Party Providers and accessible through Seametrix. Use Third Party provided Services at your own risk and initiative.
8. NO WARRANTY
8.1 All Services, Data, and any kind of content of the Software is provided “as is” without any warranties of any kind, to the maximum extent permitted by applicable law. Seanergix Ltd excludes and expressly disclaims all warranties and conditions not stated in this Agreement, including but not limited to, any implied warranties of quality, accuracy, merchantability, non-infringement, fitness for a particular purpose or to achieve particular results. All contents, information, Data, services etc. provided by Seametrix should under no circumstances be construed as valid information, advice or exhortation for a particular action. Furthermore, information and technical solutions and results provided by Seametrix, such as calculated costs, sea routes etc. must be seen only as estimations based on statistical data, algorithmically processed and calculated results. They are not in any way exclusive or unique and the Company bears no responsibility for any actions taken by the Users based on such information. Users may not use or post such information in any media or places without written permission of the Company.
8.2 More specifically, although the Company and/or its Licensors have collected and identified all available Data (such as port data, port names and codes, the GIS data of any kind, the sea distances, including the Rhumbline and Great Circle calculated results) using the best possible information available and the geometry broadly known, the provided results (including distances, travel time and costs calculations, routing information etc.) are algorithmically and/or computer calculated results only, NOT definitive, NOT necessarily accurate or correct, and are used at your own risk. You acknowledge that in no circumstances should the Software be used as a navigation tool. Given the nature of the Services, the Company is not under any circumstances, including negligence, responsible for any kind of damage caused to the User of Seametrix Services, the use of which is at the initiative of each user individually.
8.3 Seametrix is not designed, intended or licensed for use in Hazardous environments requiring Fail-Safe controls, including without limitation, the design Construction Maintenance or Operation of Oil Rigs-platforms, design and operation of Aircraft Navigation, On-Ship navigation or communication systems, Air and Marine Traffic Control, Life Support or weapon systems, or any other use where a software and Service malfunction could cause property damage or personal injury. The Company specifically disclaims any expressed or implied warranties and conditions of fitness for such purposes.
8.4 The Service is only available where suitable access to the Internet is available. It is your responsibility to ensure that you have a suitable Internet connection for use of the Service. You must also ensure that Seametrix Services are not blocked by Firewalls and/or anti-virus software. Whilst we will endeavor to maintain the availability of Seametrix and its Services, we make no explicit warranty that those will meet your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected or that Seametrix or the servers that make it available are free of viruses or bugs or other harmful components. If you are aware of any error, please contact us by email at [email protected] and we will endeavor to correct it. Although not intended, as with all computer Software and Services, it is possible a defect to cause your computer to function improperly. The Company expressly disclaims any responsibility for the Software. You use Seametrix and the Services provided at your own risk and responsibility, understanding and accepting that their use may cause data loss or damage of any kind to you or your computer.
8.5 You download, install and use Seametrix at your own initiative and risk and you bear all responsibility. You assume the entire risk as to the quality and performance of the Software. The Company does not warrant that Seametrix will meet your requirements or expectations. You bear the entire risk of using Seametrix.
8.6 Regarding in particular Technical Analysis Reports provided by “Seametrix Plus”, read more specifically Article 9 below.
9. SPECIFIC TERMS CONCERNING THE “SEAMETRIX PLUS” SOFTWARE
9.1 Rational Use of the Services
The Technical Analysis reports contained in the Seametrix Plus plan are subjective commendatory reports based on various methods, techniques and theories of analyzing the financial markets. All of Seametrix Plus Services and reports are provided as general Market information for illustrative, entertainment, and educational purposes only and do not provide or constitute trading or investment advice. They provide a simple tool, to be evaluated at your discretion and used as you judge best; it must not be construed as advice to buy, sell, hold or otherwise deal with any securities or investments of any kind, directly or indirectly. Accordingly, no reader should act on the basis of any information contained therein without first having consulted a suitably qualified financial advisor. Although related information, news, research and data used for making those reports is subjective and has been obtained from sources believed to be reliable, the Company makes no representation or warranty to their accuracy. Provided information and reports reflect personal views and opinions of the commentators based on theoretical analysis of markets and then may provide theoretical examples of how a market participant might choose directly or indirectly some trade, or initiate some direct or indirect position, based on the theories and techniques the commentators choose to use on their reports. By accepting this Agreement, you explicitly acknowledge that each and every trade example, comment and/or any analysis shown on the Technical Analysis reports is completely subjective, hypothetical, and subject to the limitations of hypothetical results; trade examples, comments, chart analyses and techniques used, do not serve as future predictions and forecasts.
9.2 No Financial or Investment Advice and Risk Warning
The Technical Analysis reports, although composed by certified Financial analysts/technicians, are not being prepared by a specific Investment Services Provider Company or Firms providing Investing Advisements. Technical Analysis reports provided by Seametrix Plus SHOULD NOT be construed as investment and/or trading advice or as predictions for the future. Any opinions, views, comments, analyses, price projections, charts containing patterns, geometry, technical indicators, oscillators, comments or any other information and technical tools contained in or provided with the Software Services, serve solely for the purpose of general information of the subscribers and in no way constitute advice or recommendation or suggestion or encouragement or inducement or invitation to any kind of direct or indirect transaction, agreement with respect to the purchase or sale of any financial instrument and/or asset(s), or any kind of investing OR decision making. You expressly agree that your use of the Technical Analysis reports’ content is at your own risk. We emphasize the fact that trading and investing inherently involves the extremely high risk of significant loss of money and can involve the risk of loss of more than the amount invested. Prior to any kind of decision-making affecting your portfolio and assets, trade or investing decision affecting your wealth directly or indirectly, Subscribers/Users are strongly recommended to consult with a suitably qualified financial advisor or their personal investment advisor. Seametrix Plus should not be relied upon as a substitute for extensive independent market research!
You expressly agree that your use of Seametrix+ Plus and the Technical Analysis reports’ content is at your own risk!
9.3 No Warranties
All information, comments, tools and financial instruments used, as well as all the content provided within the Technical Analyses reports are expressed in good faith, but are by no means guaranteed. All of the Technical Analysis reports’ content, is provided on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, expressed or implied, (a) as to the operation, correctness, and proper apply of the tools used, (b) as to the validity or accuracy of the content or materials provided on these reports or (c) as to the fitness of the information for any purpose d) as to the commentators’ expressed views, comments and conclusions. The Company is not responsible for any material contained in the Technical Analysis reports, and it is not implied that the Company agrees with any material or expression of opinions contained therein. The Company is not authorized to conduct investment business and does not provide investment advice or recommendations of any kind.
9.4 No Liability
At no time shall the Company and/or its licensors be liable to you or to any third party for any kind of direct or indirect financial loss, including without limitation, lost profits, wealth or consequential damages to your portfolio or assets resulting from the use of information presented on Technical Analysis reports of Seametrix Plus, nor for any decision made or action taken by you or by such third party in reliance on such content in those reports. Neither the Company or its Licensors, nor its Third Party content providers shall be liable for any misguidance, errors, inaccuracies, delays, or any actions taken based on such reports. By accepting this Agreement you totally agree with and acknowledge this clause.
9.5 Local Law restrictions
Seametrix Plus and the provided Technical Analysis reports are not intended for distribution or use by any person residing in any country where such distribution or use would be contrary to local laws or regulations. It is your responsibility as a potential Subscriber to cross-check whether the provision of such services is permitted on the basis of your national legislation and to comply with any local law or regulation to which you are subject.
10. LIMITATION OF LIABILITY – USER LIABILITY
10.1 By accepting this Agreement you acknowledge that no representations were made prior to entering into this Agreement. Therefore you shall have no remedy in respect of any misrepresentation (whether written or oral) made to you upon which you have relied in entering into this Agreement and the Company shall have no liability otherwise than pursuant to the express terms contained herein.
10.2 The Company’s liability under this Agreement is limited. You agree not to raise any claims against the Company, its directors or representatives or its Third Party providers, arising from or related to any direct or indirect, consequential, incidental or special damages, loss of whatever profits, lost savings, loss of data or damages to your tangible property, imposed on you from your use of, misuse, or inability to use the Software and the provided Services including the case of negligence, even if the Company knew, or should have known or has been advised of the possibility of such damages. This limitation applies to any Services, contents or other material provided by Seametrix, third party information, Data and websites, or Third Party programs or services, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the maximum extent permitted by applicable law.
10.3 The accuracy of reliability of Third Party data is in no way guaranteed and under no circumstances shall the Company be liable to you for any damages arising out of the use of such data, including, without limitation, damages resulting from lost data, lost profits, recovering costs, costs of substitute data, claims by third parties or for other similar costs etc. For more information regarding the Services provided by Third Party Providers, please refer to Article 7 of this Agreement.
10.4 Even in the case of proven direct damages, ordered compensation and/or pecuniary compensation for moral damage sustained by a User, the total amount of monetary compensation by the Company and its third party providers shall in no event exceed the amount of the User’s annual subscription during the year the damages incurred, if any.
10.5 Damage Compensation: The User is liable towards the Company and its Third Party providers, for any damage caused as a result of illegal or harmful use of the Software from the User’s side, as well as for the illicit use of the Services provided by the Company or any use in a manner that does not comply with the present terms and conditions. You agree to indemnify, defend and hold us, and our officers, directors, employees, shareholders, agents, licensors and suppliers harmless immediately on demand, from and against all liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of the Agreement by you or other liabilities arising out of your use of Seametrix and its Services.
10.6 You agree that the limitations contained in this Agreement are reasonable given the circumstances and you acknowledge that the Company could not be reasonably able to provide the Software on an economic basis without such limitations. The above mentioned restrictions are subject to the requirements of the law and their application in your case depends on the applicable provisions of the law.
11. TERMINATION – SUSPENSION
11.1 This Agreement is effective upon acceptance by the User. It lasts for as long as you pay your subscription fees, unless terminated either by you or by the Company.
11.2 Termination by the User: You may terminate your registration on the Website at any time by notifying the Company. Upon such notification, your access to the Software will be terminated as well. All charges/subscription fees regarding the services provided by Seametrix are not refundable. Since we provide you with a long-term free trial option upon registration, and because of the nature of the Services, cancelling of your subscription at any time WILL NOT ENTITLE YOU TO ANY REFUNDS!
11.3 Termination by the Company: The Company may terminate your Agreement at any time as soon as we give you notice, unless otherwise set out in this Agreement. We will give you as much prior notice as we reasonably can before we cancel your access to the Services. However, the Company retains the right to terminate this Agreement without warning or notification and cancel the Service immediately without refunding of any charges, if there is a cause to do so. In particular, the Company has the right to cancel a subscription and deactivate a User’s account immediately, indicatively and not restrictively, in case any of the following occurs:
a) we reasonably suspect fraud by you or any other person in connection with the use of the Software by you or on your behalf or if we have evidence you or your account is attempting to circumvent the Seametrix Security System;
b) any amount owed to Us in respect with the Service (which is not the subject of a valid dispute) is not paid by its due date although we have given you notice requiring payment and you have failed to pay that amount in full within seven (7) business days after we give you that notice;
c) you fail to comply with any term or condition set out in this Agreement
d) we are required to do so to comply with an order, instruction, request or notice by any competent authority;
e) we are otherwise entitled to do so under this Agreement;
f) the Software or Services are deemed obsolete with any hardware required to access the Application, or Service is retired;
11.4 Termination consequences
Upon termination, you must immediately delete all the Software, together with all copies, adaptations and merged portions thereof in any form, which might be in your possession. Obligations to pay accrued charges or fees shall survive the termination of this Agreement. Any termination of this agreement shall not affect any accrued rights or liabilities of either party nor shall it affect any provision of this Agreement that is expressly or by implication intended to come into or continue in force on or after such termination.
11.5 The Company reserves the right to suspend the operation of the Software at any time.
12. APPLICABLE LAW AND OTHER TERMS
12.1 These terms constitute the entire Agreement between the Company and the User of the Software and the Services and are binding for these two parties only. You may access Seametrix and use the Services from anywhere in the world; however, the Agreement shall apply regardless of how and from where you access the Software and its Services. Unless otherwise expressly agreed in writing, this License Agreement constitutes the sole and exclusive agreement between you and the Company with regard to the Software and the Services, and supersedes all prior proposals, representations, agreements, whether oral or written, and other communication between the parties relating to the subject matter set forth herein. No amendment of these terms will be taken into consideration and become a part of this Agreement, unless expressed in writing and incorporated in it. For any dispute arising between the Company and any User an effort for an out-of-court settlement and compromise is required.
12.2 All the above mentioned terms and conditions are stipulated as essential. Under this Agreement you are granted specific legal rights, but as a consumer you may also have other rights that vary from country to country and are not affected. The limitations of liabilities and exclusions of implied warranties contained in this Agreement shall apply to the fullest extent permitted by the laws of any at each time applicable jurisdiction. However, in case that any provision of these terms becomes illicit or is held to be void or unenforceable in a specific jurisdiction, it shall automatically lapse and be deemed removed from this Agreement, without prejudice to the validity of other conditions and the remainder of such limitation or exclusion shall continue in full force and effect.
12.4 The Company shall not become or be deemed a partner or a joint venture with you by reason of the provisions of this License Agreement. This Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without the Company’s prior written consent. In case of partial or total succession of the Company, the successor is bound by all rights and obligations included in this Agreement.
12.5 If the Company determines in its sole discretion that you have breached these Terms and Conditions, the Company may take such action as it deems appropriate, including the immediate, temporary or permanent suspension or termination of your right to use our services. Failure or neglect by the Company to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of Company’s rights nor in any way affect the validity of the whole or part of this Agreement nor prejudice the Company’s right to take subsequent action.
12.6 Force Majeure: Neither party shall be liable to the other for any delay, misperformance or non-performance of its obligations under the Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following situations affecting all involved parties’ premises, staff, offices, bank accounts, data centers, servers’ hardware and premises they are hosted at, such as buildings-companies-countries etc.:
(a) act of God, governmental act, war, cyber-attack, ransomware attack, bank strikes and failures of the banking systems, fire, flood, broad electricity blackouts, explosion, civil commotion, armed hostilities, act of terrorism, revolution;
(b) blockade, embargo, strike, lock-out, sit-in, industrial or trade dispute to the extent to which those things do not involve employees of the party claiming relief,
(c) adverse weather or disease;
(d) act or intervention of a competent judicial or regulatory authority;
(e) any event (including, without limitation, any act or omission of any third party) beyond its reasonable control which could not reasonably be planned for or avoided. Subject to the party so delaying promptly notifying the other party in writing of the reason for the delay and the likely duration of the delay, the performance of the delaying party’s obligations, to the extent affected by the delay, shall be suspended during the period that the cause persists.
13. COMPLAINTS AND NOTICES
If you are unhappy about any aspect of the Services or any of our products, if you have any questions regarding this License Agreement or if you wish to request any information from Company, you may contact the Company at the following contact details:
185, Vasil Levski str
Floor 2 – Office 8
Email: [email protected]
We will investigate any complaint in accordance with our complaint handling policy.
We will consider you have received information from Us if it is included on our website or if it is directly communicated to you by phone, message, chat, email or mail using your most recent contact details given to Us.
If you do not agree to the terms of this End User License Agreement you should not proceed to downloading, installing and/or using the Software and Services.