TERMS AND CONDITIONS OF SERVICE / USER AGREEMENT
This Terms and Conditions Agreement (“Agreement
“) is a legal document that explains your rights and obligations as a user (“User
” or “your
”) of Quant Things FZCO (the “Company
”) software products.
Quant Things FZCO is a technology provider. We built the Options trading software (Options Road
) found on www.OptionsRoad.com (the “Website
”). Users need to link Options Road to their Brokerage account and build their custom options strategies. Users can automate repetitive trading tasks so that they can focus on higher-level strategy optimization to scale their portfolio. There is zero conflict of interest with our users as we are only compensated by licensing the software.
By accessing or using any website with an authorized link to our website, registering an account or accessing or using any content, information, services, software, features or resources available or enabled via the Website (collectively, the “Services
“), clicking on a button or taking another action to signify your acceptance of this Agreement, you:
(1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services;
(2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and
(3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services.
Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
1. REGISTRATION AS A USER; APPLICATION OF TERMS TO YOU; YOUR ACCOUNT
You become a user of Services (“User
“) by completing the registration of an account for Services (“Account
”). This Agreement takes effect as soon as you indicate your acceptance of these terms. You may not become a User if you are under the age of 18. Services are not intended for persons under 18 and Quant Things FZCO will not knowingly collect personal information from persons under the age of 18.
When registering an Account, you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data
”), which we strongly advise and require you to read before using the Services.
You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify Quant Things FZCO immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account for the same Company service at any given time. Quant Things FZCO reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and services. All rights in and to your Account and services are owned by and inure to the benefit of Quant Things FZCO.
A. Contracting Party
For any interaction with Services, your contractual relationship is with Quant Things FZCO. Except as otherwise indicated at the time of the transaction, any transactions you make on Services are being made with Quant Things FZCO.
B. Your Account
Users need to create a free account on the website then apply for a paid subscription to use the software. Upon subscription (monthly, quarterly, and annually) by credit card, the user receives a license key to activate the software and be able to use all its functions. Your Account may also include billing information you provide to Quant Things FZCO for the purchase of Subscriptions, Content and Services and any physical merchandise offered for purchase through our website (“Product”). You may not reveal, share or otherwise allow others to use your password or Account except as otherwise specifically authorized by Quant Things FZCO. You are responsible for the confidentiality of your login and password and for the security of your computer system. Quant Things FZCO is not responsible for the use of your password and Account or for all of the communication and activity on Services that results from the use of your login name and password by you, by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision. Unless it results from Quant Things FZCO’s negligence or fault, Quant Things FZCO is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify Quant Things FZCO via the support form Support@OptionsRoad.com without any delay.
Your Account, including any information pertaining to it (e.g.: contact information, billing information, Account history and Subscriptions, etc.), is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by this Agreement (including any Subscription Terms) or as otherwise specifically permitted by Quant Things FZCO.
A. General Software, Content and Services License
Services and your Subscription(s) require the download and installation of Options Road Software onto your computer and link Options Road to your brokerage account. Once you’ve successfully connected Options Road with your brokerage account, you can start using the software. You’ll be able to pull data from your brokerage, analyze trading info, place trades in real-time using your user-defined strategies, and manage open trades.
Quant Things FZCO hereby grants, and you accept, a non-exclusive license and right, to use the Software, Content and Services for your personal, non-commercial use (except where commercial use is expressly allowed herein or in the applicable Subscription Terms). This license ends upon termination of (a) this Agreement or (b) a Subscription that includes the license. The Software, Content and Services are licensed, not sold. Your license confers no title or ownership in the Software, Content and Services. To make use of the Software, Content and Services, you must have a Services Account and you are required to be running the Software and maintaining a connection to the Internet.
For reasons that include, without limitation, system security and stability, Services may need to automatically update, pre-load, create new versions of or otherwise enhance the Software, Content and Services and accordingly, the system requirements to use the Software, Content and Services may change over time. You consent to such automatic updating. You understand that this Agreement (including applicable Subscription Terms) does not entitle you to future updates, new versions or other enhancements of the Software, Content and Services associated with a particular Subscription, although Quant Things FZCO may choose to provide such updates, etc. in its sole discretion.
3. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide Quant Things FZCO with valid payment information in connection with your orders. By providing Quant Things FZCO with your payment information, you agree that (i) Quant Things FZCO is authorized to immediately invoice your Account for all fees and charges due and payable to Quant Things FZCO hereunder, (ii) Quant Things FZCO is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify Quant Things FZCO of any change in your payment information. Quant Things FZCO reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, Quant Things FZCO reserves the right to either suspend or terminate your access to the paid-for services.
A. Payment Authorization
When you provide payment information to Quant Things FZCO or to one of its payment processors, you represent to Quant Things FZCO that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize Quant Things FZCO to charge your credit card or to process your payment with the chosen third-party payment processor for any Subscription, Product or other fees incurred by you. Quant Things FZCO may require you to provide your address or other information in order to meet their obligations under applicable law.
For Subscriptions subject to automatic renewal after an agreed usage period, where recurring payments are made in exchange for continued use (“Recurring Payment Subscriptions”), by continuing to use the Recurring Payment Subscription you agree and reaffirm that Quant Things FZCO is authorized to charge your credit card or to process your payment with any other applicable third-party payment processor, for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you agree to notify Quant Things FZCO promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify Quant Things FZCO promptly if your credit card or PayPal or other payment account expires or is cancelled for any reason.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, Quant Things FZCO may terminate your access to your Account.
B. Responsibility for Charges Associated With Your Account
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, Quant Things FZCO reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before Quant Things FZCO will allow you to register again.
C. Third Party Sites, Links and Contents
Services may provide links to other third party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Subscription or other fees that you may pay to Quant Things FZCO. Our website may also provide access to third-party vendors, who provide content, goods and/or services on the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Quant Things FZCO makes no representations or warranties, either express or implied, regarding any third party site. In particular, Quant Things FZCO makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.
The Services may contain links to third-party services such as third-party websites, applications, or ads (“Third-Party Links
“). When you click on such a link, we will not warn you that you have left the Services. Quant Things FZCO does not control and is not responsible for Third-Party Links. Quant Things FZCO provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.
In regard to all Subscriptions, Contents and Services that are not authored by Quant Things FZCO, Quant Things FZCO does not screen such third party content available on Services or through other sources. Quant Things FZCO assumes no responsibility or liability for such third-party content.
4. ONLINE CONDUCT AND ILLEGAL BEHAVIOR
Your online conduct and interaction with other Users should be guided by common sense and basic etiquette. Quant Things FZCO may terminate your Account or a particular Subscription for any conduct or activity that we deem as illegal, improper, or otherwise negatively affects the enjoyment of Services by other Users. You acknowledge that Quant Things FZCO is not required to provide you notice before terminating your Subscription(s) and/or Account.
5. OWNERSHIP OF AND LICENSE TO USE THE SERVICES
A. Use of the Services
Except with respect to User Content, Quant Things FZCO owns all rights, titles and interests in the Software, Content and Services. The Software, Content and Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Quant Things FZCO grants you a limited license to use the Software, Content and Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Software, Content and Services shall be subject to this Agreement. Quant Things FZCO, its suppliers and service providers reserve all rights not granted in this Agreement.
Quant Things FZCO’s and Options Road’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Quant Things FZCO and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
C. Restrictions on Use of Services
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Software or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, logo or Services (including images, text, page layout or form) of Quant Things FZCO and Options Road ; (c) you shall not use any metatags or other “hidden text” using Quant Things FZCO ‘s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services. Any unauthorized use of the Services terminates the licenses granted by Quant Things FZCO pursuant to this Agreement.
6. DISCLAIMERS AND LIABILITY PROVISIONS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QUANT THINGS FZCO PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. QUANT THINGS FZCO PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUANT THINGS FZCO PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT QUANT THINGS FZCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
QUANT THINGS FZCO PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. WITHOUT LIMITING THE FOREGOING, QUANT THINGS FZCO WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY PRODUCTS OR TRANSACTIONS OR TRANSFERS RELATING TO PRODUCTS, OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, AND INCLUDING FROM ANY DISPUTE WITH ANY OTHER USER OF THE SERVICE.
WE ARE NOT LICENSED FINANCIAL PLANNERS, FINANCIAL ADVISORS, BROKERS, INVESTMENT BROKERS, OR INVESTMENT ADVISORS. WE CANNOT AND WILL NOT GUARANTEE THAT YOU WILL NOT LOSE MONEY OR THAT YOU WILL MAKE MONEY FROM THE INFORMATION FOUND ON THIS WEBSITE AND / OR SOFTWARE PRODUCTS / SERVICES.
OPTION TRADING INVOLVES SUBSTANTIAL RISK AND IS NOT SUITABLE FOR ALL INVESTORS. PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. YOU CAN LOSE MONEY TRADING OPTIONS AND THE LOSS CAN BE SUBSTANTIAL. LOSING TRADES CAN OCCUR, HAVE OCCURRED IN THE PAST, AND WILL OCCUR IN THE FUTURE. USERS OF THIS WEBSITE AND / OR SOFTWARE PRODUCTS / SERVICES SHOULD NEVER TRADE WITH MONEY THEY CAN NOT AFFORD TO LOSE. ONLY RISK CAPITAL SHOULD BE INVESTED SINCE IT IS POSSIBLE TO LOSE ALL OF YOUR PRINCIPAL. YOUR USE OF THIS WEBSITE AND / OR SOFTWARE PRODUCTS / SERVICES IS AT YOUR OWN RISK.
THE INFORMATION FOUND ON THIS WEBSITE AND WITHIN ITS SOFTWARE, PRODUCTS, SERVICES AND ANY ORAL OR WRITTEN COMMUNICATION MADE IN ANY WAY REFERRING TO OR RELATING TO THIS WEBSITE IS MEANT FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. NOTHING IS GUARANTEED. NOTHING FOUND ON THIS WEBSITE AND/OR WITHIN ITS SOFTWARE, PRODUCTS, SERVICES, AFFILIATES SHOULD BE CONSTRUED AS A RECOMMENDATION TO BUY OR SELL OPTIONS OR SECURITIES OR TO TRADE ANY PARTICULAR STRATEGY, METHOD OR TRADING ADJUSTMENT. NOTHING FOUND ON THIS WEBSITE AND/OR WITHIN ITS SOFTWARE, PRODUCTS AND SERVICES SHOULD BE CONSIDERED TRADING, FINANCIAL OR INVESTMENT ADVICE. WE ARE NOT TRADING OR FINANCIAL OR INVESTMENT ADVISORS. USERS SHOULD DO THEIR OWN DUE DILIGENCE. USERS SHOULD SEEK THE ADVICE OF AN APPROPRIATE AND COMPETENT LEGAL, TAX, ACCOUNTING, FINANCIAL, INVESTMENT, AND OR OTHER NECESSARY PROFESSIONAL PRIOR TO TRADING AND INVESTING.
YOU AGREE TO INDEMNIFY AND HOLD QUANT THINGS FZCO, ITS CORPORATE PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS OF EACH (COLLECTIVELY, THE “COMPANY PARTIES
“) HARMLESS FROM ANY DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF ANY CLAIMS CONCERNING: (A) YOUR CONTENT; (B) YOUR USE / MISUSE OF THE SERVICES; (C) YOUR VIOLATION OF THIS AGREEMENT; (D) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY, INCLUDING ANY USERS; (E) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS; (F) THIRD-PARTY CLAIMS THAT YOU OR SOMEONE USING YOUR PASSWORD DID SOMETHING THAT, IF TRUE, WOULD VIOLATE ANY OF THESE TERMS, (G) ANY MISREPRESENTATIONS MADE BY YOU, OR (H) A BREACH OF ANY REPRESENTATIONS OR WARRANTIES YOU’VE MADE TO US. QUANT THINGS FZCO RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH QUANT THINGS FZCO IN ASSERTING ANY AVAILABLE DEFENCES. YOU AGREE THAT THE PROVISIONS IN THIS SECTION WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT, THIS AGREEMENT OR YOUR ACCESS TO THE SERVICES.
C. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER QUANT THINGS FZCO, ITS LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF QUANT THINGS FZCO ’S SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE CONTENT AND SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL QUANT THINGS FZCO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES, THE SOFTWARE, CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE SOFTWARE, CONTENT AND SERVICES, SUBSCRIPTIONS OR ANY INFORMATION, EVEN IN THE EVENT OF QUANT THINGS FZCO ’S OR ITS AFFILIATES’ FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF QUANT THINGS FZCO ’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY THIRD PARTY MATERIALS IS TO STOP USING THE SERVICES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT QUANT THINGS FZCO PARTIES ARE LIABLE TO YOU EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO QUANT THINGS FZCO BY YOU DURING THE TWELVE MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
D. NO GUARANTEES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER QUANT THINGS FZCO NOR ITS AFFILIATES GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE SOFTWARE, CONTENT AND SERVICES, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTIONS(S) OR ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH.
7. AMENDMENTS TO THIS AGREEMENT
This Agreement may at any time be mutually amended by your explicit consent to changes proposed by Quant Things FZCO. Furthermore, Quant Things FZCO may amend this Agreement (including any Subscription Terms or Rules of Use) unilaterally at any time in its sole discretion. In this case, you will be notified by e-mail of any amendment to this Agreement made by Quant Things FZCO within 10 (ten) days before the entry into force of the said amendment. Your failure to cancel your Account within ten (10) days after the entry into force of the amendments, will constitute your acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease use of the affected Subscription(s). Quant Things FZCO shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall Quant Things FZCO have any obligation to prorate any fees in such circumstances.
8. TERM AND TERMINATION
The term of this Agreement (the “Term
“) commences on the date you first indicate your acceptance of these terms and will continue in effect until otherwise terminated in accordance with this Agreement.
B. Termination by You
You may cancel your Account at any time. You may cease use of a Subscription at any time or, if you choose, you may request that Quant Things FZCO terminate your access to a Subscription. Subscriptions are not transferable. Access to Subscriptions purchased as a part of a pack or bundle cannot be terminated individually, termination of access to one product/service purchased in the pack. Your cancellation of an Account, or your cessation of use of any Subscription or request that access to a Subscription be terminated, will not entitle you to any refund, including any Subscription fees. Quant Things FZCO reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account or termination of your access to a particular Subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation.
C. Termination by Quant Things FZCO
Quant Things FZCO may cancel your Account or any particular Subscription(s) at any time in the event that (a) Quant Things FZCO ceases providing such Subscriptions to similarly situated Users generally, or (b) you breach any terms of this Agreement (including any Subscription Terms or Rules of Use). In the event that your Account or a particular Subscription is terminated or cancelled by Quant Things FZCO for a violation of this Agreement or improper or illegal activity, no refund, including any Subscription fees or of any unused credits in your Services, will be granted.
D. Survival of Terms
Clauses 2, 3, and 5 – 10 will survive any expiration or termination of this Agreement.
9. APPLICABLE LAW/JURISDICTION
A. Dispute Resolutions
This document is governed by and are to be construed in accordance with
United Arab Emirates Law. All disputes controversy, difference or claim arising out of or in connection with this document, including any question regarding its existence, validity or termination, or any dispute regarding non-contractual obligations shall be finally settled under the exclusive jurisdiction of the courts of the United Arab Emirates
B. Procedure for Making Claims of Copyright Infringement
If you believe content posted on the Services infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to Support@OptionsRoad.com.
A. Electronic Communications
The communications between you and Quant Things FZCO use electronic means, whether you visit the website or send Quant Things FZCO e-mails, or whether Quant Things FZCO posts notices on the website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Quant Things FZCO in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Quant Things FZCO provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.
This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Quant Things FZCO’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
C. Force Majeure
Quant Things FZCO shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
D. Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to the Services, please contact our customer service department using email Support@OptionsRoad.com. We will do our best to address your concerns.
Where Quant Things FZCO requires that you provide an e-mail address, you are responsible for providing Quant Things FZCO with your most current e-mail address. In the event that the last e-mail address you provided to Quant Things FZCO is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Quant Things FZCO’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Quant Things FZCO at the following address: Support@OptionsRoad.com.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
H. Export Control
You agree to comply with all applicable import/export laws and regulations. You agree not to export the Software, Content and Services or Product or allow the use of your Account by individuals of any countries to which encryption exports are at the time of exportation restricted. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.
I. Entire Agreement
J. Rights of Third Parties
You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
K. Complying with Law
Quant Things FZCO’s obligations are subject to existing laws and legal processes and Quant Things FZCO may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
L. Revision Date
This Agreement was last updated on 29 July 2021 (“Revision Date”). We may, at any time and without liability, modify or discontinue all or part of the Services; charge, modify or waive any fees or charges required to use the Services; or change the Terms and Conditions of Services for some or all of our users. If you were a user before the Revision Date, it replaces your existing agreement with Quant Things FZCO.