Terms of service

Effective as of March 1, 2023

PLEASE READ THIS AGREEMENT - THE TERMS OF SERVICE AND END-USER LICENSE AGREEMENT (THE "AGREEMENT) - CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

MS TRADE SOLUTION TECHNOLOGY LLC, a Hungarian company with its principal place of business at Bartók Béla út 66. 3. em. 4, Budapest 1114 Hungary, company registration number: 0109349035, VAT number: HU27093928, and its Affiliates (defined below) (hereinafter referred to as "Provider", "we", "us" or "our") will provide You access to the Web Services (defined below) and related website located at www.avstrade.me or such other web addresses or uniform resource locators as may be specified by the Provider (collectively, the "Site"), specifically and solely for the purposes of requesting and receiving Data (defined below), Third-Party Data (defined below), and services under the related Subscription Plan (defined below). This Agreement governs Your access to and use of the Site, Web Services, Data and Third-Party Data, and constitutes a binding legal agreement between You (referred to herein as "You", "Your" or "Client") and Provider.

BY REGISTERING ON THE SITE, CLICKING THE "SIGN UP" BUTTON OR "I AGREE", OR BY ACCESSING OR USING THE SITE, WEB SERVICES OR ANY DATA DISPOSED ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS AND USE THE SITE, WEB SERVICES AND ANY DATA DISPOSED ON THE SITE.

IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR LEGAL ENTITY TO THIS AGREEMENT AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT COMPANY OR LEGAL ENTITY TO THE TERMS OF THIS AGREEMENT. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO YOU AND THAT COMPANY OR LEGAL ENTITY.

Please also note, You shall not use the Site, Web Services, any Data or other products, services, programs, documentations and other services and tools that are offered or may be offered in the future under the name of Provider, not view or use Site, Web Services, any Data in any other way in the following cases:

if You have not reached the statutory minimum age established by applicable law of Your country, which allows You to enter into legally binding agreements, including the right to enter into this Agreement, or to act without the consent of both parents or guardian;
if You have no rights to use the Site, Web Services, any Data or other Provider's products, services, programs, documentations and other services and tools under the laws of Your country of resides or location;
if You do not agree with this Agreement or any of its part.

1. Interpretation

Definitions: In this Agreement and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:

"Affiliate" means, in relation to either Party, a direct or indirect subsidiary of the Party, a holding company of the Party, and any other subsidiary of that holding company;

"Agreement" means these Terms of Service and End User Agreement, as they may be changed, amended, or updated from time to time, including the following Site policies and pages: the Privacy Policy and the Subscription Plan, published on the Site;

"Associates" means the Provider and each and every one of its shareholders, directors, officers, Affiliates, employees, contractors, agents, partners, insurers, and attorneys who or that are acting or performing or has acted or performed services for the benefit of or on behalf of the Provider;

"Data" means the prices and other market data that is (i) owned by Provider and (ii) obtained by Provider from exchanges and other sources delivered to Client via the Web Services and as described in this Agreement and on the Site;

"Subscription Plan" means costs and all the subscription plans selected by the Client in connection with the purchase of the use of the Web Services, Data and Third-Party Data. The Provider posts the available subscription plans and specifies the cost of use of the specific Web Services, Data and Third-Party Data provided by each subscription plan on the Site, as they may be changed by the Provider from time to time. The current subscription plans offered with respect to the Web Services are located at the Site;

"Third-Party Data" means the prices and other data that is (i) not owned by Provider and (ii) obtained by Provider from exchanges and other sources delivered to Client via the Web Services and as described in this Agreement and on the Site;

"Web Services" consist of a set of a content (data in digital form), software programs, interfaces, and webpages running on computers hosted at Provider sites or at third-party hosting facilities accessible via the Internet as described in this Agreement and the Site.

Headings: The headings and sub-headings in this Agreement are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision or provisions to which they refer.

Extended Meanings: Unless otherwise specified in this Agreement, words importing the singular include the plural and vice versa and words importing gender include all genders.

2. Modifications

Provider reserves the right to modify, discontinue or terminate the Site, Web Services, Data and Third-Party Data or to modify this Agreement, at any time and without prior notice. If Provider modifies this Agreement, Provider will post the modification on the Site or provide Client with notice of the modification. Provider will also update the "Last Updated Date" at the top of this Agreement. By continuing to access or use the Site, Web Services, Data or Third-Party Data after Provider has posted a modification on the Site or has provided You with notice of a modification, You are indicating that You agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to You, Your only recourse is to cease using the Site, Web Services, Data and Third-Party Data. In this case, Provider will not make any refunds, compensation or other payments to the Client.

3. Account

3.1. Registration and acceptance

To access the Site, Web Services, Data and Third-Party Data, You must register to create an account ("Account"). Subject to the terms and conditions of this Agreement and any other policy published at the Site, certain portions of the Site are available to Site visitors, including those portions before Your Account registration is accepted. Provider reserves the right to decline a registration for an Account for any reason, as well as to suspend or terminate Your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. If You create an Account as an agent on behalf of a company or other legal entity, You represent and warrant that You are authorized to enter into binding contracts, including this Agreement, on behalf of Yourself and the company or other legal entity.

3.2. Eligibility criteria

Provider offers the Site and Web Services to lawful users only. To register for an Account or use the Site and Web Services, You must, and hereby represent that You (a) will use the Site and Web Services in compliance with this Agreement and for lawful purposes only; (b) will comply with any licensing, registration, or other requirements established by law applicable to You and/or to a company or legal entity which You represent; (c) have or are an entitled agent of and authorized to act for a company or other legal entity; and (d) an individual 18 years or older (or have otherwise reached the age of majority in Your country) who can form legally binding contracts.

3.3. Account information

You agree to provide accurate, current and complete information during the registration process and to update Your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information, including Your identity or location, and undertake to correct any such information that is or becomes false or misleading.

3.4. Account permission

You agree not to request or allow another person to create an Account on Your behalf, for Your use, or for Your benefit, except that anauthorized agent may create an Account on behalf of Your business. By granting other users permissions under Your Account You represent and warrant that (a) the user is authorized to act on Your behalf, (b) You are financially responsible for the user's actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account, and (c) You are fully responsible and liable for any action of any user to whom You have provided any permissions and any other person who uses the Account, including making payments and entering into this Agreement. If any such user violates this Agreement, it may affect Your ability to use the Site, Web Service, Data and Third-Party Data.

3.5. Identity and location verification

When You register for an Account and from time to time thereafter, Provider may verify Your information, including, but not limited to, validate against third-party databases or verify one or more official government or legal documents that confirm Your identity, Your location, and Your ability to act on behalf of the company on the Site, and You agree with such verification and validation. You authorize Provider, directly or through third parties, to make any inquiries necessary to validate Your identity, Your location, and confirm Your ownership of Your email address or financial accounts, subject to applicable law. When requested, You must timely provide us with complete information about Yourself and the company You represent, which includes, but is not limited to, providing official government or legal documents.

3.6. Usernames and passwords

When You register for an Account, You will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of Your username and password and agree not to share Your username or password with any person who is not authorized to use Your Account. You authorize Provider to assume that any person using the Site or Your Account with Your username and password, either is You or is authorized to act for You. You agree to notify us immediately if You suspect or become aware of any unauthorized use of Your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another user of the Site if (a) You are not authorized to use either or (b) the use would violate this Agreement or any it's part.

4. Purchase

Еhe Client selects and agrees to purchase a Subscription Plan for continued use of the Site, Web Services, Data and Third-Party Data. Upon selection and purchase, access to the Site, Web Services, Data and Third-Party Data will be provided in accordance with the terms of the specific Subscriptio Plan selected by the Client via the Site.

5. Payments and Invoicing

5.1. Subscription Fees

5.1.1. Client will pay to Provider fees in connection with the Subscription Plan selected by Client to use the Web Services, Data, and Third-Party Data in advance ("Subscription Fees"). Subscription Fees for Client's use of the Web Services, Data and Third-Party Data shall be as described and/or as selected by Client via the Site in connection with purchase to use the Web Services, Data and Third-Party Data. All Subscription Fees are due at the beginning of each subscription term as specified in the Subscription Plan and Provider will charge the method of payment Client provides via the Site in the amount of the Subscription Fees in connection with the Subscription Plan that Client selects.

5.1.2. Subscription Fees indicated in the Subscription Plan are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, "Taxes"). Client shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Provider's net income.

5.1.3. Client acknowledges that the sums defined in the Subscription Plan indicate approximate prices only. Subscription Fees actually paid by the Client may vary slightly from the fee indicated in the Subscription Plan, since the Subscription Fees paid by the Client depend partly on the banks involved in the transaction (and their related transaction fees, exchange rates).

5.1.4. Payment of the Subscription Plan shall be effected by Client by means of a simple bank transfer or by means of the payment methods made available by the Provider (i.e. PayPal, Stripe etc.). Client defines certain method of payment during subscription to the Subscription Plan.

5.1.5. In accordance with the relevant European Union Directive No. 2002/38/EC, invoices issued on companies paying taxes in the European Union and providing their EU VAT number are to be issued exclusive of VAT. Private individuals resident outside the European Union and companies paying taxes outside the European Union are exempt from VAT as well.

5.2. Non-refundable Fees

Subscription Fees are non-refundable. Client waives their right to a refund on Subscription Fees both during on Termination, and after expiration of Agreement.

6. Updates and Modifications

Provider may provide to Client updates or modifications ("Updates") to the Web Services as they become available. Client acknowledges that additional Subscription Fees may be charged for the use of Updates, and that Provider has sole discretion in identifying which Updates require the payment of additional Subscription Fees. Provider acknowledges that Client has sole discretion in deciding to use Updates and is only responsible for additional Subscription Fees for those Updates that Client decides to use. Should Client decide to use Updates that require additional Subscription Fees, then new Subscription Fees for Client's use of the Web Services shall be as described and/or as selected by You via the Site in connection with purchase to use the Web Services, Data and Third-Party Data.

7. Term and Termination

7.1. Term

This Agreement will commence when You click "Sign up" or "I agree" (the "Start Date") and shall continue through the initial term specified by the Subscription Plan (the "Initial Term"). At the end of the Initial Term, this Agreement will automatically renew on the day following the last day of the Initial Term ("First Renewal Date") and will automatically renew thereafter on the first day of each renewal period ("Renewal Period") as specified by the Subscription Plan, unless either party provides to the other written or electronic notice of termination in accordance with the terms of this Agreement. The Initial Term specified by the Start Date and the First Renewal Date of the Subscription Plan, and each subsequent renewal term specified by the First Renewal Date and the Renewal Period of the Subscription Plan are collectively the "Term".

7.2. Termination

Either party may terminate this Agreement for any reason prior to the beginning of each renewal term as indicated by the First Renewal Date and the Renewal Period of the Subscription Plan by delivering written or electronic notice of termination at least thirty (30) days prior to the beginning of each renewal term. Notwithstanding the foregoing, either party may terminate this Agreement at any time in the event that the other party breaches any material term of this Agreement and fails to remedy such breach within ten (10) business days after receipt of a written or electronic notice of any such breach, or if such breach cannot be remedied within that period of time, fails to demonstrate to the satisfaction of the non-breaching party that it is taking steps reasonably necessary to remedy the breach.

Inability to Provide Data and Third-Party Data. If Provider ever loses the license, authorization, right or ability to provide any portion of the Web Service, Data or Third Party Data, or such license, authorization or right is ever interrupted or otherwise impaired, then Provider will use its best efforts to notify Client of such fact if permitted to do so and Client may immediately terminate use of any portion of the Web Services and Provider will refund the prorated Subscription Fees (defined below) associated with the unused portion of the Web Services.

7.3. Survival

The provisions of the Definitions Section and Sections that by their nature should reasonably survive, and any amendments to the provisions of the aforementioned will survive any termination or expiration of this Agreement.

8. License

8.1. Web Services License

Subject to Client's compliance with the terms and conditions of this Agreement, Provider grants to Client a limited, non-exclusive, non-transferable, revocable license to access and use the Web Services solely for its personal purposes. This Agreement governs Client's access to and use of the Web Services and the Site. Client acknowledges and agrees that if Client does not agree with this Agreement, Client would have no rights or access to the Web Services and the Site.

Provider, at its discretion, may make available future upgrades or updates to the Web Services and the Site. Upgrades and updates, if any, may not necessarily include all existing features or new features of Web Services or the Site. The terms of this Agreement will govern any upgrades or updates that replace and/or supplement the original Web Services or the Site, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern.

8.2. Rights in Data License

In addition, any Third-Party Data may be subject to restrictions of use and require additional license agreements with the provider or owner of such Third-Party Data, in which case Client can be required to obtain all required license agreements with each owner of Third-Party Data pursuant to Client's use of such Third-Party Data. If Client does not obtain a required license agreement for any portion of the Third-Party Data and as such is in violation of the Third-Party Data owner's licensing requirements, Provider may terminate provision of Web Services under this Agreement and terminate the later.

Nothing in this Agreement gives You any license (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site, any of the Web Services, Data and Third-Party Data, the copyrights or the trademarks. Provider may suspend or terminate the provision of Web Services to You or to freeze or terminate Your Account, at its sole discretion, as required by applicable Laws or where Provider determines that You have violated, breached, or acted inconsistent with any of this Agreement.

9. Proprietary Rights

Subject to the limited rights expressly granted hereunder, Client acknowledges that the Data, Web Services, Site, and/or any developments to the Data, Web Services, and Site that result from services provided to Client hereunder are proprietary in nature and owned exclusively by Provider. The Data, Third Party Data, the Web Services, as well as any are to be used exclusively as described herein.

The services provided to the Client and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, data, third party data, web services and all Intellectual Property Rights related thereto, are the exclusive property of the Provider and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible from the services. Use of any Data or materials for any purpose not expressly permitted by this Agreement is strictly prohibited. Provider's Data has been obtained and developed in a unique proprietary manner that cannot be redistributed without the exclusive written permission of the Provider. Any unpermitted use or redistribution of Provider's Data will result in the termination of the Client's account and legal action will be taken to the fullest extent to protect Provider's rights and interests.

10. Restrictions

10.1. Restrictions on the Web Services

Client may use the Web Services solely with any software application owned or licensed by Client. Client may not use, adapt, modify, redistribute, sublicense, sell or otherwise make available any portion of the Web Services for use by software applications not owned or licensed by Client. Client will attempt to access, tamper with, or use non-public areas of Provider's website, computer systems, or the technical delivery systems of Provider's contractors. Client will attempt to probe, scan, or test the vulnerability of any of Provider's systems or networks or breach any of Provider's security or authentication measures.

10.2. Restrictions on the Data and Third-Party Data

Client may use the Data and Third-Party Data solely with any software application owned or licensed by Client. Client will not use, redistribute, sublicense, sell or otherwise make available any portion of the Data or Third-Party Data in any Data Exchange Format for use in software applications not owned or licensed by Client. Client may not display or make the Data or Third-Party Data available in any DataExchange Format to non-employee users, including but not limited to, vendors, contractors, partners and the general public (e.g., public websites, partner and vendor extranets, EDI applications, etc.). Client may cache and store the Data and Third-Party Data for use within each Distinct Software Application provided such use is in compliance with restrictions imposed by the Data Owners. The Data or Third-Party Data may not be shared between Distinct Software Applications or made available in any Data Exchange Format for the purpose of sharing between Distinct Software Applications.

11. Prohibited Uses

You may not:

(a) use the Site, Data, Third-Party Data or any Web Services in order to illegally transact or deal in, any funds, property, or proceeds;

(b) use the Site, Data, Third-Party Data or any Web Services if any applicable laws prohibit, penalize, sanction, or expose Provider to liability for any Data, Third-Party Data or any Web Services furnished or offered to you under this Agreement;

(с) post, submit, publish, display, or transmit any content that violates this Agreement or any rights or interests, including, but not limited to, intellectual property rights, of Provider or any third persons;

(d) take advantage of any technical glitch, malfunction, failure, delay, default, or security breach of the Site;

(e) falsify or materially omit any information or provide misleading or inaccurate information requested by Provider or any of its Associates, including, but not limited to, at Site registration;

(f) post, submit, publish, display, or transmit any User Submission that is likely to deceive Provider or any third person;

(g) cause injury to, or attempt to harm, Provider, any of its Associates or any third person through your access to the Site or any Data, Third-Party Data or any Web Services, including, but not limited to, posting, submitting, publishing, displaying, or transmitting any User Submission that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

(h) promote discrimination based on race, religion, nationality, disability, sexual orientation, gender or gender identity, or age;

(i) post, submit, publish, display, or transmit any advertising or promotional material without the prior written consent of Provider or its Affiliate.

Any use as described in this paragraph shall constitute a "Prohibited Use". If Provider determines or suspects that you have engaged in any Prohibited Use, Provider may address such Prohibited Use through an appropriate sanction, in its sole and absolute discretion. Such sanction may include, but is not limited to, removing or declining to post any User Submissions you provide, making a report to any government, law enforcement, or other authorities, without providing any notice of you about any such report; confiscation of any funds, property, proceeds that you have at Your Account on the Site; and, suspending or terminating your access to the Site or any Web Services.

12. Client Responsibilities

Client will promptly report any errors in the operation of the Web Services to Provider and will not take any actions that would increase the severity of the error. Client will use the Web Services solely as described herein. In the event that Client violates any of the requirements of this Section, Provider will have no responsibility to provide technical support.

Except as otherwise provided herein, Client is responsible for all of Client's activities occurring through its use of the Web Services.

13. Telecommunications and Internet Services

Client acknowledges that the use of the Web Services by Client is dependent upon access to telecommunications and Internet services. Client will be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Web Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing.

14. User Submissions

The Site or certain Web Services may contain member profile pages, forums, groups, and other interactive features that allow users to post, submit, publish, display, or transmit to other users' content or materials (collectively, "User Submissions") on or through the Site. You hereby grant the Provider and its Affiliates a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, modify, publish, transmit, broadcast, display, and distribute the User Submissions in any and all media or distribution methods, whether now known or later developed. You agree that You are responsible for, and indemnify and save and hold harmless the Provider and its Associates from, any User Submissions You submit or contribute, and You, not the Provider or its Associates, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. The Provider and its Associates are not responsible, or liable to any Person, for the content or accuracy of User Submissions posted by You or other users of the Site.

15. Risks

15.1. Important

The information presented on or through the Site is made available solely for general information purposes and the Provider does not warrant the accuracy, completeness, or usefulness of this information. You are solely responsible and liable: for any and all activity on or through the Site or based on the Web Services, Data or Third-Party Data; and, for knowing the true status of any deed with any other party, even if presented incorrectly by the Site, Web Services, Data or Third-Party Data at any time.

In the event of any conflict between the information reflected in Your Account or elsewhere on the Site and information on the books and records of Provider, the books and records of Provider shall control, even if this results in losses to You or increases Your losses.

You acknowledge and agree: to be fully responsible and liable for Your actions and inactions on the Site or based on the Web Services, Data or Third-Party Data and all gains and losses sustained from Your use of the Site, Data or Third-Party Data and any of the Web Services; to be responsible for any negative balance in Your Account on the Site; to be fully responsible and liable for all of Your obligations with respect to any activities on the Site; and, to be fully responsible for safeguarding access to, and any information provided through, the Site and any of the Web Services, including, but not limited to, Account, username, password and other details. You have no right whatsoever to claim damages, specific performance, or compensation in any form from the Provider as a result of actions it takes in its administration of the Site or any of its part.

15.2. No guarantees

There is no guarantee of the absence of losses that may arise through or in connection with the use of the Site. You may also incur losses in the event of force majeure. The Supplier does not and will not be liable for any losses incurred by the Client or any other party on or in connection with the Site.

16. Warranties and Limitation of Liability

16.1. Disclaimers of Warranty

Some jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the below disclaimer may not apply to You in its entirety. To find out more about Your rights, You should contact a local consumer advice organization.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (i) THE WEB SERVICES, SITE, DATA, AND THIRD-PARTY DATA ARE DELIVERED TO CLIENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION PROVIDED, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OR PERFORMANCE, (ii) PROVIDER MAKES NO WARRANTY THAT THE SITE, DATA, OR THIRD-PARTY DATA WILL MEET CLIENT'S SPECIFIC OBJECTIVES OR NEEDS; (iii) PROVIDER MAKES NO WARRANTY THAT THE WEB SERVICES, SITE, DATA, OR THIRD-PARTY DATA WILL BE FREE FROM ERRORS OR BUGS; and (iv) PROVIDER MAKES NO WARRANTY THAT THERE WILL BE UNINTERRUPTED OPERATION OF THE WEB SERVICES, SITE, DATA, AND THIRD-PARTY DATA. CLIENT ACKNOWLEDGES THAT (i) ANY DATA DOWNLOADED THROUGH THE USE OF THE WEB SERVICES AND SITE IS DONE AT ITS OWN DISCRETION AND RISK, AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF APPLICATIONS OR DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH DATA and (ii) THE FOREGOING EXCLUSIONS AND DISCLAIMERS OF WARRANTIES ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PROVIDER OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

PROVIDER MAKES NO WARRANTY REGARDING THE DATA, THIRD-PARTY DATA OR ANY OTHER INFORMATION PURCHASED OR OBTAINED THROUGH PROVIDER'S SITE AND/OR THE WEB SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY DATA, THIRD-PARTY DATA OR OTHER INFORMATION OBTAINED THROUGH PROVIDER'S WEBSITE AND/OR THE WEB SERVICES.

16.2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER OR ITS ASSOCIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE WEB SERVICES, SITE, DATA, AND THIRD-PARTY DATA, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF PROVIDER OR ANY ITS ASSOCIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

17. Indemnity

Client agrees to defend (or settle), indemnify and hold Provider, its Associates harmless from and against any and all liabilities, losses, damages, or expenses (including court costs and reasonable attorneys fees) in connection with any third party claim that the Client's use of the Web Services or Data in violation of this Agreement infringes or misappropriates any Intellectual Property Rights of any third party.

18. Miscellaneous Provisions

18.1. Excusable Delays. Any delay in performance of any provision of this Agreement caused by conditions beyond the reasonable control of either party will not constitute a breach of this Agreement, provided that the delaying party has taken reasonable measures to notify the affected party of the delay in writing or in electronic from and uses reasonable efforts to perform in accordance with this Agreement notwithstanding such conditions. The delayed party's time for performance will be deemed extended for a period equal to the duration of the conditions beyond its control. Conditions beyond a party's reasonable control include, but are not limited to, natural disasters, acts of government, acts of terrorism, power failures, major network failures, fires, riots, and acts of war (collectively, "Excusable Delays").

18.2. Compliance with Laws and Policies. The parties hereby agree to abide by and comply with all applicable local, state, national, and international laws and regulations (including applicable laws that pertain to the transmission of technical data, privacy, the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property).

18.3. Governing Law; Jurisdiction. The Parties agree that the law applicable to the present Agreement (and to any legal disputes originating therefrom) shall be Hungarian law, excluding conflict its of law provisions.

18.4. Dispute resolution. In the event of any dispute or differences arising between the parties hereto out of or in connection with this Agreement or their validity or of any documents arising from it or made a part hereof or any amendments thereto, the parties shall endeavor to reach an amicable agreement, but if such agreement is not reached then, all disputes arising in the connection with these terms shall be resolved, to the exclusion of jurisdiction of courts in Hungary. For the purposes of disputes settlement between parties an effective and binding mean of communication with the authorized representative of Provider shall be correspondence through the e-mail indicated at the end of the Agreement.

18.5. Entire Agreement. This Agreement, including the Subscription Plan and Support Plan, as amended from time to time according to its terms, shall constitute the entire agreement between Client and the Provider respecting the Site, the Web Services, the Support, the Data, and the Third Party Data described herein, and shall supersede all prior agreements, arrangements, representations or promises, whether oral or written, as to its subject matter.

18.6. Severability. Should any provision of this Agreement be considered invalid, illegal or impossible to be fulfilled in any respect and if it has no detrimental effect on the interests of the Parties, then: (a)such provisions shall not be deemed valid by the Parties and shall not be constituent part of this Agreement, and (b) all other provisions of this Agreement shall remain in full force and effect. To the extent permitted by the applicable law, the Parties shall waive the provisionsof the law subject to which any provision of this Agreement is invalid, illegal or impossible to be fulfilled.

18.7. Force Majeure. The Provider and their respective affiliates shall not be deemed to be in default of any provision hereof or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, civil or military authority, civil disturbance, war, terrorism, strikes, fires, other catastrophes, power or telecommunications failure or any other cause beyond its reasonable control.

18.8. No Waiver. Either Party's failure to enforce the other Party's strict performance of any provision of this Agreement will not constitute a waiver of the first Party's right to subsequently enforce such provision or any other provision of this Agreement.

18.9. Assignment. Provider may assign its rights and obligations under this Agreement in whole or in part without written notice to and consent of Client. Client may not assign its rights and obligations under this Agreement without prior written notice to and consent of Provider.

18.10. Relationship Between the Parties. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other's behalf without such other party's prior written consent.

18.11. Notice. The parties may give notice to each other via email or certified mail. Notices sent to Provider should be directed to cs@mstrade.org. Notices sent to Client will be sent to Client at the email address provided during registration to use the Web Services.

18.12. Language. In the event you read this Agreement in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail.

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Should You have any further questions with regards to these Terms of Use and End-User License Agreement, please feel free to reach out via legal@mstrade.org. We're happy to hear from You.

Legal details of Provider:

Legal company name: MS Trade Solution Technology LLC Address: Bartók Béla út 66. 3. em. 4, Budapest, 1114 Hungary Company registration number: 0109349035 VAT number: HU27093928

Email (for general inquiries): cs@mstrade.org Email (for legal inquiries): legal@mstrade.org Tel.: +36 70 659 19 22

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Last updated 5 months ago