Terms
of Service.
1. Provider
[TO COMPLETE: legal name, company form, registered office, VAT number, company registration number, contact email. These details are mandatory for online sales from Italy.]
2. Subject matter
Nemesi is automated execution software for the MetaTrader 5 platform, supplied with a personal license key that enables it to run on the customer's terminal.
3. Nature of the service
Nemesi is a software product. It does not constitute investment advice, a personal recommendation, portfolio management or any other investment service under applicable law. The provider does not receive, hold or move any funds or financial instruments belonging to the customer, who trades exclusively through their own broker.
[TO BE CONFIRMED WITH A LAWYER: supplying trading instructions for a fee may, depending on how they are presented and how far they are personalised, fall within MiFID II and the supervisory perimeter of the Italian regulator. This is the single largest legal exposure in the project and must be resolved before selling.]
4. License grant
- The license is personal, non-exclusive and non-transferable.
- It is granted for use by a single user. [TO COMPLETE: number of terminals or accounts permitted.]
- Sharing, resale, decompilation and redistribution of the software or the key are prohibited.
- Breach results in immediate revocation of the key with no right to a refund.
5. Price
The license fee is €997, excluding VAT, payable once. Applicable tax is determined at checkout based on the customer's country and status.
6. Continuity and updates
[TO COMPLETE, critical: the license is sold for a single payment, but keeping the product operational carries an ongoing cost for the provider. State explicitly for how long operation is guaranteed and what happens if it is discontinued. Leaving this open invites disputes.]
7. Right of withdrawal
[TO COMPLETE: for digital content supplied immediately, the 14-day right of withdrawal under EU consumer law lapses only where the customer has given express consent and acknowledged the loss of that right before delivery. That consent is already captured at checkout through acceptance of these terms, but the wording needs validating.]
8. No guarantee of results
The provider guarantees no financial outcome. The software is supplied as is. To the fullest extent permitted by law, the provider is not liable for trading losses, which depend on market conditions, configuration choices, the capital committed, the terms applied by the customer's broker and the technical continuity of the customer's terminal.
9. Suspension and revocation
The provider may revoke the key in cases of sharing, fraudulent use, payment reversal or breach of these terms.
10. Governing law and jurisdiction
[TO COMPLETE: Italian law. Note that for consumer contracts, jurisdiction lies mandatorily with the courts of the consumer's place of residence.]
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