THIS LICENSE AGREEMENT (“Agreement”) is made by and between Faithful Family Investments LLC, a limited liability company with an address at 1903 E Grandeur Dr, Cottonwood Heights, UT 84121 (hereafter referred to as “FFI”), and the party signing at the end of this document as Customer; both individually referred to as a “Party”, and collectively referred herein as “Parties”.
NOW, THEREFORE, In consideration of the mutual agreements contained in this document, the Parties, intending to be legally bound, agree as follows:
CLAUSES
1.1. This Agreement is a legal contract and specifies the license terms and the limited warranty between the Customer and FFI. By paying the Fee, as set forth in Section 2 below, the Customer acknowledges reading and understanding and agrees and accepts the terms of this Agreement.
1.2 Subject to the terms and conditions set forth in this Agreement, FFI hereby grants the Customer a single individual, non-exclusive, non-transferable, and limited license to install and use the fully automated trading strategy software (the “Trading Strategy”).
1.3. This license is not a sale of the original or any copy of the Trading Strategy. The Customer owns the media on which the Trading Strategy is installed, but not the Trading Strategy itself, or any copy of it. This license is for one key to use the Trading Strategy, subject to payment of the Fee set forth in Section 2 below.
1.4. This license will be non-transferable to another party or entity at any time.
2.1. As consideration for the License of Use granted hereunder, Customer agrees to pay FFI a fee, in accordance with the following options ("Fee"):
a) One-Time Fee: USD [$4,999] (minus any applicable discounts) plus sales tax 7.25%, if applicable.
2.2. The Fee set forth in Clause 2.1 above shall be due and payable to FFI, as follows:
a) One-Time Fee: This Fee will be payable by the Customer on the date of signing this document.
2.3. Customer expressly agrees that the Fees set out in Clause 2.1 above will be non-refundable. Such Fees will include applicable taxes, as required by law.
3.1. The Customer may only install and use one (1) copy of the Trading Strategy on one (1) device. For purposes of this Agreement, "device" means any smartphone, tablet, laptop, desktop, and any other similar digital or electronic equipment.
3.2. The Customer may not make copies of the Trading Strategy at any time.
3.3. The Customer may only use the Trading Strategy in accordance with this Agreement.
3.4. The Customer must not use the Trading Strategy for any harmful, illegal, prohibited, and/or nefarious purpose.
3.5. The Customer represents to be an individual trader and uses the Trading Strategy only to trade its personal accounts. For the purposes hereof, "personal account" means an account in the Customer's name, or in a trust under the Customer's name. The Customer agrees not to manage money or trade-in another's name, become a competitor of FFI, directly or indirectly, or offer trading-related products or advice.
3.6. The Customer acknowledges it may not broadcast signals, use the Trading Strategy for commercial purposes, rent or share the Trading Strategy; FFI trade secrets, manuals, training videos, or assign, sub-license, transfer, pledge or lease the Trading Strategy or the Intellectual Property belonging to FFI (as described in Section 6 below) to third parties, unless agreed upon with the specific written consent of FFI.
3.7. The Customer agrees and acknowledges that the Trading Strategy, and all the Intellectual Property belonging to FFI, including all modifications and derivatives thereof, is and shall remain the property of FFI.
3.8. Except for the rights granted in this Agreement, the Customer acknowledges and agrees that all other rights and title in and to the Trading Strategy and related documentation and material is and shall remain the sole and exclusive property of FFI. The Customer will not assert any title or interest in or to the Trading Strategy or related documentation and materials.
3.9. The Customer may not, whether acting in its own name or on behalf of a third party name:
a) Reverse engineer the Trading Strategy and/or its source code by decompiling, disassembling or translating the Trading Strategy code, or otherwise displaying the Trading Strategy in human-readable form;
b) Change, modify or otherwise alter the Trading Strategy, including any source code;
c) Sell, license, rent, lend, distribute, or otherwise transfer the Trading Strategy to anyone else;
d) Copy, reproduce, distribute or publicly display the Trading Strategy, or create derivative products and/or services of the Trading Strategy;
e) Remove any proprietary FFI notices pertaining to the Trading Strategy;
f) Install, and/or use the Trading Strategy on any other unauthorized device at any time: and/or
g) Use the Trading Strategy to provide or build a product or service that competes with the Trading Strategy and/or any FFI’s product and/or service.
3.10. The Customer must not allow third parties to use any authorization or activation code, license number, username/password, its combination, or other activation code or number supplied by FFI in connection with the Trading Strategy.
3.11. The Customer agrees once FFI delivers Trading Strategy and license key/s that all transactions are final.
3.12 The Customer agrees and acknowledges that failure, delay, and/or default in the payment of the Fee established in Section 2 above and/or refusal of the means of payment used to pay such Fee will result in immediate termination of license key and termination of this Agreement. Customer agrees once Trading Strategy is delivered he/she is obligated to the terms and conditions agreed within this Agreement.
3.13. The Customer agrees and acknowledges that by purchasing the Trading Strategy and entering into this Agreement, it represents that it is of legal age and has full legal capacity to use the Trading Strategy in its jurisdiction.
3.14. The Customer accepts and acknowledges that it may not use the Trading Strategy in violation of any applicable laws, regulations, or regulations.
4.1. FFI provides the Customer with a refund guarantee in accordance with the terms and conditions set forth in this Section 4 ("Money-Back Guarantee" and/or “Guarantee”).
4.2. FFI agrees to refund the Fee in full to the Customer if the Customer does not make money and earn profits using the Trading Strategy during the first twelve (12) months from the date of purchase of the Trading Strategy, subject to the provisions of this Section 4 (“Guarantee Period”).
4.3. The Customer accepts and acknowledges that this Money Back Guarantee is only valid during the Guarantee Period.
4.4. The Customer agrees that in order for the Money Back Guarantee to be valid, the Customer must meet the following requirements during the Guarantee Period:
a) The Customer must use the Trading Strategy on a daily basis and with at least one of the configurations recommended by FFI; and
b) The Customer must have maintained the investment in full and without withdrawals.
4.5. The Customer agrees that for the purposes of the validity of the Money Back Guarantee, the investment in the Customer's account will be verified by continuous brokerage statements to confirm that the funds have not been withdrawn by the Customer during the Guarantee Period.
4.6. The Customer agrees and acknowledges that if the Customer fails to run and use the Trading Strategy during the Guarantee Period the Money Back Guarantee will be void.
4.7. The Customer accepts and acknowledges that the Trading Strategy may not be profitable every month, and therefore the Customer must maintain the investment without withdrawing funds during the Guarantee Period in order to be covered by the Guarantee set forth herein.
4.8. The Customer agrees that the Money Back Guarantee is limited to the refund of the Fee set forth in Section 2 above and does not include the refund of any trading losses and/or any other losses, expenses and/or costs incurred by the Customer, including but not limited to:
a) Costs of running the Trading Strategy;
b) Equipment costs (e.g. new computers or any other devices);
c) Virtual Private Server (VPS) service costs;
d) Trading platform costs or any related interest paid by the Customer; and/or
e) Any other costs and/or expenses similar to or related to the foregoing.
4.9. The Customer agrees and acknowledges that the Customer should not risk more money as an investment than the Customer can spend based on the Customer's regular income and that any potential loss or damage arising from investments made through the Trading Strategy is not covered by the Guarantee set forth herein.
4.10. The Customer agrees and acknowledges that the Money Back Guarantee does not apply in the event of Internet service failures, so the Customer must have a reliable Virtual Private Server (VPS) or at least a desktop computer with multiple Internet backups and a battery backup system to execute the Trading Strategy.
4.11. The Customer agrees and acknowledges that the Money Back Guarantee does not apply in the event of VPS failure.
4.12. The Customer agrees and acknowledges that the Money Back Guarantee does not apply in the event of a brokerage error.
4.13. To exercise the Guarantee set forth in this Section 4, the Customer must, within 5 business days after the expiration of the Guarantee Period ("Claim Period"), do the following:
a) Request a refund from FFI in writing;
b) Prove that it has met all of the requirements set forth in this Section; and
c) Uninstall the Trading Strategy from any computer or device on which Customer has installed the Trading Strategy and delete or destroy it on any storage media containing the Trading Strategy, all of which Customer must certify in writing to FFI.
4.14. The Customer agrees that upon receipt of payment of the Guarantee in accordance with this Section 4, this Agreement shall terminate and the provisions of Section 5 below shall apply.
4.15. The Customer agrees that in the event of failure to comply with the above conditions, the Money Back Guarantee shall be null and void.
4.16. The Customer expressly states that it has carefully read, understands and agrees to all of the provisions of this Section 4.
5.1. This Agreement and the license of use granted herein are effective from the date of execution of this document, and until this Agreement is terminated, which shall also result in the immediate termination of such license of use.
5.2. FFI may immediately terminate this Agreement and license of use if the Customer fails to comply with any of the terms of this Agreement.
5.3. The Customer may at any time decide not to use the Trading Strategy and terminate this Agreement and the license of use, in which case it will not be entitled to any refund or Guarantee.
5.4. Upon termination of this Agreement: (a) Customer must immediately cease using the Trading Strategy and promptly remove the Trading Strategy from any device; and (b) all legal obligations, right and duties arising out of this Agreement shall terminate except for those provisions which by their nature should survive termination of this Agreement, including but not limited to this Clause 5.4, and Sections 6, 8 and 10 of this document, which shall survive and continue in effect following termination of this Agreement at any time for any reason or no reason.
6.1. Each and every intellectual property right and copyright held by FFI in relation with the Trading Strategy, including but not limited to its commercial name, trademark, trade name, designs, logos, business secrets, know-how, formulas, algorithms, data, domain names, source codes, Trading Strategy, mobile applications, hardware, licenses of use, technology, patents, ideas, inventions, improvements, and/or discoveries, as well as, any tangible or intangible asset, and any information, data, content, manuals, training videos, and/or material, created, developed and/or owned by FFI, among others, that currently exist and/or that have existed in the past and/or that may exist in the future with respect to FFI, including any right related to and/or derived therefrom (hereinafter referred to as "Intellectual Property"), are of the exclusive property of, and belong solely to FFI. Likewise, the Customer accepts that all moral and patrimonial rights to such Intellectual Property belong solely and exclusively to FFI.
6.2. Without prejudice to the license of use granted through this Agreement, the Customer agrees not to use and/or copy and/or reproduce and/or disclose and/or reverse engineering in its own benefit or for the benefit of any third parties, in its original or derivative form, or in any other way, whether directly or indirectly, the Intellectual Property belonging to FFI, without the prior written authorization of FFI.
7.1. The Customer agrees that the Trading Strategy is provided “as is” and “as available”, without warranties of merchantability, fitness for a particular purpose, non-infringement, security, or accuracy.
7.2. The Customer acknowledges FFI shall not be liable to Customer for any loss, cost, damage, technical problems, Trading Strategy failures or malfunctions, acts of God, market events, fast markets, electronic risk, internet outages, communication failures, equipment or Trading Strategy failures, and malfunctions, or any device or device problems or defects.
7.3. The Customer acknowledges they shall not seek to hold FFI liable for Customer’s use of the Trading Strategy resulting in loss of whether in contract or tort, arising out of, or caused in whole or in part by Customer's use of or reliance on the Trading Strategy and/or any information, material and/or training video provided by FFI. If the customer decides to enable the strategy, the Trading Strategy may place trades, and the Customer, by enabling the strategy, takes full responsibility for these trades.
7.4. The Trading Strategy is by no means a recommendation to buy or sell securities, stocks, futures, commodities, currencies, crypto assets, or any other similar asset (hereinafter collectively referred to as "Assets"). The Customer agrees that any decision to use the Trading Strategy or to buy or sell any Asset is ultimately based on the Customer’s own decisions.
7.5. Risks associated with using an internet-based execution trading system include but are not limited to, failure of the Customers’ hardware, Trading Strategy, and/or internet connection, or VPS. As FFI does not control signal power, its reception or routing via the Internet, the configuration of your equipment, or the reliability of its connection, FFI cannot be responsible for communication failures, distortions, or delays when trading via the Internet.
7.6. The Customer accepts and acknowledges that any information derived from use of the Trading Strategy should be considered to be for informational purposes only, and cannot be considered as a recommendation to buy, sell, or hold any Asset or use any trading system.
7.7. The Customer understands and assumes all responsibility for his or her own trading-related decisions.
7.8. The Customer accepts that investing in Assets involves risks of capital loss that the Customer must be willing to bear.
7.9. The Customer accepts and acknowledges that no investment transaction in Assets is risk-free and that no strategy or risk management technique will eliminate financial risks in any market.
7.10. The Customer understands and accepts the risks involved in buying and selling Assets. Any decisions to trade and speculate in any financial markets are the Customer’s own choices and sole responsibility. Trading any Asset on margin carries a higher level of risk, and may not be suitable for all investors.
7.11. The Customer accepts and acknowledges that certain Assets as cryptocurrencies are unregulated assets, therefore, any eventual loss that the Customer suffers from trading cryptocurrencies will not be compensated by any government or authority.
7.12. The Customer understands and accepts that FFI is not responsible for any losses that may result from whatever action it chooses to take based on the use of the Trading Strategy. The Trading Strategy may highlight different types of systems or algorithms from which Customers may choose to execute relevant trades by either enabling or disabling the Trading Strategy. Any type of system or algorithm the Customer chooses, bears certain risks, along with the inherent financial risks related to investing in any financial market. When trades are executed in real market conditions using market orders, the Customer may suffer financial losses due to market instability and/or volatility which may cause the market to move against the Customer’s position. Any decision to trade in any financial market is made at the Customer’s own risk and responsibility. It is strongly recommended that customers do their own research prior to commencing trading.
7.13. The Customer understands and accepts the risks involved in buying and selling Assets. Any decisions to trade and speculate in any financial markets are the Customer’s own choices and sole responsibility. Trading any Asset on margin carries a higher level of risk, and may not be suitable for all investors. Customer understands and acknowledges that FFI does not guarantee or imply that the Customer will achieve the same or similar results or profits shown in any training video, marketing material, manual, and/or document provided and/or displayed by FFI, whether live or simulated trading or hypothetical and that past results are not necessarily indicative of future results or performance.
7.14. The Customer expressly agrees and acknowledges that: (a) FFI is not an advisory firm in trading and/or Asset exchange operations; (b) the Trading Strategy and/or FFI does not provide advice on trading and/or exchange operations, and/or any Asset investments.
7.15. If the Customer is inexperienced or does not have adequate knowledge in trading and/or exchange area, the Customer must consult a professional and/or specialized advisor in this area, before making any trading and/or exchange transaction and/or operating in any financial market.
7.16. The Customer acknowledges that before deciding to trade in any financial market it should carefully consider its investment objectives, level of experience, and level of risk, and consider the possibility that the Customer may lose part or all of their investment.
7.17. The Customer understands and acknowledges that any information resulting in the use of the Trading Strategy is provided for informational purposes only, and does not constitute investment advice. The Customer should be aware of all the risks associated with trading in any financial market, and seek advice from an independent financial advisor.
7.18. FFI will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from the use of Trading Strategy or reliance on any information, material, video, and/or document provided by FFI.
7.19. The Customer agrees that any past result, trade alert, and/or similar, displayed by the Trading Strategy and/or content in any information, document, training video, and any other material provided by FFI, are for informational purposes only and no indication of future performance. The customer accepts and acknowledges that: (a) hypothetical or simulated performance results have limitations; (b) unlike an actual performance record, simulated results do not represent actual trading; (c) there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program; (d) one of the limitations of any hypothetical performance trading results is that they are generally prepared with the benefit of hindsight.
7.20. The Customer agrees and acknowledges that the Trading Strategy does not constitute an endorsement and/or guarantee by FFI of any Asset and/or financial market.
7.21. The Customer agrees that FFI is exclusively limited to providing the Trading Strategy under the terms and conditions set forth in this Agreement and that for this reason, FFI will not be responsible under any circumstances, directly or indirectly, for any damage or harm, loss of business; loss of anticipated profits or savings; loss of money; business interruption; and/or loss of improvements or business opportunity and/or any other kind of loss or damage incurred by the Customer when using the Trading Strategy.
7.22. The Customer expressly declares that it has acquired under license and will use the Trading Strategy at the Customer’s own will and risk.
7.23. The Customer accepts and acknowledges that FFI will in no event be liable for direct, indirect, incidental or consequential damages resulting from the use of the Trading Strategy, the inability to use the Trading Strategy, or any defect in the Trading Strategy including any lost profits, even if FFI or anyone associated with FFI, have been advised of the possibility of such damage or loss.
7.24. In no event will FFI be liable to the Customer and/or any third party, for any damages, losses, or causes of action, whether in contract, tort, including negligence, or otherwise, exceeding the amount you paid for the product. Furthermore, the Customer agrees that FFI will not be liable for defense or indemnity with respect to any claim against Customer by any third party arising from the use of the Trading Strategy and/or any document or material provided by FFI.
7.25. To the extent that certain jurisdictions do not allow the exclusion or limitation of relief, incidental or consequential damages, the above limitation or exclusion may not apply to all Customers.
8.1. The Customer hereby indemnifies, protects, and holds FFI harmless, as its owners, affiliates, subsidiary, related companies, partner, directors, agents, officers, managers, employees, and other related personnel, from and against any and all claims, liabilities and expenses by any third party, including reasonable attorneys fees, resulting from any breach to this Agreement by the Customer.
9.1. This Agreement contains the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes all prior discussions, agreements, representations, and understandings in this regard.
9.2. All the terms and provisions of this Agreement, whether so expressed or not, are binding upon, inure to the benefit of, and are enforceable by FFI and the Customer.
9.3. This Agreement shall not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns.
9.4. No amendment or modification of the terms or conditions of this Agreement shall be valid unless in writing and signed by both Parties.
9.5. FFI's failure to insist upon strict performance of any provision of this Agreement shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Customer in performance or compliance with any obligation on this Agreement.
9.6. FFI shall not be liable to the Customer for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to events that are beyond the reasonable control of FFI, such as a strike, blockade, epidemics, pandemics, war, acts of terrorism, riot, natural disaster, acts of God, failures or diminishment of power or telecommunications or public services, and/or any law, regulation, order, proclamation, regulation, demand, or requirement of any governmental agency or authority, or any other similar event.
9.7. No provision of this Agreement shall be construed by any Court or other judicial authority against any party hereto by reason of such party's being deemed to have drafted or structured such provisions.
9.8. If any of the provisions of this Agreement is considered invalid, illegal, or impossible to execute, the other clauses shall not be affected by such invalidity, illegality, or impossibility of execution, and therefore, shall remain valid and in force.
9.9. The Customer acknowledges FFI recommends simulating trading for a minimum of two weeks.
9.10 The Customer acknowledges receipt of the Trading Strategy and represents that the Customer understands that the Fee set forth in Section 2 above is final and is subject only to the Guarantee set forth in Section 4 above. The Customer further agrees that it is the Customer's decision and responsibility to purchase and use the Trading Strategy.
10.1. This Agreement shall be governed by and construed in accordance with the laws in force in the ​State of Utah and the applicable federal laws in the United States of America, without regard to conflict of laws provisions.
10.2. The Parties agree to exercise the personal jurisdiction of the Courts located in Salt Lake County, State of Utah, United States of America.
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