Translation of the Regulations (terms of service) dated 8.03.2023.
- Customer - a natural person, legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity
2. Seller - Licensor and also the creator of the Software.
3. Regulations - these Regulations for the provision of electronic services.
4. Traiding View - A platform with charts available at: https://www.tradingview.com. Access to the platform, data and the quality of its operation is an independent issue for which the Seller is not responsible and should be resolved with the owner of the platform.
5. Analytical software - A computer program that analyzes data. In the case of software that cannot be made available via the Traiding View platform, it is possible to purchase the effects of personalized software in the form of one-off Reports.
6. Script - Analytical software run as part of the Traiding View platform, intended solely for its users.
7. Access - Non-exclusive, non-sublicensable, fixed-term license to use the Script within the Traiding View platform.
8. Report - The result of the personalized analytical software.
9. Order - Customer's declaration of will, aiming directly at concluding a Sales Agreement, specifying in particular the type and number of Accesses and/or Reports.
10. Civil Code - Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
11. Act on specific conditions of consumer sales - the Act of 27 July 2002 on specific conditions of consumer sales and amending the Civil Code (Journal of Laws No. 141, item 1176, as amended);
12. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
II. General provisions:
2.1 These Regulations define the rules for using the Analytical Software and the rules for placing orders electronically.
2.2 To successfully place an order, it is necessary to accept these Regulations.
2.3 The software is provided "as is" and the Seller does not guarantee its correct operation.
2.4 European Union tax laws impose limits and require knowledge of the customer's country of residence and the seller is unable to determine the customer's country of residence. The customer undertakes to provide his country of residence.
2.5 The Seller reserves the right to suspend sales to citizens of European Union countries, excluding Poland, if the limit specified in the regulations is reached, until the sales system is adjusted or the next calendar year begins.
III. Sales procedure:
3.1 In order to place an order, you must accept the terms and conditions. In the absence of acceptance of the regulations, the provision of services and the execution of the order is impossible.
3.2 You should write an e-mail with the order to: firstname.lastname@example.org, specifying in the content of the e-mail: Country of stay, currency, country where the customer's bank is located and:
3.2.1. In the case of Access to Scripts: a nickname from the TraidingView platform, identifying the account to which access will be granted, the type of script and the license/access period. If you do not have a registered account on the TraidingView platform, you will not be able to access it.
3.2.2 In the case of a Report: Specify the type of analysis (describe its scope) and the set of data on the basis of which the Report is to be generated. Each Report is priced individually. The Seller reserves the right to refuse to execute the Report and/or to deliver the Report, without giving any justification.
3.3 Sending the Order by the Customer constitutes acceptance of the Regulations, confirmation that he has been informed about its content and a declaration of will to conclude a Sales Agreement, in accordance with the content of the Regulations.
3.4 After placing the Order, the Customer receives an e-mail containing the final confirmation of all essential elements of the Order and data for making the transfer. Payment can only be made by bank transfer.
3.5 The license agreement is considered concluded when the Customer pays the amount due by bank transfer. The parties to the contract are identified by the details of the owners of the bank accounts used to pay for the Order.
3.6 The contract is concluded in Polish, with the content identical to the Regulations.
4.1. Delivery is made only in electronic form. In case of:
4.1.2 Access to Scripts - After the Customer receives the confirmation of the order. The fact that access is granted is signaled by the TraidingView platform in notifications and/or by email (depending on the configuration of the platform), and the script appears in the "Indicators, Metrics and Strategies" window in the "Invitation-only Scripts" section. A 15-day payment deadline for the first Access to the Script allows you to test the software without incurring any costs. If payment is not made within 15 days, access to the Script will expire.
4.1.3. Reports - After paying for the order within the time limit indicated in the confirmation, the course of which is counted from the moment the payment is credited to the recipient's account. In the event of circumstances preventing the execution of the Report, the Seller reserves the right not to execute the Report and return the funds. Reports as personalized elements made for specific customer requirements are not subject to testing and return.
V. Prices and Payment Methods
5.1. Prices for Polish citizens are given in PLN, for other customers in EUR and include taxes.
5.2. In order to avoid high transfer costs, the payment system supports a number of currencies: PLN, EUR, USD, GBP, AUD. Each currency has a dedicated account in the domestic transfer system.
5.3. In the order, please indicate the currency and country in which the customer's bank is located, and in the confirmation, the customer will receive an account for transfers appropriate for the indicated currency.
5.4. Payments are made by bank transfer to the account indicated in the order confirmation. In the case of the first payment for the Script, there is a 15-day payment deadline counted from the moment of granting access to the Script.
5.5. After 15 days unpaid orders are automatically cancelled.
VI. Right to withdraw from the contract
6.1 The provisions of the European Union (and the Polish Act on Consumer Rights in Article 38) exclude the application of the 14-day deadline for withdrawing from a distance contract in the scope of:
- Reports as a product manufactured according to the consumer's specifications and used to meet his individual needs.
- Scripts - as digital products not saved on a tangible medium, and for which the user requested the commencement of the service (access) before concluding the license agreement.
6.2. To meet the expectations of customers, in the case of Access to Scripts, we offer a 15-day period for the first payment, i.e. a 14-day trial period to familiarize yourself with the software, without incurring additional costs. The customer may resign from this period or shorten it freely by making a payment. The 14-day period is counted from the moment of granting Access to the Scripts.
6.3 The agreement concluded is a license agreement.
6.4 Payment of the order by the customer is tantamount to consent to the performance of the service before the deadline for withdrawal from the contract and is associated with the loss of the right to withdraw from the contract.
7.1 The Seller declares that he is the owner of economic copyrights to the analytical software.
7.2 The Customer declares that he will use the 14-day period to familiarize himself with the Software and pay for the order only if it meets his expectations.
7.3 The analytical software is provided to the Client for a limited period of time to be used to the extent permitted by the law of the Republic of Poland, solely for its own needs.
The license does not include the right to disseminate, make public or make available the Software, its copies or the effects of its operation for a fee or free of charge to third parties who are not registered users of the shared copy of the Software - including by way of lending, renting, leasing, further licensing, making it available on the network for download or in the form of a subscription as a service to access the Software.
7.4 The Seller is not responsible for the suitability of the Software for the purposes assumed by the Customer.
7.5. The software is provided "as is" and is used by the Customer at its sole risk and responsibility. The Seller shall not be liable for material and non-material damage suffered by the Customer or third parties, and resulting from non-performance or improper performance of the Agreement and the use or inability to use the Software by the Customer, including those caused by defects and errors in the Software.
7.6. The Seller is not responsible for the information or income lost by the Customer, is not responsible for the inability to effectively use the Software used by the Customer, or resulting from a computer (server) failure.
7.7. For problems with the Traiding View platform, please contact the platform's support.
7.8. The Seller's liability based on the warranty for physical and legal defects of the Software or the media containing the Software is excluded. All of the above exclusions of Seller's liability also apply to any effects of installation and use of the Software by the Customer.
7.9 The License may be canceled by the Seller in whole or in part in the event of a breach by the Customer of the terms of these Regulations.
8.1 The Software is provided "as is". The customer has the opportunity to test its operation during the 14-day trial period.
8.2 The Seller provides only data analysis software, does not provide investment or financial advice.
8.3. The Customer uses the Software at his own risk. The seller is not liable for damages resulting from the use of the software or errors contained therein.
8.4 The Traiding View platform is independent of the Seller and the Seller is not responsible for its efficiency or any aspects of its operation. For the Traiding View platform, please contact the platform support.
8.5. Detected errors and irregularities in the operation of the software should be reported to: email@example.com or firstname.lastname@example.org,
IX. Data processing - GDPR.
9.1. The seller does not collect customer data on its own.
9.2. Data processing is limited to:
9.2.1 Providing a nickname on the TraidingView portal from the content of the transfer/order to the TraidingView platform in order to grant access to the script.
9.2.2 Transfer of data to state authorities to the extent resulting from the provisions of applicable law.
X. Final Provisions
10.1. The Seller reserves the right to update the Regulations. Any changes to the Regulations come into force at the time of its publication.
10.2. Settlement of any disputes with the Customer is submitted to the court competent for the registered office of the Seller.
10.3. If any provision of the Regulations turns out to be invalid or ineffective, this shall not affect the validity of the Regulations and the Agreement in the remaining part, and in place of the excluded provisions, the general principles of generally applicable law shall apply.
10.4. In matters not covered by these Regulations, the provisions of Polish law shall apply.