VERIFYMYTRADE SERVICE AGREEMENT
LAST UPDATED: DECEMBER 2017
Thank you for choosing VerifyMyTrade! This Agreement applies when:
- An individual signs up for Dispute Resolution service (as defined below) with a personal email address; and
- An individual signs up for Dispute Resolution service (as defined below) with an email address that has been provided by an organization by virtue of the individual’s relationship with the organization; and
- An individual becomes a qualified administrator by proving ownership of the internet domain name registration (“DNS”) associated with the email address that you used to sign up for the service, as described in Section 2.
This is an agreement between you and AIResearch Ltd (“VerifyMyTrade” that describes your rights to use the VerifyMyTrade service. We refer to this service, together with any software that’s made available as part of the service, and websites that link to this Agreement as the “Service.” You may use the Service in accordance with these terms and conditions, for appropriate purposes in compliance with your organization’s policies. For your convenience, we have phrased some of the terms of this Agreement in a question and answer format. You should read the entire agreement because all of the terms are important and create a legal agreement (the “Agreement”) that, once accepted by you, applies to you.
To be eligible to sign up for the Service, you must have a valid and current email address that is provided by an organization using its internet domain (your “Organization”). If there is a question about whether or not an individual is eligible, VerifyMyTrade retains the right to determine eligibility in its sole discretion.
- THE SERVICE IS INTENDED FOR USE BY ORGANIZATIONS THAT SHARE THE SAME EMAIL DOMAIN. WHEN YOU USE AN EMAIL ADDRESS PROVIDED BY YOUR ORGANIZATION TO ACCESS THE SERVICE, YOUR ORGANIZATION, AS THE OWNER OF THE INTERNET DOMAIN ASSOCIATED WITH YOUR EMAIL ADDRESS, MAY: (I) CONTROL AND ADMINISTER THE SERVICE ACCOUNT AND (II) ACCESS AND PROCESS YOUR DATA, INCLUDING THE CONTENTS OF YOUR COMMUNICATIONS AND FILES.
You understand that you are responsible for conducting yourself in accordance with this Agreement and your Organization’s policies.
From time to time, you may be asked to confirm the validity of your Organization email account, and if your Organization email account is not confirmed as valid, your User Account will be removed and we may delete information or Customer Data associated with your User Account, or otherwise disassociate it from you. We are under no obligation to retain or return Customer Data to you after your account has been removed.
In this Section 2, “you” or “yours” refers to an Admin (as defined below). In all other Sections of this Agreement, unless expressly stated otherwise, “you” and “yours” refers to both Admins and individual users who are not Admins.
To be eligible to be an administrator of the Service (“Admin”), you must verify that (i) you are authorized to act on behalf of the Organization that owns the internet DNS associated with the email and (ii) you have administrative control over that internet DNS sufficient to manage the DNS records. If there is a question about whether or not you are eligible to be an Admin, VerifyMyTrade retains the right to determine eligibility in its sole discretion. The Admin controls use of that domain in connection with all VerifyMyTrade online services, not only the Service.
Admin Assumption of Control: If you qualify as an Admin, you will obtain control of all User Accounts associated with your Organization, including without limitation, domain management, and capability to terminate a user’s access to the Service and/or delete a user’s Customer Data.
You acknowledge that your users may have signed up for various VerifyMyTrade subscriptions, as individuals. Until your Organization replaces these individual subscriptions with subscriptions for your Organization, this Agreement will continue to govern (i) you as the Admin, and (ii) the users.
You acknowledge that VerifyMyTrade will continue to allow users from your Organization to sign up for the Service based on their email domain.
Scope of the Agreement, acceptance, and changes.
What is covered by this Agreement? Individual VerifyMyTrade subscriptions covered by this Agreement are: VerifyMyTrade (free), VerifyMyTrade (Trader) and VerifyMyTrade (Broker).
How do I accept this Agreement? By using or accessing the Service, or by agreeing to these terms where the option is made available to you in the user interface, you agree to abide by this Agreement without modification by you. If you do not agree, you may not use the Service.
Can VerifyMyTrade change this Agreement after I have accepted it? Yes. From time to time, VerifyMyTrade may change or amend these terms. If we do, we will notify you, either through the user interface, in an email message, or through other reasonable means. If you use the Service after the date the change becomes effective, you consent to the changed terms. If you do not agree to the changes, you must stop using the Service. Otherwise, the new terms will apply to you.
What types of changes to the Service can I expect? We continuously work to improve the Service and may change them at any time. We may release the Service or their features in a pre-release version, which may not work correctly or in the same way the final version may work. From time to time we may stop providing portions of the Service. We may do so for example if it's no longer feasible for us to provide a service, the technology advances, customer feedback indicates a change is needed, our agreements with third parties no longer permit us to make their material available, or external issues arise that make it imprudent or impractical to continue.
Termination and Cancellation
What happens if I do not abide by this Agreement, don’t meet the qualifications, or VerifyMyTrade suspects fraud? If you violate this Agreement, don’t meet the qualifications, or VerifyMyTrade suspects fraud, there are a range of actions we may take including removing your Data or Data Model from the Service, suspending or cancelling your access to the Service, and/or referring such activity to appropriate authorities. Data that is deleted may be irretrievable.
Are there other ways I could lose access to the Service? Yes. (1) VerifyMyTrade may stop offering the Service at any time for any reason, (2) VerifyMyTrade may terminate your access at any time for any reason, (3) VerifyMyTrade may stop providing portions of the Service, in accordance with Section 3.4 above, or (4) you become ineligible to receive the Service. Additionally, if your Admin has assumed control of your User Account, your Admin may modify or remove your access to the Service.
How can I terminate my subscription to the Service? You may terminate your subscription to the Service associated with your User Account at any time and for any reason, unless the owner of your Organization internet DNS has assumed control of your User Account. In such case, contact your Admin to terminate your subscription to the Service.
What happens if my subscription to the Service is cancelled or terminated? If the subscription to the Service is cancelled or terminated, your right to use the Service stops immediately and your license to use the software related to the Service ends. If your subscription to the Service is cancelled or terminated, we will delete information or Data or will otherwise disassociate it from you as set forth in Section 6.1.7 We are under no obligation to notify you or return Data to you.
What happens to any funds in my account if my subscription to the Service is cancelled or terminated? If the subscription to the Service is cancelled or terminated, any funds in the account will be forfeited and will not be repaid to you.
Software available through Service
What terms govern any software that is part of the Service? Any software provided by us to you as part of the Service is subject to the terms of this Agreement. Where you have entered into a separate license agreement with us the terms of this Agreement shall apply and where there is a conflict between the terms of the individual agreement and this Agreement then the terms of the individual agreement shall apply. The software is licensed, not sold, and VerifyMyTrade reserves all rights to the software not expressly granted by VerifyMyTrade, whether by implication, estoppel, or otherwise. The software is not licensed for commercial hosting. Any third party scripts or code, linked to or referenced from Service, are licensed to you by the third parties that own such code, not by VerifyMyTrade.
Are there things I can't do with the Service or software? Yes. In addition to the other restrictions in this Agreement, you may not circumvent or bypass any technological protection measures in or relating to the Service or software or disassemble, decompile, or reverse engineer any software that is included in or accessible through the Service, except and only to the extent that the applicable copyright law expressly permits doing so; separate components of the software or Service for use on different devices; publish, copy, rent, lease, or lend the software or the Service; or transfer the software, any software licenses, or any rights to access or use the Service. You may not use the Service in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, User Account, or network. You may not enable access to the Service by unauthorized third-party applications.
How is the software updated? We may automatically check your version of the software to verify that the software is properly licensed. Devices on which the software is installed may periodically provide information to enable VerifyMyTrade to verify that the software is properly licensed. This information includes the software version, your User Account, product ID information, a machine ID, and the internet protocol address of the device. If the software is not properly licensed, its functionality will be affected. You may only obtain updates or upgrades for the software from VerifyMyTrade or authorized sources. By using the software, you consent to the transmission of the information described in this section. We may also automatically download updates to the software from time to time without any notice to you. You agree to accept such updates subject to these terms unless other terms accompany the updates. If so, those other terms apply. You may stop receiving updates on your device by turning off Internet access. If and when you re-connect to the Internet, the software will resume checking for and installing updates. VerifyMyTrade isn't obligated to make any updates available and doesn't guarantee that we will support the version of the system for which you licensed the software.
Privacy and Security Terms
- Customer Data
What is Customer Data and who is responsible for my Customer Data that I provide though use of the Service? “Customer Data” means all data, including all text, CSV or MT4 data files, image files, and software, that are provided to VerifyMyTrade by, or on behalf, of you through use of the Service. You are solely responsible for the content of all Customer Data. You will secure and maintain all rights in Customer Data necessary for us to provide the Service to you without violating the rights of any third party or otherwise obligating VerifyMyTrade to you or to any third party. VerifyMyTrade does not and will not assume any obligations with respect to Customer Data. The Service may enable you to communicate with others and share or store various types of files and documents. Except for material that we license to you that may be incorporated into your Customer Data (such as images), we do not claim ownership of any of your Customer Data. Until such time as an Admin (acting on your Organization’s behalf) has assumed control of your User Account, you are responsible for your Customer Data. Subject to your Organization’s terms and policies, you may delete your own Customer Data from the Service, so long as you are still a user of the Service. If an Admin has assumed control of your User Account, please contact your Admin to understand your rights to your Customer Data.
Can others in my network see Customer Data? When you use any social features of the Service, other users in your network may see some of your activity.
Who can access my Customer Data? You have initial control over who may access your Customer Data. However, if you share Customer Data in public areas of the Service, through features that permit public sharing of Customer Data, or in shared areas available to others, you agree that anyone with whom you have shared Customer Data may use, save, reproduce, distribute, display, and transmit that Customer Data freely. If you do not want others to have that ability, do not use the Service to share your Customer Data. You represent and warrant that for the duration of this Agreement that you have (and will have) all the rights necessary to the Customer Data you upload or share on the Service and that the use of the Customer Data, as contemplated in this Section 6.1.2, won't violate any law or your Organization’s terms and policies. If an Admin has assumed control of your User Account, the Admin controls your Customer Data and access to the Organization pursuant to Section 2.
What does VerifyMyTrade do with my Customer Data? Your Customer Data will be used only to provide you the Service, including purposes compatible with providing the Service. VerifyMyTrade will not use Customer Data or derive information from it for any advertising or similar commercial purposes. VerifyMyTrade uses and protects your Customer Data as outlined in the VerifyMyTrade Privacy Statement (the “Privacy Statement”).
Will VerifyMyTrade disclose my Customer Data to third parties? VerifyMyTrade will not disclose Customer Data outside of VerifyMyTrade or its controlled subsidiaries and affiliates except (1) as you direct, (2) with permission of a user, (3) as described in this agreement, or (4) as required by law. If an Admin has assumed control of your User Account, the Admin is authoritative for purposes of managing your Organization’s responses to third party requests, and your Admin may access and disclose to a third party any of your Customer Data in his/her discretion. VerifyMyTrade will attempt to redirect third party requests to the Admin where one exists.
VerifyMyTrade will not disclose Customer Data to law enforcement unless required by law. Should law enforcement contact VerifyMyTrade with a demand for Customer Data, VerifyMyTrade will attempt to redirect the law enforcement agency to request that data directly from you. If compelled to disclose Customer Data to law enforcement, then VerifyMyTrade will promptly notify you and provide a copy of the demand unless legally prohibited from doing so.
Upon receipt of any other third-party request for Customer Data (such as requests from your Organization or a Regulator of your Organisation), VerifyMyTrade will promptly notify you unless prohibited by law. If VerifyMyTrade is not required by law to disclose the Customer Data, VerifyMyTrade will reject the request. If the request is valid and VerifyMyTrade could be compelled to disclose the requested information, VerifyMyTrade will attempt to redirect the third party to request the Customer Data from you.
Except as you direct, VerifyMyTrade will not provide any third party: (1) direct, indirect, blanket or unfettered access to Customer Data; (2) the platform encryption keys used to secure Customer Data or the ability to break such encryption; or (3) any kind of access to Customer Data if VerifyMyTrade is aware that such data is used for purposes other than those stated in the request. In support of the above, VerifyMyTrade may provide your basic contact information to the third party.
VerifyMyTrade may hire subcontractors to provide services on its behalf. Any such subcontractors will be permitted to obtain Customer Data only to deliver the services VerifyMyTrade has retained them to provide and will be prohibited from using Customer Data for any other purpose. VerifyMyTrade remains responsible for its subcontractors’ compliance with VerifyMyTrade’s obligations herein. Customer has previously consented to VerifyMyTrade’s transfer of Customer Data to subcontractors as described herein.
What type of Customer Data or actions are not permitted? In order to protect our customers and the Service, we have established this Code of Conduct governing the use of the Service. Actions that violate this Agreement are not permitted.
Do not use the Service to do anything illegal.
Do not send spam or use your Account to help others send spam. Spam is unsolicited bulk email, postings or instant messages.
Do not engage in activity that is false or misleading (e.g. attempts to ask for money under false pretences, impersonating someone else).
Do not engage in activity that is harmful to the Service or others (e.g. viruses, stalking, hate speech, advocating violence against others).
Do not infringe upon the rights of others (e.g. unauthorized sharing of copyrighted music, resale or other distribution of images and other Customer Data).
Do not engage in activity that violates the privacy or other rights of others.
In many cases VerifyMyTrade is alerted to violations of the Code of Conduct through customer complaints, but we may also deploy automated technologies to detect abusive behavior that might harm the system, our customers or others. When investigating these matters, VerifyMyTrade or its agents may review Customer Data in order to resolve the issue. This is in addition to the uses we describe elsewhere in this Agreement and the Privacy Statement.
Can VerifyMyTrade remove my Customer Data from the Service? Yes. VerifyMyTrade may remove, limit distribution of, or disable access to your Customer Data if we determine it's in violation of this Agreement, we receive a complaint from another user, we receive a notice of intellectual property infringement, or other legal instruction for removal. We may also block delivery of a communication (like email or instant message, if offered) to or from the Service as part of our effort to protect the Service or our customers, or otherwise enforce the terms of this Agreement.
How long will VerifyMyTrade Retain my Customer Data? Except for free trials, VerifyMyTrade will retain Customer Data stored in the Service in a limited function account for 90 days after we receive your request for the termination of your Service so that you may extract the Customer Data. After the 90-day retention period ends, VerifyMyTrade will disable your account. Please email firstname.lastname@example.org to terminate the service and delete Customer Data. The Service may not support retention or extraction of software provided by you. VerifyMyTrade has no liability for the deletion of Customer Data as described in this section.
- Your privacy is important to us. We describe how we use and protect your Customer Data and any information we collect from you in the Privacy Statement, which is important so please read it carefully. This Agreement incorporates the Privacy Statement by reference. By using the Service or agreeing to these terms, you consent to VerifyMyTrade’s collection, use and disclosure of your Customer Data and information as described in the Privacy Statement.
- VerifyMyTrade is committed to helping protect the security of users’ information. VerifyMyTrade has implemented and will maintain and follow appropriate technical and organizational measures intended to protect Customer Data against accidental, unauthorized or unlawful access, disclosure, alteration, loss, or destruction.
- Location of Data Processing
- Customer Data that VerifyMyTrade processes on your behalf may be transferred to, and stored and processed in Amazon Web Services Ireland or any other country in which VerifyMyTrade or its affiliates or subcontractors maintain facilities. You appoint VerifyMyTrade to perform any such transfer of Customer Data to any such country and to store and process Customer Data in order to provide the Service.
- Preview Releases
- VerifyMyTrade may offer preview, beta or other pre-release features and services ("Previews"). Previews may employ lesser or different privacy and security measures than those typically present in the Service.
- How to Contact VerifyMyTrade
- If you believe that VerifyMyTrade is not adhering to its privacy or security commitments, you may contact customer support or use VerifyMyTrade’s Privacy web form, or VerifyMyTrade’s mailing address:
- VerifyMyTrade Enterprise Service Privacy
- AIResearch Limited
- 5 Andrea Patsalides Street,
- Office 303, Engomi 2408
- Nicosia, CYPRUS
- Services disruptions and backup
- We strive to keep the Service up and running; however, all online services suffer occasional disruptions and outages, and VerifyMyTrade isn't liable for any disruption or loss you may suffer as a result. You should regularly backup the Customer Data that you store on the Service. Having a regular backup plan and following it can help you prevent loss of your Customer Data.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration according to the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the ICC Rules. We,” “our,” and “us” includes VerifyMyTrade and VerifyMyTrade’s affiliates.
Disputes Covered—Everything Except IP. The term “dispute” is as broad is it can be. It includes any claim or controversy between you and us concerning the Service, the software related to the Service, the Service’ or software’s price, your VerifyMyTrade account, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by to
- The Directors
- AIResearch Limited
- 5 Andrea Patsalides Street,
- Office 303, Engomi 2408
- Nicosia, CYPRUS
- Tell us your name, address, how to contact you, what the problem is, and what you want. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
Arbitration Fees and Payments. The ICC rules will govern payment of filing fees and the ICC’s and arbitrator’s fees and expenses.
Must File Within One Year. You and we must file any claim or dispute (except intellectual property disputes—see section 7.1 within one year from when it first could be filed. Otherwise, it's permanently barred.
Rejecting Future Arbitration Changes. You may reject any change we make to section 7 (except address changes) by sending us notice within 30 days of the change by Mail to the address in section 7.2 If you do, the most recent version of section 7 before the change you rejected will apply.
Severability. If any provision of this agreement is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of section 7is found to be illegal or unenforceable, that provision will be severed but the rest of section 7 still applies.
VERIFYMYTRADE, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICE ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” VERIFYMYTRADE DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CUSTOMER DATA LOSS WON'T OCCUR.
Limitation of Liability
If VerifyMyTrade breaches this Agreement, you agree that your exclusive remedy is to recover, from VerifyMyTrade or any affiliates, resellers, distributors, and vendors, direct damages up to USD$10.00. YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this Agreement such as loss of Customer Data; any virus affecting your use of the Service; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, omission, trespass, or other tort; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn't allow the exclusion or limitation of incidental, consequential, or other damages.
VerifyMyTrade contracting entity, court of venue, and applicable law
You are contracting with
- AIResearch Limited
- 5 Andrea Patsalides Street,
- Office 303, Engomi 2408
- Nicosia, CYPRUS
And this agreement is governed by the laws of England and Wales and the courts of England. The laws of the country to which we direct the Service govern all claims relating to paid portions of the Service, including consumer protection claims.
This section and Sections 6.2, 7 through 10, 13 and 14, and those that by their terms apply after it ends, will survive any termination or cancellation of this Agreement.
Assignment and transfer
We may assign this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement or transfer any rights to use the Service.
You consent to VerifyMyTrade providing you notifications about the Service or information the law requires us to provide via email to the address that you specified when you signed up for the Service. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must stop using the Service. You may notify VerifyMyTrade as stated in customer support for the Service.
This is the entire Agreement between you and VerifyMyTrade for your use of the Service. It supersedes any prior agreements between you and VerifyMyTrade regarding your use of the Service. All parts of this Agreement apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of this Agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Agreement won't change. Section 7 says what happens if parts of section 7 (arbitration and class action waiver) are found to be illegal or unenforceable. Section 7 prevails over this section if inconsistent with it.
No third-party beneficiaries
This Agreement is solely for your and our benefit. It isn't for the benefit of any other person, except for VerifyMyTrade’s successors and assigns.
For support, please send an email to email@example.com
Notices for Intellectual Property Claims
Notices and procedure for making claims of intellectual property infringement. VerifyMyTrade respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please Email your notice about infringement of your copyright or trademark on a VerifyMyTrade service to firstname.lastname@example.org.
VerifyMyTrade may provide your notice to third parties (including the alleged infringer).
ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.