Terms of service

1. Basic provisions

1.1. These Terms of Service (hereinafter referred to as TOS) apply to products and services (hereinafter referred to as the Content) provided by SpreadCharts s.r.o. (hereinafter referred to as the Company), headquartered at Vacinova 859/13, 180 00 Praha 8 - Liben, Czech Republic, company id number: 01909321, VAT number: CZ01909321, registered in the Trade Registry held by the Municipal Court in Prague, under file number C 213146.

1.2. The Content, provided by the Company, can be used by an individual person or a legal entity (hereinafter referred to as the User). The use of the Content is defined by accessing it or any of its part by electronic means like the world wide web, other internet protocols, electronic mail (email), social media, and other channels.

1.3. By using the Content, the User unconditionally and without reservation accepts these TOS. If the User does not agree to any part of these TOS or if he/she believes that any part of these TOS is not enforceable in his/her jurisdiction, please discontinue use of the Content. Changes may be made to these Terms of Use from time to time. Continued use of the Content will be deemed acceptance to amended or updated TOS. These TOS constitute the whole agreement between the Company and the User, and supersede any and all other agreements between the Company and the User, whether written or oral, regarding use of the Content.

2. Specification of the Content

2.1. The Content consists of information, texts, images, videos, computer programs, cloud-based applications (Software as a Service), educational video analyses, written analyses, electronic documentation for the use of the Content, advice on making effective use of the Content, tutorials, educational courses, links to materials on subjects related to the Content and other materials deemed useful, informative, or interesting to the User.

2.2 The Content is distributed through the website located at https://spreadcharts.com and its subdomains, notably https://app.spreadcharts.com. Moreover, some parts of the Content can be distributed through electronic mail (email) and through Company's social media channels.

2.3. Some Content is accessible only to paying subscribers (hereinafter referred to as the Paid Content). All the other Content (hereinafter referred to as the Free Content) is openly accessible from the world wide web or after free registration for authorization purposes.

2.4. Some Paid Content may be in the form of electronic publications, like educational videos or PDF documents. The User acknowledges these publications are marked with a unique, hidden string that can identify the buyer of the publication. The string is a randomly generated sequence of characters and doesn't contain any personal information. Only the Company is able to identify the buyer by matching the string with the record in its internal database.

3. Access to the Paid Content

3.1 For access to the Paid Content, the User needs to purchase a premium subscription. The subscription is created for a period specified in the order after the payment is successfully made and funds are credited to the Company. The length of the subscription period is selected by the User prior to the payment.

3.2. The subscription is recurring. It automatically renews at the end of the subscription period, unless the User cancels it prior to the renewal in the subscription management of the SpreadCharts app at https://app.spreadcharts.com. If the User cancels the subscription, it will expire at the end of the current subscription period, and the next payment will not be charged. The User can also change the subscription period in the subscription management, which will take effect at the next renewal.

3.3. The final price the User will pay is listed in the payment window of the payment processor (FastSpring). The prices listed elsewhere are just indicative as the final price is calculated by FastSpring and depends on the User's home country and its VAT or sales tax rate. The currency conversions and other surcharges also affect the price.

3.4. The subscription price can change at any time due to the needs of the Company or independent adjustments by FastSpring due to changes in VAT/sales tax or currency conversion rates. Any change in price takes effect at the next subscription period after the current period ends.

3.5. After the subscription period expires and the subscription is not renewed for the next period, the User ceases access to the Paid Content, regardless of whether he/she used the service or not.

4. Rights and obligations of the User

4.1. User has the right to use the Content in a scope defined by these Terms of Service.

4.2. User agrees to abide by all the rules specified in these Terms of Service and Privacy Policy.

4.3. User may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without prior written consent from the Company. User may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

4.4. User is obliged to test his hardware capability, software configuration, and internet connectivity on the Free Content prior to buying Paid Content. User acknowledges that the degree of usability of the Content depends on his/her hardware capability and internet connection speed. Some functionality of the Content may be restricted if the User's hardware resources are limited. Sufficient connection quality and hardware capability are the responsibility of the User.

4.5. In order to access the Content, the User must register to the SpreadCharts app at https://app.spreadcharts.com. The registration is necessary to authorize access to the Content. User agrees to receive technical, informational, and advertising messages through email, social media, or other channels.

4.6. In the case of Paid Content, User based in the European Economic Area (EEA) has a right to withdraw from the contract within 14 days since the order was made, only if any Paid Content wasn't yet provided to the User. The user loses the right to withdraw from the contract at the time of gaining access and using the Paid Content, in accordance with provisions §1837, article a,h,i and l, Act 89/2012 Sb. of the Czech Republic.

5. Rights and obligations of the Company

5.1. Company must set up User access rights to the Paid Content within 5 working days after the funds as a whole are credited to the Company's account.

5.2. Company has a right to prematurely terminate User's access to the Content without compensation if the User infringes upon any part of these TOS.

5.3. If User does not have paid subscription, the Company can terminate his/her access to the Free Content at any time without notice.

5.4. Company can inform User about its other services or offers in the form of advertising by using User's email address, and the User agrees with this. The Company is obliged to stop sending promotional messages to the User if he notifies the Company by email message.

5.5. In case of downtime that results in total unavailability of the Paid Content in its entirety for more than 24 hours, the Company is obliged to extend the access time to the Paid Content for the same amount of time the Paid Content wasn't available. Except for the time extension as compensation for the downtime, the User is not entitled to financial compensation or refund. Users that do not have paid subscription are not entitled to any compensation at all.

5.6. Company reserves the right to suspend the provision of parts of the Content without notice. This concerns especially the market data obtained from third parties. Availability of the market data depends on the exchanges and their designated market data providers. These entities may decide to discontinue some market data from time to time or change the licensing agreements in such a way that makes it unattainable for the Company to continue providing this data.

6. Copyright

6.1. Content is owned by the Company or third parties that license their content to the Company. User is not allowed to spread or share the Content with anybody else.

6.2. User acknowledges that access to the Content is not anonymous. The Company records User's email, country, IP address, device type, internet browser version, and other meta data of each access to the Content.

6.3. User agrees with personalization of the Paid Content. Safety features are an integral part of the Paid Content and, in the case of unauthorized sharing, can be used in possible court proceedings for damage reimbursement from violation of copyright law.

6.4. User agrees not to share the link address (URL) where the Paid Content is located with a third party.

6.5. User agrees to safeguard his login credentials and prevent any third party from using his login to access the Content. If the User allows abuse of his login by a third party, he bears full responsibility for any committed damage as if the damage was committed by himself.

7. Disclaimer

7.1. CFTC rule 4.41
Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown. All information on this website are for educational purposes only and are not intended to provide financial advice. Any statements about profits or income, expressed or implied, do not represent a guarantee. User's actual trading may result in losses as no trading system is guaranteed. User accept full responsibilities for your actions, trades, profit or loss, and agree to hold the Company and any authorized distributors of this information harmless in any and all ways.

7.2. Disclaimer regarding investment decisions and trading
All information in the Content is intended for educational purposes only. The Company doesn't provide financial or investment advice. The Company is not a registered advisor, broker, dealer, or representative of any regulatory authority. The Company doesn't publish analyses or recommendations regarding specific financial instruments. If any financial instruments, strategies, underlying assets, or derivatives are mentioned anywhere in the Content, it's always and only for educational purposes. The Company and its representatives bear no responsibility for actions taken under the influence of information published anywhere in the Content. There is a risk of substantial loss in trading futures, options, stocks, ETFs, or other financial instruments.
Decisions to buy, sell, hold or trade in securities, commodities, and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. Before undertaking any investment or trading, User should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall the Company be liable for any loss or damage the User or anyone else incurs as a result of any trading or investment activity that User or anyone else engages in based on any information or material in the Content.
The Company, its affiliates, and/or their respective officers, directors, or employees may from time to time acquire, hold, or sell securities mentioned anywhere in the Content.

7.3. Disclaimer regarding Content
The Company cannot and does not represent or guarantee that any of the information available through the Content is accurate, reliable, current, complete, or appropriate for User's needs. Various information available in the Content may be specially obtained by the Company from professional businesses or organizations, such as exchanges, news providers, market data providers, and other content providers, who are believed to be sources of reliable information (collectively, the "Data Providers"). Nevertheless, due to various factors — including the inherent possibility of human and mechanical error — the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through the services and website are not and cannot be guaranteed by the Company.

7.4. Third-party sites
The Content may include links to third-party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You agree that the Company shall not be held liable for any trading activities or other activities that occur on any website you access through links in the Content. The Company provides these links as a convenience and do not endorse the content or services offered by these other sites.

8. Force Majeure

8.1. The Company shall not be held responsible for any delay or failure to perform any part of this TOS to the extent such delay or failure results from any cause beyond its reasonable control and without the fault or negligence of the Company, such as acts of God, acts of war or terrorism, extraordinary acts of the United States of America, European Union, Czech Republic or any state, territory or political subdivision thereof, fires, storms, floods, epidemics, riots, work stoppages, strikes, embargoes, government restrictions, exchange or market rulings, extreme market volumes or volatility, suspension of trading (whether declared or undeclared), adverse weather or events of nature. Upon an occurrence of an event of force majeure, the Company cannot ensure uninterrupted or error-free service or access to the Content, and there may be periods where access is delayed, limited, or not available.

9. Final provisions

9.1. User agrees with processing and storing of his personal data by the Company for the purpose of the business relationship between the Company and the User, according to the Act no. 101/2000 Sb. (personal data protection law) of the Czech Republic. This consent is granted for the duration of the business relationship with the Company, unless a special law defines a longer period.

9.2. The invalidity or unenforceability of any provision of these TOS shall not affect the validity or enforceability of any other provision hereof. Any invalid or unenforceable provision shall be deemed severed from these TOS to the extent of its invalidity or unenforceability, and these TOS shall be construed and enforced as if they did not contain that particular provision to the extent of its invalidity or unenforceability.

9.3. These TOS and the relationship between the User and the Company are governed by the law of the Czech Republic law. The Company and the User agree that any legal disputes between them shall be settled at Municipal Court in Prague, Czech Republic.

9.4. Any communication between the Company and the User is done electronically via electronic mail (email). The User is responsible for the correctness of his/her email address he states in communication with the Company.

9.5. These TOS are effective from November 25th, 2021.