TERMS OF USE

Version 1.1, Modified 26 July 2022

1. Acceptance of Our Terms of Use

These Terms and conditions (collectively, these "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (hereinafter, “you” or “Customer”) and Octa Markets Incorporated (“Company”, “we,” “us” or “our”), concerning your access to and use of: (i) our mobile and desktop application OctaFX Trading Lessons (the “App”), (ii) content, information, training courses, video lessons, thematic quizzes and service offered on, through, or in connection with the Apps ( the “Materials“). By using the App, you agree to accept and comply to Terms and to any modifications of Terms whether you are a visitor of the App or a registered member. If you wish to become a registered member you must read Terms and agree to it prior to confirming your registration. If you do not agree with all these Terms, then you are expressly prohibited from using the App and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted in the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to the Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the App after the date such revised Terms are posted.

2. Accessing the App

These Terms will remain in full force and effect so long as you continue to access or use the App, or until terminated in accordance with the provisions of these Terms. You understand and agree that we reserve the right to withdraw or amend the App, and withdraw or amend our support for the App, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App are unavailable at any time or for any period. From time to time, we may restrict access to users, including registered users, to some parts, or all, of the App for maintenance, repair or other circumstances as we deem reasonably necessary, without notice. You agree that you are not entitled to any refund on fees paid during any such period of suspension.

3. Eligibility and Registration

To get full access to the functions of the App, you shall be asked to create an account (your “Account”) through email service Gmail and to provide certain registration details or other information, including your name, phone number and address. All the information you provide on your Account must be correct, current and complete. You agree that our collection, use and disclosure of all information (including, for example, any personal information) you provide to register with the App including but not limited to through the use of any interactive features on the App, is governed by our Privacy Policy specified in Section 12 and you expressly consent to all actions we take with respect to your information, including without limitation any personal information, consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security
procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the App. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your Account from a public or shared computer/ so that others are not able to view or record your password or other personal information.
You understand and agree that we have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms, to prevent a breach of Terms of use or to protect the services, data of others, or for similar purposes. The Company will use reasonable efforts to notify you prior to any such suspension or disablement, unless the Company reasonably believes that: (i) it is prohibited from doing so under applicable law or under legal process, such as court or government administrative agency processes, orders, mandates, and the like; or (ii) it is necessary to delay notice in order to prevent imminent harm to the App or a third party. Under circumstances where notice is delayed, we will provide the notice if and when the related restrictions in the previous sentence no longer apply.
Registration for the App is void where prohibited. Upon registering you agree to:

Be at least 18 years of age or older to use the service. By using our App, you represent and warrant that you are at least 18years of age or older. If you are not at least 18 years of age or older, you must not access or use our App.
Provide accurate, current and complete information about yourself during registration process
Maintain the security of your password and identification
Maintain and promptly update the registration information, and any other information you provide to the App, to keep itaccurate, current and complete;
Be fully responsible for all use of your Account and for any actions that take place using your Account
Use the service without violating any applicable law or regulation
Represent and warrant that you are fully able and competent to enter into, and abide by this agreement

4. Software License

Subject to your compliance with these Terms, we hereby grant to you, a limited, personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license for the sole purpose of education to use the App on a device that utilizes the Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable Google Play’s terms of service during the term of these Terms to:

access and use the App;
download and install one copy of the App on your personal mobile device;
use the software (solely in object code form) embedded in the connected devices, in each case solely in connection with your use of the connected devices in the manner permitted by these Terms and subject to the use limitations specified in Section 5. For clarity, this license does not grant you any right to resell our Materials, or otherwise make the Materials available for third parties.

5. Service Limitations

The services of the App, the Materials are for your personal and non-commercial use. As a condition of your use of the App, you will not use the App and the Materials for any purpose that is unlawful or prohibited by the App. You may not use the App to:

Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening,harassing, defamatory, which discloses private or personal matters concerning any person, or in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the App, or which may expose the Company or its users to any harm or liability of any type;
Post or transmit any material that you don't have legal rights to transmit (such as copyrighted materials) or under contractual or fiduciary relationships (such as nondisclosure agreements);
Post, transmit, or link to sexually explicit material
Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity
Impersonate another member or person
Use the Account, username, or password of another member at any time or provide your password to any third party or permittingany third party to access your Account
Sell or otherwise transfer your profile
Use any information obtained from the App in order to harass, abuse, or harm another person
Post or transmit any advertising, promotional materials, or other forms of solicitation, whether personal or commercial,including chain letters, pyramid schemes, and links or URLs to third party websites deemed as commercial;
Violate any applicable law or regulation while accessing and using the App;
Post or transmit any file that contains viruses, corrupted files or any other contaminating or harmful files that may damage or corrupt someone else's devise;
Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our App;
Use any automated means, including without limitation, agents, robots, scripts, or spiders, to post content to any part of the App;
Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any the Company server or to the website https://www.octafx.com, through hacking, password mining or any other means not intentionally made available through the App;
Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of the App;
and Take any action that damages or disrupts the functioning of the App.
We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email address, usage history, posted materials, IP addresses and traffic information.

6. App Usage

You are responsible for providing the mobile device, wireless service plan, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in any particular geographic location. As part of your use of the App, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the App settings or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of Push Messages from us.

7. Intellectual Property Rights

Unless otherwise noted, all Materials, including the text, information, data, graphics, photographs, images, illustrations, animations, software, audio, video, and all other content in the App (collectively, the “Content”) is subject to the copyright and other intellectual property rights of the Company. All Content in the App is the sole property of the Company. The Company reserves all rights not expressly granted in and to the App and the Content. You agree not to engage in any use of the Content other than as expressly permitted by Company. The educational courses and other Company Content may not be copied, distributed, modified, or reproduced in any medium or for any purpose without express written permission from the Company. You agree not to circumvent, disable, or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any Content or enforce limitations on use of the App or any of the Content therein.
Trademarks, trade names, graphics, logos, domain names, designs, page headers, button icons, service names, and any other features of the Company brand (collectively, the “Marks”) are the sole property of the Company. Terms do not grant you any license or right to use the Marks for any purpose, whether for commercial or non-commercial use.
Any use of the Marks without written permission from Company will result in legal action being taken against you.

8. Breach of Agreement

Without limiting any other remedies, the Company may, without notice, and without refunding any fees, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s Account, prohibit access to the App, and take technical and legal steps to keep a user off the App and refuse to provide services to a user if the Company suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached these Terms or other policy documents or guidelines listed on the App; Company is unable to verify or authenticate any of your personal information or Content; or Company believes that a user is acting inconsistently with the letter or spirit of Company’s policies, has engaged in improper or fraudulent activity in connection with Company or the actions may cause legal liability or financial loss to Company’s users or to Company.

9. Disclaimer of Warranties

The Company will not be held liable for any loss or damage resulting from reliance on the information contained within the App. The data contained in the App is not necessarily real-time nor accurate, and analyses are the opinions of the authors and do not represent the recommendations of the Company or its employees. Before deciding to trade Forex or any other financial instrument you should carefully consider your investment objectives, level of experience, and risk appetite.
The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. You understand and agree that you download or otherwise obtain content, the Materials or data from or through the App at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your device or computer system, loss of data or other harm of any kind that may result. Under no circumstances shall the Company be responsible for any loss or damage, including personal injury or death, resulting from use of the App, from any Content posted on or through the service, or from the conduct of any users, whether online or offline.
In no the event the Company or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost data arising from your use of the App or the Materials on, accessed through or downloaded from the App, even if the Company is aware of has been advised of the possibility of such damages. You expressly agree that you will assume the entire risk as to the quality and the performance of our services and the accuracy of completeness of our content.

10. Limitation on Liability

In no event will the Company, its licensors, service providers, employees, agents, officers or directors be liable to you or any third party, under any legal theory for any indirect, special, incidental, consequential or punitive damages arising out of or in connection with your use, or inability to use, our services, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. You are solely responsible for protecting and backing up any data used in connection with, or generated through your use of our services.
You agree that the total liability of the Company, its licensors, service providers, employees, agents, officers or directors to you, and your exclusive remedy, in law, equity, or otherwise, for any services and/or breach of these terms of use is limited to and shall not exceed 100 (one hundred) USD. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion or limitation may not apply to you.

11. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (a) any data you provide to us, (b) your violation of these Terms or (c) your use of our services other than as expressly authorized in these Terms.

12. Privacy Policy

We will never share your personal information including email, name or phone number with a third party. Your contact details will only be used by us to send email newsletters, general email correspondence, various promotions and notifications. You may unsubscribe at any time or ask for removal from our database at any time by contacting us by email tradinglessons@octafx.com.

13. Governing Law

All matters relating to our services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the English law, without giving effect to any choice or conflict of law provision or rule.

14. Jurisdiction

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms brought by either you or us, the parties agree to first attempt to negotiate any informally for at least 15 (fifteen) calendar days before initiating court proceedings. Such informal negotiations commence upon written notice from one party to the other party.
If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by the local courts of St. Vincent and the Grenadines.
You further agree that any dispute or disagreement relating to or arising out of these Terms or the services shall be resolved on an individual basis. As such you acknowledge and agree that you may not bring a claim that relates or arises out of these Terms or the services as a plaintiff or a class member in a class action, a consolidated action, or a representative action. Class actions, representative actions, private attorney general actions, and consolidation with other actions are not permitted.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or any of our services must be filed within 6 (six) months after such claim or cause of action accrued or such claim shall be forever barred.

15. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16. User data

We will maintain certain data that you transmit to the App for the purpose of managing the App, as well as data relating to your use of the App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

17. Electronic communications, transactions, and signatures

Using the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the App. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

18. Notices

We may send notices to the email address provided to us by you. It is your responsibility to ensure that you notify us of any change to your email address. Any notice sent by us to your email address shall be deemed to have been delivered at the time of sending.

19. Term and termination

These Terms shall remain in full force and effect while you use the App. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

20. Force Majeure

The Company is not responsible for, any cessation, interruption or delay in the performance of the services or its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; epidemics; pandemics; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over the Company, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the Company.

21. Miscellaneous

These Terms and any policies or operating rules posted by us in the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the App. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

22. Contact us:

In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at:

Octa Markets Incorporated
By Email: tradinglessons@octafx.com
By Mail: Suite 305, Griffith Corporate Centre, (Box 1510), Kingstown St. Vincent and
the Grenadines
Attention: Legal Department
Thank you for using our App.