General and Investment Disclaimer
GENERAL AND INVESTMENT DISCLAIMER
FLOWTRADE.AI IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER, OR TAX ADVISOR. NOTHING ON OR IN THE SOFTWARE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY FLOWTRADE.AI. YOU ACKNOWLEDGE AND AGREE THAT FLOWTRADE.AI IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE.
YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES IN THE SOFTWARE OR YOUR INTERPRETATIONS OF THE DATA FOUND IN THE SOFTWARE ARE YOUR OWN, FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AT YOUR SOLE RISK.
FLOWTRADE.AI IS NOT RESPONSIBLE FOR ANY LOSSES INCURRED WHILE USING THE SOFTWARE OR THE WEBSITE, AND YOU ACKNOWLEDGE THAT ALL TRADES MADE USING THE SOFTWARE OR THE WEBSITE ARE MADE AT YOUR OWN RISK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY.
IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND THE PURCHASE, HOLDING, AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT FLOWTRADE.AI CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.
ALL INFORMATION CONTAINED ON THE WEBSITE AND ITS SERVICES IS FOR GENERAL INFORMATIONAL USE ONLY AND SHOULD NOT BE RELIED UPON BY YOU IN MAKING ANY INVESTMENT DECISION. THE WEBSITE AND SERVICES DO NOT PROVIDE INVESTMENT ADVICE, AND NOTHING ON THE WEBSITE AND SERVICES SHOULD BE CONSTRUED AS BEING INVESTMENT ADVICE. BEFORE MAKING ANY INVESTMENT CHOICE, YOU SHOULD ALWAYS CONSULT A FULLY QUALIFIED FINANCIAL AND/OR INVESTMENT ADVISER.
The Website and the Software include and/or may include advertisements and links to external sites and co-branded pages or promote Websites or services from other companies or offer you the ability to download software or content from other companies in order to provide you with access to information and services which you may find useful or interesting.
FLOWTRADE.ai does not endorse such sites nor approve any content, information, legal or illegal emails (whether spam emails or not), goods, or services provided by them. FLOWTRADE.ai is not responsible for and does not control those Websites, services, emails, content, and software and cannot accept any responsibility or liability for any loss or damage suffered by you as a result of your use of its website and services or such external and/or co-branded sites.
FLOWTRADE.ai is unable to exercise control over the security or content of information passing over the network, and FLOWTRADE.ai hereby excludes all liability of any kind for the transmission or reception of infringing or unlawful information of whatever nature.
The information provided on this Website does not constitute investment advice, financial advice, trading advice, or any other sort of advice. You should not treat any of the Website's content as such. FLOWTRADE.ai does not recommend that any cryptocurrency should be bought, sold, or held by you. AMENDMENT AND TERMINATION
We may amend, modify, update, and change any of the Terms of Use contained in the Agreement from time to time. We will notify you of any amendment, modification, update, and change by publishing a new version of the Agreement here, or by email. Any new version of the Agreement will take effect immediately upon publication on the Website or the App, and your use of the Site, the App, and/or the Services after any changes to this Agreement will be deemed to constitute your acceptance of the new version of the Agreement.
We may, at any time, terminate the Agreement unilaterally, with immediate effect, for any reason, including but not limited to the following:
i. We are required to do so by law, regulation, competent court order, or other competent authority.
ii. We reasonably believe that we need to do so to protect our reputation.
iii. We consider you to be in breach of the provisions contained in the Agreement or applicable law or regulation or in conflict with our compliance policies.
iv. We reasonably suspect illegal activity, including money laundering, terrorist financing, fraud, or any crime (financial or otherwise).
v. Any of our third-party service providers deny providing you the Services.
vi. Force majeure events, including operational and technical errors, occur.
vii. Upon our request, you have failed to provide us with information, or the information provided does not meet our requirements.
You may, at any time, terminate the Agreement, with immediate effect, for any reason. Upon termination of the Agreement, you shall stop using the Site, the App, and/or the Services. FLOWTRADE.ai reserves the right to retain the payments that Users have made for the duration of the selected time period.
Following the termination of the Agreement, we may retain your personal information for as long as we have a business or tax need or as required under applicable laws.
DISPUTE RESOLUTION AND APPLICABLE LAW
If a dispute arises between you and FLOWTRADE.ai, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. You and FLOWTRADE.AI agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Disputes between you and FLOWTRADE.AI regarding the services may be reported to customer service.
You and FLOWTRADE.AI further agree that you and FLOWTRADE.ai shall spend not less than three (3) months on full communication, consultation, or mediation before either party submits the disputes in question for arbitration.
This Agreement will be governed by the laws of the Dubai International Finance Centre (DIFC), irrespective of DIFC's conflict or choice of law rules.
You acknowledge and agree that, in case of any dispute, controversy, divergence, or claim that can't be solved by consultation or mediation, including any dispute in connection with the existence, validity, interpretation, performance, breach, or termination of this clause or any dispute concerning or arising out of this clause (collectively referred to as the "Dispute"), the parties shall submit the Dispute to the International Chamber of Commerce International Court of Arbitration (ICC International Court of Arbitration) according to the ICC Rules of Arbitration in effect.
The arbitration shall take place in London and apply to applicable laws determined under the ICC Rules of Arbitration. Unless otherwise agreed by the parties hereto, only one arbitrator shall be appointed according to the ICC Rules of Arbitration. The arbitrator shall have the exclusive right to make a ruling on their right of jurisdiction, including but not limited to any objection to the existence, scope, or validity of the arbitration agreement or the arbitrability of any claim or counterclaim.
The arbitration shall be conducted in English. The arbitrator shall, regardless of the method of arbitration, issue a reasonable written decision to explain the arbitration award, its basic conclusion, and the conclusion (if any). The arbitration award shall be final and binding upon you and FLOWTRADE.ai and may be enforced by any court of competent jurisdiction.
MISCELLANEOUS
You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to assign our rights without restriction, to any affiliate or subsidiary of FLOWTRADE.ai, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof will be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assignees.
FLOWTRADE.ai is an independent contractor for all purposes. Nothing in this Agreement will be deemed or is intended to be deemed to cause you and FLOWTRADE.ai to be treated as partners, joint ventures, joint associates for profit, or as the agent of the other.
Our failure to act with respect to a breach of any of your obligations under this User Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement, along with the Privacy Policy and any applicable policies on the Website and App, sets forth the entire understanding between you and FLOWTRADE.ai with respect to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including any prior versions of this Agreement) and every nature between you and FLOWTRADE.ai. All terms that, by their nature, should survive, will survive the termination of this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable under any rule, law, or regulation or any governmental agency, local, state, or federal, such provision shall be struck, and the validity or enforceability of any other provision of this Agreement will not be affected.
All claims you bring against FLOWTRADEai must be resolved in accordance with this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to this Agreement, FLOWTRADE.ai may recover attorneys' fees and costs (including in-house attorneys and paralegals), provided that FLOWTRADE.ai has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, "Communications") that FLOWTRADE.ai provides in connection with your Account and your use of the Services. FLOWTRADE.ai will provide these Communications to you by posting them on the Website or through the App, emailing them to you at the primary email address listed in your profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification. You understand and agree that if FLOWTRADE.ai sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, FLOWTRADE.ai will be deemed to have provided the Communication to you. You may update your information by contacting customer support at support@flowtrade.ai. You may be asked to provide personal information to verify your Account.
It is the express wish of the parties that these terms and any directly or indirectly related documents be drawn up in English. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall prevail.
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