1. Acceptance
These Terms and Conditions (“Terms”) govern your access to and use of Nister Finance’s websites, applications, Expert Advisors (EAs), APIs, data feeds, and related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
Where applicable, additional terms (e.g., plan-specific terms, product addenda) may apply. In case of conflict, those additional terms control for their subject matter.
2. Eligibility & Accounts
- You must be legally able to enter into these Terms and comply with applicable laws in your jurisdiction.
- When you create an account, you agree to provide accurate information, keep your credentials secure, and promptly update any changes.
- You are responsible for all activity under your account, including API-token use from your devices, servers, or trading terminals.
3. Subscriptions, Fees & Refunds
- Billing. If the Service includes paid features, you authorize us (and our payment processors) to charge the fees displayed at checkout on the schedule stated (e.g., monthly/annual).
- Auto-renewal. Plans may renew automatically until cancelled in your account portal or by contacting support.
- Taxes. Fees are exclusive of taxes. You are responsible for any applicable taxes, duties, or levies.
- Refunds. Unless required by law or expressly stated otherwise, fees are non-refundable once a billing period begins. If we offer a trial, cancellations during the trial avoid charges; once billed, the period runs to its end.
- Chargebacks. Filing chargebacks on valid transactions may lead to immediate suspension or termination.
4. EA & Software License
Subject to your continued compliance with these Terms and timely payment of any fees, Nister Finance grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use our EA and software solely for your own trading and only as documented.
Restrictions
- No resale, renting, lending, timesharing, or hosting for third parties.
- No reverse engineering, decompiling, disassembling, or circumventing technical protections except to the extent permitted by law.
- No removal or alteration of proprietary notices.
- One license is limited to the number of terminals/accounts stated in your plan. Additional accounts require additional licenses.
5. API Tokens & Rate Limits
- Your API token is personal to you. Do not share it or store it in public code repositories.
- Implement reasonable security (e.g., environment variables, server-side calls, IP restrictions where possible).
- We may enforce rate limits, concurrent request limits, or geographic restrictions to protect the Service.
- Scraping, automated bulk requests, or attempts to evade rate limits are prohibited and may result in suspension.
- We may revoke or rotate tokens at any time to address abuse or security issues.
6. Acceptable Use
- Do not use the Service for any unlawful, harmful, fraudulent, or abusive activity.
- Do not probe, scan, or test the vulnerability of any system or network without express permission.
- Do not interfere with or disrupt the integrity or performance of the Service (e.g., DDoS, excessive load).
- Do not infringe the intellectual property or privacy rights of others.
- Do not attempt to bypass access controls, paywalls, or usage restrictions.
7. Trading Risk Disclosure
Trading in financial instruments (including forex, CFDs, cryptocurrencies, and derivatives) involves a high degree of risk and is not suitable for every investor. You could lose all or more than your initial investment. Past performance does not guarantee future results. You are solely responsible for your trading decisions, risk controls, and any losses incurred.
8. No Financial or Investment Advice
The Service provides tools, automation, and informational signals only. We do not provide financial, investment, tax, or legal advice. Any content is for informational and educational purposes and should not be construed as a recommendation to buy, sell, or hold any asset. Always do your own research and consult qualified professionals.
9. Performance & Backtests
Any performance information (including backtests, simulations, or forward tests) is hypothetical and subject to limitations. Real-world results vary due to slippage, latency, liquidity, spreads, fees, broker differences, and human factors. We make no promise that your results will match any posted performance.
10. Data & Privacy
Your use of the Service is subject to our Privacy Policy, which explains what data we collect and how we use, store, and share it. You agree that we may process your data in accordance with the Privacy Policy.
Where permitted, we may log basic telemetry (e.g., anonymized IP hash, timestamps, API usage totals) to maintain security, debug issues, and improve the Service.
11. Intellectual Property
The Service, including all software, documentation, designs, and content, is owned by Nister Finance or its licensors and is protected by intellectual-property laws. No rights are granted except as expressly stated in these Terms.
Feedback
If you submit ideas or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction.
12. Third-Party Services
The Service may depend on third-party platforms (e.g., brokers, data providers, cloud infrastructure). We do not control and are not responsible for third-party availability, performance, or terms. Your use of third-party products is governed by their terms.
13. Availability & Maintenance
We strive for high availability but do not guarantee uninterrupted operation. We may suspend the Service for maintenance, security, legal compliance, or technical reasons. We will make reasonable efforts to minimize disruption.
14. Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, Nister Finance, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; OR TRADING LOSSES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.
IN ANY EVENT, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IN ANY 3-MONTH PERIOD SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE DURING THAT PERIOD.
16. Indemnification
You agree to indemnify and hold harmless Nister Finance and its affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your content, your violation of these Terms, or your violation of any law or third-party rights.
17. Suspension & Termination
We may suspend or terminate access to the Service immediately, with or without notice, if we reasonably believe you have violated these Terms, present a risk to the Service or other users, or as required by law. Upon termination, your license ends and you must cease use of the EA, software, and APIs. Sections intended to survive (e.g., IP, warranty disclaimer, limitation of liability, indemnity, governing law) will survive termination.
18. Changes to the Service & Terms
We may update the Service and these Terms from time to time. If changes are material, we will take reasonable steps to notify you (e.g., posting on our site or via email). Your continued use after changes become effective constitutes acceptance of the updated Terms.
19. Governing Law & Venue
These Terms are governed by the laws of Ghana, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction and venue of the courts of Ghana to resolve any dispute arising from or relating to these Terms or the Service.
If a provision is found unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver.
20. Contact
If you have questions about these Terms, please contact us:
- Email: [email protected]
- Contact page: Contact Us
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