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Terms and Conditions

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Terms and Conditions

 

  • Introduction

Welcome to the FXAN website (“Site”). FXAN product (“Product” or “Products”), in its essence, is a proprietary algorithm that captures data of underlying volume behind price movements and analyzes it to provide predictions and non-lagging information of proper/actual market direction and its intentions with the intent to improve decision making and increase the profitability of your managers and traders. The Product uses tick-volume to capture data and calculate it accordingly; that’s the second-best to the actual order book you would get from the exchange, which is not easily accessible or free. It has been tested extensively, and we think it will provide you with accurate Volume Analysis, especially as it’s combined with our multiple algorithms designed for it.

FXAN Algorithms are programmed on a free online charting platform – Tradingview.com.

 

  • Company information

Site and Products are operated by:

FXAN Group d.o.o.

Savska Cesta 45

1230 Domžale

Slovenia, EU

(“Us” or  “FXAN”)

VAT ID: 96538635

Registration n.: 9615199000

Email: support@forexanalysis.com

 

  • General 

Please read all of these Terms and Conditions carefully (“Terms”). It sets forth the legally binding agreement between you and FXAN for your use of the Site and Products available for sale through the Site. These Terms supersede any prior or contemporaneous written or oral agreements on the subject. These Terms determine the Site’s operation, the rights and obligations of the user and the platform, and regulate the business relationship between FXAN  as the seller and the users. Each time you access and/or use the Site, you agree to be bound by and comply with these Terms; you agree with our Privacy Policy and Cookies Policy. Before you click authorize payment while purchasing a product at the end of the ordering process, please again carefully read these Terms.

If you disagree with the Terms, do not use the Site or purchase the Products. Violation of these Terms may result in the termination of your access to the Site and Products.

These Terms were last updated on MARCH 6TH, 2024. FXAN reserves the right to change or modify these Terms at our sole discretion. You will be notified of any changes 15 days in advance per email or via a notification on the website (either via a notice on the news section or with a special pop-up window). Upon such notice, it is your responsibility to review the amended Terms. By accessing or using the Site or Products, you confirm your acceptance of the revised Terms and all the terms incorporated therein by reference. We encourage you to review the Terms frequently to understand them. If you do not agree to the revised Terms, you may not access or use the Site.

 

  • Terms of use

You confirm that you are at least 18 years in order to be able to use the Site and/or Products.  

Users agree that:

  • they will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities;
  • they will not create another account if we’ve disabled one you had unless you have our written permission first;
  • they will not buy, sell, rent or lease access to your Account or use of Products or username unless you have our written permission first;
  • they will not share Account password with anyone;
  • they will not log in or try to log in to access the Site through unauthorized third-party applications or clients.
  • that they will not use the Products in any way that is contrary to your grant of rights;
  • they will not  provide false or misleading information to FXAN;
  • they will not use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden or impair the functioning of the Site in any manner;
  • they will not reverse engineer any aspect of the Site or Products, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Site or Products;
  • they will not use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site or Products, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
  • they will not distribute viruses or any other technologies that may harm FXAN, Site or Products;
  • they will not use the Site to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Site.

 

  1. Privacy Policy, Cookie Policy

Please refer to our Privacy Policy and Cookie Policy for information about how we collect, use, and share information about you. 

Cookie Policy: https://forexanalysis.com/cookie-policy/

Privacy Policy: https://forexanalysis.com/privacy-policy/

 

  • Terms of purchase of Monthly and Lifetime access of our products

You can purchase our Products on the “Products” page of our Site. For most products, we offer Yearly Access and Monthly Access options. 

By purchasing the Monthly Access option of our Products, you agree to conclude an indefinite contract with Us with a monthly payment. When you make the first payment, you will provide your payment details, which will be later used to monthly charge your card (or other payment methods) because of an automatic monthly renewal below. If, after purchasing the monthly access, you do not wish to renew your purchase for the following month, you must contact us via email: support@forexanalysis.com at least five days before the monthly/yearly access period ends and give us notice that you do not wish to renew your monthly access and would like to withdraw from the contract. If you do not do that, the monthly/yearly access to your product will be automatically renewed for another month, and your card or other form of payment will be automatically charged for the subsequent monthly access.

The lifetime access option of purchasing our products is a one-time purchase that gives you the right to access purchased Products indefinitely with only one payment. 

If the price of an individual product in the case of monthly access changes during these Terms, we will inform you at least 15 days in advance and allow you to withdraw from the contract without any financial consequences. If you do not announce that you are withdrawing from the contract within 15 days, such an action is considered that you agree with the new prices, and services/Products will be charged at the new price within the next month. By accepting these Terms, you also agree that we have the right to change our pricing policy at any time and our sole discretion.

Due to the nature of the Product, no refunds are possible.

After purchasing the Product, the user will be provided access to the algorithm on the online platform Tradingview.com. At the same time, the user will be sent instructions for the implementation and use of the algorithm.

  1. Payment methods

Means of payment/payment options: on our Site you can see which means of payment we accept. By accepting these Terms, you also agree that we have the right to change our payment options policy at any time and at our sole discretion. You will be notified of any changes in advance through the website. Your continued use of the Site following the posting of a notice of a payment options policy change signifies that you accept and agree to the changes. 

 

  • Ownership

Unless otherwise indicated in writing by Us, content and other materials contained therein, including, without limitation, the FXAN logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”), the Site and Products are the proprietary property of FXAN or our affiliates, licensors or users, as applicable.

Notwithstanding anything to the contrary in this Agreement, the Site/Content and Products may include software components provided by FXAN or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

The FXAN logo and any FXAN Products or service names, logos or slogans that may appear on the Site/Content or in Products are trademarks of FXAN or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site/Content or Products, unless otherwise agreed herein. You may not use any metatags or other “hidden text” utilizing “FXAN” or any other name, trademark or product or service name of FXAN  or our affiliates without our prior written permission. In addition, the look and feel of the Site and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of FXAN and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and CYGNI or FXAN names or logos mentioned on the Site/Content are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. 

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by FXAN or its licensors, except for the licenses and rights expressly granted in these Terms.

When purchasing a Product, you are granted a limited, nonexclusive, non-transferable, revocable, non-sublicensable license to access and use the Product on one electronic device.  The license applies to one user only and, again, is not transferable. Such license is subject to this Terms and does not include any right to (a) sell, resell or use commercially the Site/Content or Products (except for own use) (b) distribute, publicly perform or publicly display any Content or Products, (c) modify or otherwise make any derivative uses of the Site/Content or Products, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site/Content or Products, except as expressly permitted by Us, and (f) use the Site/Content or Products other than for their intended purposes.

  1. Liability and disclaimers 

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE SITE, CONTENT CONTAINED THEREIN, AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. FXAN MAKE NO WARRANTY THAT THE SITE OR PRODUCTS: A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

FXAN DOES NOT REPRESENT OR WARRANT THAT PRODUCTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE OR VIA PRODUCTS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE, CONTENT AND PRODUCTS SAFE, WE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR ANY PRODUCTS LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE

We do not guarantee that by buying our product your decision making and trading will be successful or that your profitability will be increased. 

We do not guarantee that the data our products captures is correct, or that it will bring you profits. We do not guarantee that the algorithm is correct and do not assume any liability for any results, that would arise from using the algorithm and/or Products. FXAN algorithms are intended to facilitate and improve your decision making, however the risk of the decision making and results still lies within the users themselves. FXAN does not guarantee satisfaction of users or any kind of financial profits resulting in the use of our products.

We accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and waste of management or office time. FXAN its subsidiaries, partners, suppliers, affiliates, and its licensors do not warrant that the use of our Product and algorithms will function uninterruptedly, be secure or be available at any particular time or location. 

Each time you access and/or use the Site or Products, you agree to be bound by and comply with these Terms and with our additional DISCLAIMER OF LIABILITY explained in the footer of our front page. Before you click authorize payment while purchasing a product at the end of the ordering process, please carefully read these Terms.

 

  • Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless FXAN, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the ”FXAN parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, Content or Products, (b) any Feedback you provide, (c) your violation of this Agreement, and (d) your violation of the rights of a third party, including another user. You agree to promptly notify FXAN  of any third party Claims and cooperate with the FXAN  Parties in defending such Claims. You further agree that the FXAN  Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND FXAN . If full exclusion of liability is not possible under applicable law, you agree that any compensation for damages is limited to the amount of commission / services charged by FXAN for the entire time (administrative fee) to the injured party. 

Nothing in this Agreement shall exclude or limit liability of either party for fraud. 

 

  • Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a agreement that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance under any agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the agreement may be performed despite the Force Majeure Event.

  1. Governing Law and Venue

This Agreement is governed by and construed and enforced in accordance with the laws of the Republic of Slovenia. You understand and agree that your use of FXAN as contemplated by these terms of use shall be deemed to have occurred in the state of Slovenia. 

In the event of a dispute, the courts in Slovenia have jurisdiction.

  1. Severability

In the event that any term, clause or provision of this Agreement is held invalid or unenforceable, then that term, clause or provision will be severable from this Agreement and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of this Agreement.

  1. Contact information

In case you have any questions or would like more information about FXAN feel free to contact us by email us at support@forexanalysis.com

These Terms and conditions enter into force on 01.01.2024.