This End-User License Agreement ("EULA") establishes an agreement between you and ChartMaster (referred to herein as the "Owner") regarding the ChartMaster application for Mobile Phones and Web Browsers (referred to herein as the "Software Product" or "Software"). By installing or using the Software, you consent to abide by the terms of this license agreement.
Your utilization of the Software (as outlined below) is governed by the terms and conditions outlined in this EULA. If you do not agree to the terms of this EULA, refrain from installing or using the Software.
1. LICENSE. The Software is provided under a licensing agreement, not sold. The Owner provides you with a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal, non-commercial use on a single device. These rights are contingent upon your adherence to this EULA. You acknowledge that the Software is being licensed to you, and no title or ownership in the Software is transferred or assigned to you. This EULA should not be interpreted as a sale of any rights in the Software.
2. RESTRICTIONS OF USE. Unless explicitly authorized by the Owner, you are prohibited from distributing the Software, making copies of it, or transferring it from one device to another. Decompiling, reverse engineering, disassembling, integrating into other software, translating, or utilizing the Software for commercial purposes are strictly forbidden. Modifying, altering, changing, or creating derivative works based on the Software is also prohibited. Renting, leasing, reselling, sublicensing, assigning, distributing, or transferring the Software or this license in any manner is strictly prohibited. Any attempt to do so will be null and void.
3. COPYRIGHT. You recognize that no ownership of the intellectual property in the Software is transferred to you. Additionally, you acknowledge that title and complete ownership rights to the Software will continue to belong exclusively to ChartMaster, and you will not gain any rights to the Software. You are prohibited from removing or obscuring the Owner's copyright, trademark, or other proprietary notices from any materials included in this package or downloaded alongside the Software.
4. DISCLAIMER OF WARRANTY. The Software is offered "AS IS," without any warranty of any kind. We explicitly disclaim and make no express or implied warranties, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights. You bear the entire risk regarding the quality and performance of the Software. We do not guarantee that the functions within the Software will fulfill your needs or that the operation of the Software will be free from errors.
You acknowledge and agree that any trading proficiency or skills gained through its use may not necessarily translate to success or profitability in real market trading. The app is designed for educational and informational purposes only, and actual market conditions may vary significantly. Therefore, you expressly waive and release any and all claims, demands, or legal actions against the app developers, owners, and affiliates arising from any discrepancies between trading results within the app and real market outcomes. You understand and accept that the use of this app is at your own risk, and no guarantees or warranties are made regarding its effectiveness in real trading scenarios.
5. LIMITATION OF LIABILITY. Under no circumstances shall the Owner be held liable for special, incidental, or consequential damages resulting from possession, access, use, or malfunction of the Software, including but not limited to property damage, loss of goodwill, computer or mobile device malfunction, and, as far as legally permissible, damages for personal injuries, property damage, lost profits, or punitive damages arising from any causes of action related to this EULA or the Software, whether in tort (including negligence), contract, strict liability, or otherwise, regardless of whether the Owner has been informed of the possibility of such damages.
Given that certain states/countries may not permit certain limitations of liability, this limitation of liability shall be enforced to the fullest extent allowed by law in the applicable jurisdiction. However, this limitation of liability shall not be applied if any specific provision of it is prohibited by any federal, state, or municipal law that cannot be preempted. This EULA grants you specific legal rights, and you may have additional rights that differ depending on the jurisdiction. Nonetheless, under no circumstances shall the Owner's liability for all damages (except as mandated by applicable law) surpass the actual price you paid for the use of the Software.
6. PRIVACY AND ADVERTISING. Our Privacy Policy can be located on our website or within our application. It is recommended that you thoroughly read them.
7. INDEMNITY. You commit to indemnify, protect, and absolve the Owner from any and all damages, losses, and expenses stemming directly or indirectly from: (i) your actions and failures to act while utilizing the Software in accordance with the terms of the EULA; or (ii) your violation of this EULA.
8. UPDATES AND MODIFICATIONS. The Owner might occasionally introduce updates or alterations to the Software, potentially introducing, adjusting, or eliminating features or functionalities. Your utilization of the Software could be contingent upon these updates or modifications, and you consent to accept and install them as deemed necessary by the Owner.
9. SUBSCRIPTIONS. ChartMaster users can access the Software through the following means:
Free Version: This program provides limited access indefinitely. This is the sole version accessible for the Web version of the App.
Paid Subscription "AD-FREE": A fee-based subscription program that eliminates all advertisements in the App.
Paid Subscription "PREMIUM": A fee-based subscription program that grants access to additional content. Detailed description of Premium Features
You will have access to the Subscription Program only while your subscription remains active and valid. You can subscribe to the Subscription Program by purchasing a subscription to the Products within the App, where permitted by the Application Marketplace Partners.
ChartMaster offers both Quarterly and annual subscription options. For the quarterly and annual subscriptions:
A Quarterly is defined as 90 calendar days, and a year is defined as 365 calendar days.
Quarterly Subscription: This subscription is paid in quarterly installments. The quarterly renewal subscription fees will be automatically billed to the Payment Method you provided until canceled.
Yearly Subscription: This subscription requires an upfront one-off payment with automatic annual renewals.
10. REFUNDS. Please be aware that if you acquire a subscription via the Apple iTunes Store or our iPhone application, the transaction is considered final, and refunds will not be issued. Your purchase will be governed by Apple's relevant payment policy, which may also not allow for refunds. Similarly, if you purchase a subscription through the Google Play store, the sale is final, and refunds will not be granted. Your purchase will be subject to Google's applicable payment policy, which also may not permit refunds.
10. CANCELLATION. If you subscribed to our Services by purchasing and installing an App through a third-party mobile platform owner, you have the option to cancel your subscription at any time by following the instructions provided by the Apple App Store or Google Play Store, or through the subscription settings in your iTunes or Android account.
Any cancellations will become effective at the conclusion of the ongoing billing period.
11. DOCUMENT CHANGES. We retain the exclusive right to amend or substitute these Terms at our discretion, without prior notice. Any alterations to our privacy policy in the future will be published on this page. It is advisable to periodically review this page and make note of any updates.