💻Terms of Service
Effective date: 21 March 2023
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THE SERVICE AGREEMENT, YOU MUST NOT USE (OR MUST CEASE TO CONTINUE USING) THIS SITE OR OUR SERVICES.
1. OVERVIEW
This Terms of Service Agreement (this “Agreement”) is entered into by and between Solex Limited (a company incorporated under the laws of the British Virgin Islands with registered number 2110566) (“Solex”) and you and shall be effective on and from the date of your first use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services accessed through this Site (individually and collectively, the “Services”).
Services Agreements and additional policies (including, without limitation, our Privacy Policy) apply to certain Services and are in addition to (and not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.
The terms “we”, “us” or “our” shall refer to Solex. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services.
2. ELIGIBILITY AND AUTHORITY
This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are:
at least 18 years of age;
otherwise recognised as being able to form legally binding contracts under applicable law; and
not a person barred from receiving the Services under the laws of the British Virgin Islands or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind that corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Solex finds that you do not have the legal authority to bind that corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations.
Solex shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by Solex to be genuine and originating from an authorised representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Solex reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorised by you.
3. YOUR ACCOUNT
To access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Solex that all information you submit when you create your Account is accurate, current and complete and that you will keep your Account information accurate, current and complete. If Solex has reason to believe that your Account information is untrue or inaccurate, Solex reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.
You are solely responsible for the activity that occurs on your Account, whether authorised by you or not, and you must keep your Account information secure, including without limitation your login, password, payment details and other relevant information. For security purposes, Solex recommends changing your password at least once every three months. You must notify Solex immediately of any breach of security or unauthorised use of your Account. Solex will not be liable for any loss you incur due to the unauthorised use of your Account. You, however, may be liable for any loss Solex or others incur through your Account, whether caused by you, by an authorised person, or by an unauthorised person.
4. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations;
you will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent;
you will not use this Site or the Services in a manner (as determined by Solex in its sole and absolute discretion) that:
is illegal, or promotes or encourages illegal activity;
promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
promotes, encourages or engages in terrorism, money laundering, or violence against people, animals, or property;
promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
infringes on the intellectual property rights of Solex, another User or any other person or entity;
violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
interferes with the operation of this Site or the Services found at this Site; or
contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware;
you will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorised by Solex;
you will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies;
you will not access Solex Content or User Content (each as defined below) through any technology or means other than this Site itself, or as Solex may designate;
you will not re-sell or provide the Services for a commercial purpose, including any of Solex-related technologies, without our prior express written consent;
you will not circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including, without limitation, those features that prevent or restrict the use or copying of any Solex Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Solex Content or the User Content therein; and
without limiting any of the rights set forth elsewhere in this Agreement, Solex expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User:
whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Solex policy; or
who otherwise engages or has engaged in inappropriate or unlawful activity while utilising the Site or Services (as determined by Solex in its sole and absolute discretion).
5. USER CONTENT
Some of the features of this Site may allow Users to view, submit, store, or manage opinions, predictions, or recommendations. All content submitted through your Account is considered User Content or User Submissions. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to Solex that;
you have all necessary rights to submit and distribute User Content via this Site or via the Services, either because you are the author of the User Content or because you have the appropriate distribution rights, licences, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content; and
the User Content does not violate the rights of any third party.
You shall be solely responsible for any and all of your User Content or User Content submitted through your Account, and the consequences of, and requirements for, distributing it.
You acknowledge and agree that:
your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate Solex to treat your User Submissions as confidential or secret;
Solex has no obligation, either express or implied, to develop or use your User Submissions;
no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions; and
Solex may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken or will take some other action.
Solex shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgement or compensation to you or to anyone else.
By posting or publishing User Content to this Site or through the Services, you authorise Solex to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant Solex a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable licence to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Solex business(es), including without limitation, for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.
You also hereby grant each User of this Site a non-exclusive licence to access your User Content through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licences granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Solex may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licences granted by you in your User Content are perpetual and irrevocable.
6. AVAILABILITY OF WEBSITE AND SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services 24 hours a day and seven days a week. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto.
7. ACCOUNT TERMINATION POLICY
Solex may terminate a User’s access to this Site or the Services found at this Site for violating this Agreement (as determined by Solex in its sole and absolute discretion), at any time and without prior notice. Solex may also terminate a User’s access to this Site or the Services found at this Site if Solex has reason to believe that the User is a repeat offender. If Solex terminates your access to this Site or the Services found at this Site, Solex may, in its sole and absolute discretion, remove and destroy any data and files you store on its servers.
8. DISCONTINUED SERVICES AND END-OF-LIFE POLICY
Solex reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although Solex makes great effort to maximise the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by Solex, in any way, effective on the EOL date.
Solex will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
9. BETA SERVICES
From time to time, Solex may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions:
you acknowledge and agree that the Beta Services are pre-release versions and may not work properly;
you acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures;
the Beta Services are provided as-is and, therefore, we do not recommend using them in production or mission-critical environments;
Solex reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time;
commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases;
Solex may limit the availability of customer service support time dedicated to supporting the Beta Services;
you acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience;
you acknowledge and agree that Solex may track your browsing behaviour, links clicked, items purchased, your device type, and collect various data, including analytics, about how you use and interact with our Beta Services;
you acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Solex;
the Beta Services are provided “as is”, “as available”, and “with all faults”; and
you acknowledge and agree that we may use your feedback for any purpose, including product development.
At our request, you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property in your feedback or arising from your use of the Beta Services shall be owned exclusively by Solex. To the fullest extent permitted by law, Solex disclaims any and all warranties, statutory, express or implied, concerning Beta Services, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
10. ADDITIONAL RESERVATION OF RIGHTS
Solex expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by Solex in its sole and absolute discretion), including but not limited to the following:
to correct mistakes made by Solex in offering or delivering any Services;
to assist with our fraud and abuse detection and prevention efforts;
to comply with requests of law enforcement;
to comply with any dispute resolution process;
to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
to avoid any civil or criminal liability on the part of Solex, its officers, directors, employees and agents, as well as Solex affiliates, including, but not limited to, instances where you have sued or threatened to sue Solex; or
to respond to an excessive amount of complaints related in any way to your Account, or your content that could result in damage to Solex's business, operations, reputation or shareholders.
11. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services available on this Site may contain links to third-party websites which are not owned or controlled by, or affiliated with, Solex. Consequently, Solex assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites or service providers. In addition, Solex does not censor or edit the content of any third-party websites, nor does it check such websites for any viruses, bugs or malware. By using this Site or the Services available on or through this Site, you expressly and irrevocably release Solex from any and all obligations and liability arising from your use of any third-party websites. Solex strongly encourages you to be aware when you leave this Site by following any links integrated into this Site and to review the terms and conditions, privacy policies, and other governing documents of each third-party website that you may visit or be redirected to.
Solex uses financial data that it sources from Financial Modelling Prep, which is a reputable financial data provider that offers comprehensive financial information and market data for individuals and businesses. Data obtained from Financial Modelling Prep appears on our forecasting charts and other resources available on the Site. Please note, however, that Solex assumes no responsibility for the availability, accuracy and completeness of financial or other data obtained from Financial Modelling Prep or any third-party provider.
12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. SOLEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOLEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:
THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE OR THE SERVICES;
THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE; AND/OR
THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND SOLEX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SOLEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING, WITHOUT LIMITATION, ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL:
CONSTITUTE LEGAL, REGULATORY, INVESTMENT, TAX OR FINANCIAL ADVICE; OR
CREATE A WARRANTY OF ANY KIND CONCERNING THIS SITE OR THE SERVICES FOUND AT THIS SITE,
AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL SOLEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM:
THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE;
THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE;
THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE;
PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER;
THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER;
ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN;
ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE;
ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE;
ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE; AND/OR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SOLEX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL SOLEX TOTAL AGGREGATE LIABILITY EXCEED £1,000.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
14. INDEMNITY
You agree to protect, defend, indemnify and hold harmless Solex and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, legal fees) imposed upon or incurred by Solex directly or indirectly arising from:
your use of and access to this Site or the Services found at this Site;
your violation of any provision of this Agreement or the policies or agreements incorporated herein; and/or
your violation of any third-party right, including, without limitation, any intellectual property or other proprietary rights.
The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
15. MODIFICATION OF AGREEMENT, SITE OR SERVICES
Solex may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you disagree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services.
In addition, Solex may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information current. Solex assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, Solex may terminate your use of Services for any violation or breach of any of the terms of this Agreement by you.
SOLEX RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
16. COMPLIANCE WITH LOCAL LAWS
Solex makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
17. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective heirs, successors and assigns.
18. NO THIRD-PARTY RIGHTS
Save where expressly specified to the contrary, a person who is not a party to this Agreement has no right to enforce any term of this Agreement.
19. TITLES AND HEADINGS
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilised to construe or interpret the agreement of the parties as otherwise set forth herein.
20. INDEPENDENT COVENANTS
Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.
21. SEVERABILITY
If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
22. GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the British Virgin Islands.
You irrevocably agree that the courts of the British Virgin Islands shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
23. ENGLISH LANGUAGE CONTROLS
This Agreement, along with all policies and applicable product agreements identified above and incorporated herein by reference, is executed in English. To the extent any translation is provided to you, it is provided for convenience only. In the event of any conflict between the English and translated version, the English version will control and prevail.
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