Terms and Conditions
These terms and conditions (the “Terms and Conditions”) govern the relationship between you (“You” or the “User”) with BINARY BOSS (the “BinaryBoss”, and together with the User, the “Parties”) regarding the provision and use of the Software/EAs/Trading Tools/Indicators, as defined below.
PLEASE READ THESE TERMS AND CONDITIONS BEFORE INSTALLING OR USING IN ANY WAY THE SOFTWARE/EAS/TRADING TOOLS/INDICATORS. DOING SO SHALL BE CONSIDERED AS AN ACCEPTANCE OF THESE TERMS AND CONDITIONS BY YOU IN FULL. IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS OR ANY PART OF THESE TERMS AND CONDITIONS YOU MUST NOT USE THE SOFTWARE. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTED, YOU ARE NOT ALLOWED TO USE THE SOFTWARE IN ANY WAY.
1. Provision of Software/EAs/Trading Tools/Indicators-as-a-Services:
a. The BinaryBoss is the Authorized Marketer/Seller of the “Software/EAs/Trading Tools/Indicators”, a software used to interact between the User and its designated broker or brokers (the “Broker” or the “Brokers”) in binary options and forex operations, mainly in FX markets. The Software/EAs/Trading Tools/Indicators is supplied to the User through an authorized manner.
b. The Software/EAs/Trading Tools/Indicators allows to trade (Automated & Manual) of trades based on predictions received from MetaTrader terminal through an automatic or manual connector provided alongside the Software/EAs/Trading Tools/Indicators, as selected by the User.
c. Alternatively, the Software/EAs/Trading Tools/Indicators can be provided for a rental period or permanent, as long as the applicable Fees, as defined below, are paid by the User (the “Account”).
2. Relationship between the BinaryBoss and the User:
a. The BinaryBoss does not make any profits from the operations carried out by the User as a result of its relationship with the Brokers.
b. The User acknowledges that binary options and forex trading carries a high level of risk and may not be suitable for all investors. Before deciding to trade binary options, the User has carefully considered its investment objectives, level of experience, and risk appetite. The possibility exists that the User could sustain a loss over its initial investment. The User should not invest money that it cannot afford to lose. The User should be aware of all the risks associated with binary options and forex trading and seek advice from an independent financial adviser in case of any doubts.
c. Moreover, the User also acknowledges that the ‘Copy Trading’ feature does not constitute investment advice from the BinaryBoss, as this feature only allows to follow other Users and place similar operations following their actions.
d. The BinaryBoss has no duty to supervise or review Brokers’ actions or recommendations. Brokers’ services to the User does not in any way represent an endorsement by the BinaryBoss or that the BinaryBoss has reviewed or approved the operation of the Brokers, its services, or any recommendations or advice or actions. In no manner shall the provision of the Software/EAs/Trading Tools/Indicators be considered as an endorsement of any of the Broker and/or its services.
e. The User shall be the sole responsible to analyse and check if the binary options or forex activity is legal in any jurisdiction involved and if the Broker has all the necessary authorizations to legally conduct its business and agrees to maintain the BinaryBoss harmless from any liability, loss, damage, lawsuits, proceedings, appeals, assessments, fines, actions, causes of action, decrees, judgments, settlements, court orders, investigations, civil penalties and/or demands of any kind that may result (including attorney fees and associated expenses) whether compensatory, exemplary, punitive, special, consequential and/or incidental caused directly or indirectly by the operations carried out by the User.
f. All claims, questions or disputes regarding Brokers’ services or Brokers’ execution of operations must be made directly only to such Broker and under no circumstances whatsoever and by no means to the BinaryBoss.
g. Each Party has no authority and shall not make any representations or give any warranties on the other Party’s behalf. Neither Party shall have any authority to bind the other Party or to enter into any agreement, understanding or commitment giving rise to any liability or obligation to the other Party.
a. The User shall pay the BinaryBoss the applicable fee due in consideration for the provision of the Software/EAs/Trading Tools/Indicators when using it (the “Software/EAs/Trading Tools/Indicators Fees”). The Software/EAs/Trading Tools/Indicators Fees shall be charged Monthly/Quarterly/Half Yearly for a renting license or as a one-time payment for a permanent license. In case of a renting license, the subscriptions can be terminated at the end of the subsroption period.
b. The BinaryBoss may from time to time change the applicable Fees without assigning reason or cause and without notice in advance.
c. The BinaryBoss might use the services of a payment processor, who might be the Vendor, for the collection of the Fees. As such, the payment processing activities might be governed by a different set of rules other than these Terms and Conditions.
4. Intellectual Property:
a. Subject to the Terms and Conditions, the BinaryBoss hereby grants to the User a limited to the time paid as Software/EAs/Trading Tools/Indicators Fees, non-exclusive, non-transferable, non-sub licensable, valid only for its territory, license to access and use the Software/EAs/Trading Tools/Indicators on a software-as-a-service basis (“License”).
b. The User is not authorized to use the Software/EAs/Trading Tools/Indicators in any other way besides the purpose indicated above in Section 1 (Provision of Software/EAs/Trading Tools/Indicators-as-a-Service). As a consequence, the User shall not and shall use best efforts to cause any third party not to do any of the following: (i) interfere with the security of, or otherwise misuse or disrupt, the Software/EAs/Trading Tools/Indicators; (ii) use, evaluate, reverse engineer, or view Software/EAs/Trading Tools/Indicators to design, modify, or otherwise creating any environment, program, or infrastructure or any portion thereof, which performs functions similar to the functions performed by the Software/EAs/Trading Tools/Indicators; (iii) resell, make commercial use of, timeshare, rent or otherwise generate income from, or otherwise provide access to the Software/EAs/Trading Tools/Indicators; and (iv) introduce any modification into the Software/EAs/Trading Tools/Indicators.
c. The Parties acknowledge that the Software/EAs/Trading Tools/Indicators is owned by the respective BinaryBoss and that the binaryboss.in is an authorized distributor of such Software/EAs/Trading Tools/Indicators. All right, title, copyright and other interest in and to any part of or all any other Party systems, software or technologies beyond the Software/EAs/Trading Tools/Indicators shall always remain the sole and exclusive property of such Party.
d. When using the Software/EAs/Trading Tools/Indicators, the User must comply with the security measures required by the BinaryBoss to safeguard the Software/EAs/Trading Tools/Indicators.
5. Data Security & Privacy Laws:
a. The BinaryBoss declares to comply with laws, rules, regulations and ordinances of its jurisdiction applicable to the provision of the Software/EAs/Trading Tools/Indicators as they pertain to privacy, data protection, data security and handling of data security breaches.
b. To provide access to the Software/EAs/Trading Tools/Indicators, the User may be required to provide certain personal data, including but not limited to: first and last name, broker account email address; MetaTrader ID; System ID etc.
c. The personal data shall be used for the following purposes: (i) provide access and use of the Software/EAs/Trading Tools/Indicators; and (ii) sending newsletters about updates or important changes regarding the Software/EAs/Trading Tools/Indicators, as well as promotions newsletters. User can request a permanent or temporary prohibition of the use of its data for direct marketing by the BinaryBoss at any time by writing to email@example.com or by clicking the UNSUBSCRIBE button in the e-newsletter.
d. As the legal basis for all data processing activities, the BinaryBoss relies on the contractual relationship with the User arising from these Terms and Conditions.
e. The BinaryBoss is authorized to transfer the personal data to the third parties to carry out any of the purposes indicated above on a controller-to-controller basis as well as on a controller-to-processor basis for the following purposes: (i) transfer of the personal data to interact with the Broker; (ii) further improvements of the Software/EAs/Trading Tools/Indicators; and (iii) informing, marketing and promotion purposes regarding the Software/EAs/Trading Tools/Indicators.
f. Notwithstanding the foregoing, the User acknowledges and agrees that the BinaryBoss shall have the right to utilize data capture, syndication, and analysis tools, and other similar tools, to extract, compile, synthesize, and analyse any non-personal data resulting from the use of the Software/EAs/Trading Tools/Indicators.
g. The BinaryBoss may execute supplemental security and data protection terms, including controller-to-controller or controller-to-processor data transfer agreements, with the data processors indicated above.
6. Liability and Indemnity:
a. The Software/EAs/Trading Tools/Indicators is provided “as is” and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the BinaryBoss or the authors, developers, contributors or distributors of the Software/EAs/Trading Tools/Indicators be liable for any direct, indirect, incidental, special, exemplary, or consequential damages, in particular, errors in the execution of any order due to any system, software failures (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Software/EAs/Trading Tools/Indicators, even if advised of the possibility of such damage.
b. While User declares hereby and affirms under oath that it is in full compliance with all applicable laws, the BinaryBoss shall not be responsible for performing anti-money laundering and terrorism financing prevention compliance and User accepts and agrees to maintain the BinaryBoss harmless from any liability, loss, damage, lawsuits, proceedings, appeals, assessments, fines, actions, causes of action, decrees, judgments, settlements, court orders, investigations, civil penalties and/or demands of any kind that may result (including attorney fees and associated expenses) whether compensatory, exemplary, punitive, special, consequential and/or incidental caused directly or indirectly by the operations carried out by the User.
All agreements, documents, information papers, and data in any form, supplied by either Party to the other according to these Terms and Conditions concerning such Party’s business or financial condition (“Confidential Information”) shall be treated by the receiving Party as confidential. Each Party agrees to use a reasonable degree of care in safeguarding any Confidential Information received, but not less than the degree of care used in safeguarding its proprietary information. To the extent such documents or data are retained by the receiving Party, they shall be kept in a safe place and shall be made available to third parties only as authorized by the disclosing Party in writing or according to any order or request of a court or regulatory body having the appropriate jurisdiction. If a Party receives such an order or subpoena it shall provide the other Party prompt notice of receipt of it, unless prohibited from doing so by the issuing authority before the receiving Party’s compliance herewith. Documents received from the disclosing Party and retained by the receiving Party shall be made available by the receiving Party for inspection and examination by the disclosing Party’s auditors, by properly authorized agents or employees of any regulatory bodies or commissions or by such other persons as the disclosing Party may authorize in writing. Notwithstanding anything herein to the contrary, each Party expressly authorizes the other to supply any information requested relating to the Party, its business, or Participating Customers to any regulatory or self-regulatory body having appropriate authority or to any third-party provider of such Party to provide services relating to these Terms and Conditions. The obligations in this Section shall not restrict any disclosure by either Party according to any laws or regulations, or by order of any court or government agency and shall not apply concerning information which (i) is developed by the other Party without violating the disclosing Party’s proprietary rights; (ii) is or becomes publicly known (other than through unauthorized disclosure); (iii) is disclosed by the owner of such information to a third party free of any obligation of confidentiality; (iv) is already known by such Party without an obligation of confidentiality other than according to the Terms and Conditions or any confidentiality agreements entered into between the Parties (including any predecessor entity) before the date of delivery of the Software/EAs/Trading Tools/Indicators; or (v) is rightfully received by a Party free of any obligation of confidentiality.
a. The BinaryBoss may terminate or suspend the provision of the Software/EAs/Trading Tools/Indicators or totally or partially restrict the use by the User immediately at any time without assigning reason or cause and without any notice thereto.
b. The User shall have the right to cancel the provision of the Software/EAs/Trading Tools/Indicators at any time with the obligation to pay immediately any outstanding amount due to the BinaryBoss and without the right to obtain a total or partial refund of any amounts paid to the BinaryBoss.
c. Upon termination under this Section, the User must eliminate the Software/EAs/Trading Tools/Indicators in 7 days upon the effective date of termination.
d. The Parties acknowledge that BINARY BOSS is an authorized Marketor/Seller of such Software/EAs/Trading Tools/Indicators. All right, title, copyright and other interest in and to any part of or all any other Party systems, software or technologies beyond the Software/EAs/Trading Tools/Indicators shall always remain the sole and exclusive property of such Party.
a. The provision of the Software/EAs/Trading Tools/Indicators is non-exclusive, and nothing herein shall prevent the BinaryBoss from providing the Software/EAs/Trading Tools/Indicators to other Users in the same or other jurisdictions.
b. The Terms and Conditions constitute the entire understanding of the Parties as to its subject matter. The Parties acknowledge that they have not relied upon any oral or written representation of the other or the other’s employees or agents and have made their independent investigations into all relevant matters.
c. The Terms and Conditions and all the provisions hereof shall be binding upon and inure to the benefit of the Parties hereto, irrespective of any change concerning the names of or the personnel of the Parties.
d. The failure of either Party to enforce at any time or for any period, any one or more of the rights provided herein shall not be a waiver of such rights or the right at any time subsequently to enforce such right.
e. If anyone or more of the provisions of the Terms and Conditions are stricken out as invalid, illegal or unenforceable by a judgment, the validity, legality or enforceability of the remaining provisions shall not be affected thereby.
f. The construction and effect of every provision of the Terms and Conditions, the rights of the Parties hereunder and any questions arising out of the Terms and Conditions, shall be subject to the laws of Belize without giving effect to the conflicts of laws or principles thereof.
g. Headings and titles herein have been inserted for convenience and shall not be construed to affect the meaning, construction or effect of the Terms and Conditions.
10. Mandatory Arbitration:
a. In the event of a dispute between the Parties, such dispute shall be settled by arbitrators before arbitrators sitting in the India.
b. The Parties waive the right to sue each other in court and instead shall submit their claims to arbitrators indicated in Section 10.a
c. The arbitration shall be final, and binding and the award shall be only subject to judicial review if the governing law indicated in Section 10.a. grants the non-waivable right to submit the award to judicial review.
11. Returns and Refund Policy:
a. Unless otherwise specified, refunds for our digital products and services will not be provided once the purchase order is confirmed and the product has been sent or service has been provided.
b. We recommend contacting us for assistance if you experience any issues with our products and services.
a. Your Privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
b. When visiting binaryboss.in, the IP address used to access the site will be logged along with the dates and times of access. This information is purely used to analyse trends, administer the site, track users movement and gather broad demographic information for internal use. Most importantly, any recorded IP addresses are not linked to personally identifiable information.
c. We have included links on this site for your use and reference. We are not responsible for the privacy policies on these websites. You should be aware that the privacy policies of these sites may differ from our own.
d. The contents of this statement may be altered at any time, at our discretion.
13. RISK DISCLAIMER
You (the user) should be aware of the risks involved in the foreign exchange market. The material contained on our website must be used at users own risk. Material is believed to be reliable, but we do not guarantee its accuracy or validity, nor is binaryboss.in responsible for any errors or omissions which may occur. The analysis and/or recommendations made by binaryboss.in do not provide, imply, or otherwise constitute a guarantee of performance. All contents and recommendations are based on data and sources believed to be reliable, but accuracy and completeness cannot be guaranteed. It should not be assumed that future results will be profitable or will equal past performance, real, indicated or implied. The binaryboss.in website and material contained therein is not a solicitation to participate in the FOREX market. There is a very high degree of risk involved in trading. binaryboss.in assumes no responsibilities for users trading and investment results. The indicators, strategies, articles and all other features are for educational purposes only and should not be construed as investment advice. User’s use of the information is entirely at your own risk and it is your sole responsibility to evaluate the accuracy, completeness and usefulness of the information. You must assess the risk of any trade with your broker and make your own independent decisions regarding any securities mentioned herein. User understands and agrees that binaryboss.in shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss or profits, goodwill, use, data or other intangible losses. binaryboss.in grants the user a license to use the binaryboss.in System for the user’s sole, personal and private trading use only. User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our services or access to our services. The user agrees that the user will not copy nor license, sell, transfer, make available or otherwise distribute the system to any entity or person. binaryboss.in shall use user’s best efforts to stop any such copying or distribution immediately after such use becomes known.
14. Limitation of Liability
User agrees that users use of the service is at your sole risk and acknowledge that the service and anything contained therein, including, but not limited to, content, services, goods or advertisements are provided “as is” and that binaryboss.in makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. The content of other Web sites, services, goods or advertisements that may be linked to the service is not maintained or controlled by binaryboss.in. binaryboss.in is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the service. binaryboss.in does not: (a) make any warranty, express or implied, concerning the use of the links provided on, or to, the service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the service or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the service.
15. Email Delivery
binaryboss.in can not guarantee the delivery of emails and/or SMS text messages to the user and therefore is not responsible for any undelivered email signals to the customers. Please check with your email provider and advise them that you will be receiving emails from binaryboss.in.
16. Cancellation of the Account
The user has the right to cancel his/her account at any time. The user understands that the request for cancellation of the account must be by writing a ticket (through contacting us section) with “Cancellation of account” in the subject line. Upon receiving of the cancellation request binaryboss.in will start the process of cancelling the account (at that time you won’t be receiving the Signals). The cancellation process takes about ten business days to process and binaryboss.in customer will be contacted several times to confirm the cancellation. The user understands that no other method of cancellation will be accepted. binaryboss.in may terminate this agreement with the user with a cause or material breach of this agreement and such termination shall become effective as of the day such termination is communicated to the user. No refund will be made by binaryboss.in to the user if the subscription is so terminated. binaryboss.in may refuse service to any user without the refund of the one-time setup fee.
17. Disclaimer and Disclosure
Hypothetical or simulated performance results have certain inherent 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. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. The information contained in this site has been compiled in good faith and is using it, the user agrees that the author and any other entities associated with this site shall not be liable for any direct, indirect, consequential loss arising from this usage, or the use of information and material on the Internet via web links from this site including, but not limited to errors, omissions, defects, interruptions, delays in operation, or transmission, computer viruses, or line failure, to the maximum extent permitted by law. Please note that trading is a risky business. You may lose your entire investment capital and more. Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. Also, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program Despite trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program which can not fully be accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.