Terms & Conditions

Section 1 - Parties and Definitions

1.1 Parties

These Terms constitute a binding legal agreement between:

(a) YOU ("User", "you", or "your") - the individual or legal entity purchasing, downloading, accessing, or using the Product or Services.

(b) PROFALGO LIMITED, a company incorporated and registered in Malta with:
Company Registration Number: C-93668
Registered Office: 36, St Dminka Street, Victoria VCT 9030, Gozo, Malta
("we", "us", "our", "Provider", "Profalgo", "Merchant")

(c) No Third Parties

These Terms create a direct contractual relationship solely between User and Provider. No other person or entity (including any technical service provider, infrastructure provider, web hosting provider, payment processor, third-party platform, IT consultant, or other service provider engaged by Provider) is a party to these Terms or bears any liability, obligation, warranty, or responsibility to User under these Terms or in connection with the Product or Services.

User acknowledges and agrees that:

• Provider is the sole party with whom User has a contractual relationship
• User has no contractual rights against any third-party service provider
• User may not assert claims against any third party based on these Terms
• Third-party service providers are not intended third-party beneficiaries of these Terms

(d) No Reliance on Third Parties

The User acknowledges and agrees that they rely solely on Profalgo Limited and not on any third-party systems, platforms, infrastructure, hosting providers, technical service providers, or other service providers in accessing or using the Product or Services. User has not relied on any representations, warranties, or conduct by any third party in deciding to purchase or use the Product.

1.2 Definitions

(a) "Product" means the algorithmic trading software, automated trading systems, trading tools, indicators, expert advisors, strategies, scripts, plugins, and related digital content, documentation, and materials offered for sale or license through the Store, including all updates, modifications, and enhancements thereto.

(b) "Services" means access to and use of the Product, including software downloads, license key delivery, product updates, technical support (if any), user documentation, and any related services provided by Provider.

(c) "Store" means the e-commerce website operated by Provider through which the Product is offered for sale or license.

(d) "Purchase" means any transaction through which User acquires, licenses, or subscribes to the Product or Services, including one-time purchases, recurring subscriptions, and trial or promotional offers.

(e) "Account" means the user account created by User upon registration with the Store, if applicable.

1.3 Merchant of Record

Provider is the sole merchant of record for all Purchases made through the Store. All payments are processed by and collected by Provider through Provider's designated payment service providers.

Provider is solely and exclusively responsible for: (a) Product delivery, activation, and access provisioning; (b) Product functionality, performance, support, and maintenance; (c) Customer service, technical support, and user communications; (d) Processing refunds, chargebacks, and payment disputes; (e) Compliance with all applicable laws, regulations, and tax obligations; (f) All representations, warranties, and obligations to User under these Terms.

Section 2 - Eligibility and Restricted Jurisdictions

2.1 Age and Legal Capacity

You must be at least 18 years of age and possess the full legal capacity to enter into binding contracts under the laws of your jurisdiction to use the Product or Services.

If you are accessing the Services on behalf of a legal entity, you represent and warrant that: (a) You are duly authorized to bind such entity to these Terms; (b) Such entity has the legal capacity and authority to enter into these Terms; (c) Your acceptance of these Terms creates a binding obligation on such entity.

2.2 Restricted Jurisdictions

The Product and Services are NOT offered to, directed at, or intended for use by residents, nationals, or citizens of the following jurisdictions ("Restricted Jurisdictions"):

• Any jurisdiction where the distribution, offer, sale, marketing, or use of algorithmic trading software requires a license that Provider does not possess, or is prohibited or regulated by law
• Any jurisdiction where User's purchase or use of the Product would violate applicable laws or regulations
• Any other jurisdictions as determined by Provider from time to time in its sole discretion

2.3 User Representation and Warranty

By accessing, purchasing, or using the Product or Services, you represent, warrant, and covenant that: (a) You are not a resident, national, citizen, or domiciliary of any Restricted Jurisdiction; (b) You are not accessing the Store or Services from within any Restricted Jurisdiction; (c) You will not use the Product from within any Restricted Jurisdiction; (d) Your purchase and use of the Product complies with all applicable laws and regulations; (e) You have not provided false or misleading information regarding your location; (f) You will immediately notify Provider if your residency or location changes to a Restricted Jurisdiction.

2.4 Consequences of Breach

Access, purchase, or use of the Product or Services in violation of this Section 2: (a) Constitutes a material breach of these Terms; (b) Is grounds for immediate termination without notice, refund, or liability; (c) Voids all warranties, support obligations, and other commitments by Provider; (d) Subjects you to indemnification obligations under Section 13; (e) Does not create any obligations or liabilities for Provider under the laws of any Restricted Jurisdiction; (f) May result in legal action.

2.5 Geolocation and Verification

Provider reserves the right to use IP address detection, geolocation technology, payment method verification, and other means to verify User's location and compliance with this Section 2. Provider may refuse service, reject orders, or terminate access based on suspected access from Restricted Jurisdictions.

Section 3 - Product and Services

3.1 Product Description

The Product consists of algorithmic trading software designed for use with third-party trading platforms, brokers, and market data providers. The Product: (a) Executes trading decisions based on pre-programmed algorithms; (b) Requires User configuration, parameter selection, and active monitoring; (c) Operates according to User-defined inputs and settings; (d) Does NOT exercise independent judgment or decision-making authority; (e) Is a software tool only and does NOT constitute investment advice or discretionary portfolio management.

3.2 No Advice, Recommendation, or Solicitation

Provider does NOT: (a) Provide investment advice, financial planning, tax advice, or legal advice; (b) Make trading recommendations, signals, forecasts, or market predictions; (c) Offer discretionary investment management; (d) Assess the suitability of the Product for any particular User; (e) Guarantee any level of performance or results; (f) Act as a broker, dealer, investment advisor, or fiduciary. The Product is offered on a non-advised, execution-only basis.

3.3 User Sole Responsibility

You are solely and exclusively responsible for: (a) Determining whether the Product is suitable for your circumstances; (b) Configuring and monitoring the Product's operation; (c) All trading decisions, outcomes, profits, and losses; (d) Ensuring compliance with all applicable laws and regulations; (e) Seeking independent professional advice; (f) Implementing appropriate risk management; (g) Continuously monitoring the Product and intervening immediately if errors or unintended behavior occur.

3.4 Product Modifications

Provider reserves the right to: (a) Modify, update, enhance, or discontinue the Product at any time without notice; (b) Change Product functionality, algorithms, or user interface; (c) Require Users to install updates to continue using the Product; (d) Cease offering the Product for new Purchases. Such modifications do not entitle User to refunds or compensation unless expressly required by mandatory law.

Section 4 - Purchases and Payment

4.1 Payment Processing

All payments for Purchases are processed by Provider through third-party payment service providers including but not limited to Stripe, Inc. and PayPal. By making a Purchase, you agree to comply with the applicable payment processor's terms of service. Provider is not responsible for payment processing errors, delays, security breaches, or data handling practices of payment processors.

4.2 Pricing and Currency

Prices are displayed in USD and are subject to change at any time without notice. The price displayed at the time of completing your Purchase is the price you agree to pay. Provider reserves the right to modify prices, offer discounts, or special pricing at any time. Pricing may vary by geography, User type, or promotional period.

4.3 Taxes and Duties

Prices displayed do NOT include VAT, GST, sales tax, or other indirect taxes unless expressly stated. If you are located in the European Union or other jurisdiction where VAT applies, applicable taxes will be added at checkout. You are solely responsible for determining and paying all applicable taxes. Provider does not provide tax advice.

4.4 Payment Authorization and Confirmation

By submitting an order, you authorize Provider to charge the payment method provided for the full amount. Purchases are confirmed only upon successful payment processing. Provider reserves the right to refuse or cancel any order for any reason, including suspected fraud, payment processor failure, suspected access from Restricted Jurisdictions, violation of these Terms, or technical errors. If cancelled, payment will be refunded to the original payment method.

4.5 Subscription Services (If Applicable)

If you purchase a subscription-based Product or Service: (a) Subscriptions automatically renew unless cancelled prior to renewal; (b) You authorize automatic charges for each renewal period; (c) Subscription fees are non-refundable except as provided in Section 5; (d) You may cancel at any time through your Account settings; (e) No refunds or credits are provided for partial billing periods.

Section 5 - Refunds and Cancellations

5.1 30-Day Money-Back Guarantee

Provider offers a limited 30-day money-back guarantee from the date of Purchase, subject to the conditions set out in this Section 5.

A refund request may be approved only if ALL of the following conditions are satisfied: (a) The request is submitted within 30 days of the Purchase date; (b) User submits a written refund request to info@forexeasolutions.com including order number, purchase date, and reason for the request; (c) User has not engaged in fraudulent, abusive, or prohibited conduct; (d) User has not previously received a refund for the same Product or engaged in repeated refund requests.

Provider's determination of whether to grant a refund is made in Provider's reasonable discretion, final and binding, and not subject to appeal.

Refunds will NOT be granted for: requests made after 30 days, violation of these Terms, fraudulent payment methods, or repeated/abusive refund requests.

5.2 EU Consumer Right of Withdrawal

By purchasing the Product, you expressly consent to immediate delivery and acknowledge that your right of withdrawal may be lost once the Product is accessed, downloaded, or used, in accordance with Article 16(m) of Directive 2011/83/EU.

5.3 Refund Processing

If a refund is approved: (a) It will be processed within 14 days of approval; (b) It will be issued to the original payment method; (c) Your license will be revoked immediately; (d) You must cease all use and delete all Product-related materials; (e) Provider may request written confirmation of deletion.

5.4 Chargebacks and Payment Disputes

If you initiate a chargeback or payment dispute without first contacting Provider, Provider reserves the right to: immediately terminate your Account and access, pursue legal action, report the incident to fraud prevention agencies, and permanently ban you from future Purchases. If you have a billing concern, you must contact Provider at info@forexeasolutions.com before initiating any chargeback.

Section 6 - Intellectual Property

6.1 Ownership

All intellectual property rights in the Product, including software code, algorithms, trade secrets, user interfaces, documentation, trademarks, patents, copyrights, and all modifications and derivative works, are and shall remain the exclusive property of Provider and its licensors. No ownership or intellectual property rights are transferred to User.

6.2 Limited License

Subject to your compliance with these Terms and payment of all applicable fees, Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) Download, install, and use the Product for your personal trading purposes only; (b) Use the Product on up to 10 devices or trading accounts simultaneously, unless a different limit is specified; (c) Access documentation and support materials provided with the Product.

6.3 License Restrictions

You may NOT: (a) Reverse engineer, decompile, disassemble, or attempt to derive the source code; (b) Modify, adapt, translate, or create derivative works; (c) Sell, rent, lease, sublicense, distribute, or transfer the Product; (d) Use for commercial purposes beyond your own personal trading; (e) Remove or alter any proprietary notices; (f) Circumvent any security or licensing mechanisms; (g) Share your license key or credentials with any third party; (h) Copy the Product except as strictly necessary for installation or backup; (i) Use to develop competing products.

6.4 Termination of License

Your license terminates immediately upon: any breach of these Terms, non-payment of fees, termination of your Account, Provider's termination of the Product, or expiration of a time-limited license. Upon termination, you must immediately cease all use, permanently delete all copies, and provide written certification of deletion upon request.

6.5 Proprietary Rights Enforcement

Provider reserves all rights not expressly granted, actively protects its intellectual property, and will take legal action against unauthorized use. User agrees to cooperate with Provider's efforts to investigate and enforce intellectual property rights.

Section 7 - Risk Disclosure and Warnings

7.1 Trading Risk

TRADING FINANCIAL INSTRUMENTS, INCLUDING BUT NOT LIMITED TO FOREIGN EXCHANGE (FOREX), CONTRACTS FOR DIFFERENCE (CFDs), FUTURES, OPTIONS, STOCKS, COMMODITIES, AND CRYPTOCURRENCIES, INVOLVES SUBSTANTIAL RISK OF LOSS. YOU MAY LOSE ALL INVESTED CAPITAL. YOU MAY LOSE MORE THAN YOUR INITIAL INVESTMENT.

The Product is a software tool only. Provider does NOT guarantee that the Product will: (a) Function without interruption, error, or defect; (b) Operate correctly with any specific trading platform, broker, or configuration; (c) Execute trades as intended or at desired prices; (d) Perform consistently with backtests or historical data; (e) Remain compatible with third-party platforms following updates; (f) Achieve any particular trading outcome; (g) Function correctly under all market conditions.

Software bugs, errors, or malfunctions may result in: unintended trading activity, failure to execute trades, incorrect order sizing, loss of connection, data corruption, system crashes, or inability to close positions.

USER ASSUMES ALL RISKS ASSOCIATED WITH SOFTWARE FUNCTIONALITY, PERFORMANCE, RELIABILITY, COMPATIBILITY, AND OPERATION.

The Product requires continuous, active user monitoring. You are solely responsible for monitoring performance in real-time, intervening immediately if errors occur, maintaining backup systems, testing thoroughly before live use, understanding the algorithms, and setting appropriate risk limits.

NEVER USE THE PRODUCT IN A "SET AND FORGET" MANNER. NEVER LEAVE THE PRODUCT RUNNING UNATTENDED FOR EXTENDED PERIODS WITHOUT ACTIVE MONITORING.

7.2 No Guarantee of Profitability

Provider does NOT guarantee: (a) That use of the Product will result in profits; (b) Any specific level of performance or return; (c) That the Product will outperform manual trading or any benchmark; (d) That the Product is suitable for any particular User's financial situation.

7.3 Past Performance Not Indicative of Future Results

PAST PERFORMANCE, BACKTESTS, SIMULATIONS, HYPOTHETICAL RESULTS, TESTIMONIALS, OR PERFORMANCE CLAIMS ARE NOT INDICATIVE OF FUTURE RESULTS. DO NOT RELY ON PAST PERFORMANCE WHEN MAKING TRADING OR INVESTMENT DECISIONS.

7.4 Leverage Risk

Leverage magnifies both gains and losses. Small adverse price movements can result in losses exceeding your initial investment. You may be required to deposit additional funds on short notice, and your broker may forcibly close positions at a loss. In extreme cases, you may experience negative account balances.

7.5 Market and External Risks

You acknowledge and accept: (a) Market volatility and unpredictability; (b) Liquidity risk and wide spreads; (c) Slippage and execution risk; (d) Gap risk over weekends and during news events; (e) Broker and platform outages, failures, or insolvency; (f) Potential changes in laws and regulations.

7.6 User Acknowledgment

By purchasing and using the Product, you acknowledge that: (a) You have read and understood all risk disclosures; (b) You understand the substantial risks of trading and algorithmic software; (c) You can afford to lose all allocated funds; (d) You have not been induced or pressured by Provider; (e) You have sought or had the opportunity to seek independent professional advice; (f) You are solely responsible for all trading outcomes; (g) You do not hold Provider liable for any losses.

Section 8 - Disclaimers and Limitation of Liability

8.1 "As Is" and "As Available" Disclaimer

THE PRODUCT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, UNINTERRUPTED OPERATION, ERROR-FREE PERFORMANCE, COMPATIBILITY, AND SECURITY.

8.2 Exclusion of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM: TRADING LOSSES, PRODUCT DEFECTS, DATA LOSS, SECURITY BREACHES, REGULATORY ACTIONS, THIRD-PARTY FAILURES (INCLUDING PAYMENT PROCESSORS, HOSTING PROVIDERS, BROKERS, AND TRADING PLATFORMS), BROKER ACCOUNT TERMINATION, COMPATIBILITY ISSUES, USER ERROR, RELIANCE ON INFORMATION, FORCE MAJEURE, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

This exclusion applies regardless of the legal theory asserted, including contract, tort, negligence, strict liability, misrepresentation, breach of statutory duty, product liability, or any other theory.

8.3 Liability Cap

If Provider is found liable for any reason, Provider's total aggregate liability shall not exceed the lesser of: (a) The total fees paid by User for the specific Product in the 12 months preceding the claim; or (b) EUR 100. This cap applies per User, in the aggregate, regardless of legal theory.

8.4 Essential Basis of Bargain

The disclaimers and limitations in this Section 8 are fundamental elements of the agreement, reflected in the pricing, and necessary conditions for Provider to offer the Product. The Product would not be offered at the current price without these limitations.

8.5 Statutory Rights and Consumer Protections

Nothing in these Terms excludes liability that cannot legally be excluded under applicable mandatory law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation. For EU consumers: your statutory rights under EU consumer protection laws are not affected by these Terms. In case of conflict, mandatory consumer protection provisions shall prevail.

Section 9 - Third-Party Services

9.1 Broker and Trading Platform Integration

The Product is designed to integrate with third-party trading platforms and brokers. Provider does NOT own, operate, control, or have any affiliation with any trading platform or broker. Provider is NOT responsible for their conduct, operations, solvency, or regulatory status, and does NOT guarantee compatibility or continued operation with any particular broker or platform.

9.2 Payment Processors

Payments are processed by third-party providers (Stripe, PayPal, etc.). Provider does NOT control payment processor systems, is NOT responsible for processing errors or security breaches, does NOT store complete payment card information, and is NOT liable for unauthorized charges related to payment processor systems.

9.3 Hosting, Infrastructure, and Technical Services

The Store and Product delivery may rely on third-party hosting providers, cloud services, CDNs, and other technical service providers. Provider is NOT liable for failures, outages, or service interruptions caused by such providers.

9.4 User Responsibility for Third-Party Services

You are solely responsible for: selecting and evaluating third-party services, conducting your own due diligence, reviewing their terms of service, ensuring compliance with their requirements, resolving disputes directly with such services, and assuming all risks associated with their use.

9.5 No Endorsement

Provider's mention of or integration with any third-party service does NOT constitute an endorsement or recommendation.

9.6 Third-Party Service Provider Liability

Profalgo Limited assumes full responsibility for the Product and Services. All claims, disputes, or issues shall be directed exclusively to Profalgo Limited.

To the maximum extent permitted by law, all third-party service providers involved in the operation, hosting, delivery, or technical support of the Product shall have no liability whatsoever to the User under any legal theory. User acknowledges they have no contractual relationship with any such third-party provider and will not bring any claim against them.

Section 10 - Data Protection and Privacy

10.1 Privacy Policy

The collection, use, processing, storage, and protection of your personal data is governed by Provider's Privacy Policy, available at /privacy and in the Store footer. By using the Product or Services, you acknowledge that you have read and consent to the practices described in the Privacy Policy.

10.2 Data Controller

Provider is the sole and exclusive data controller (within the meaning of the GDPR) for all personal data collected through the Store, Product, Services, or User Accounts. No third party acts as a joint controller. Any data processing by third-party service providers is conducted strictly on behalf of Provider as data processors under written instructions pursuant to GDPR Article 28.

User's data protection rights are exercisable solely against Provider. All data subject requests must be directed to Provider at the contact information in Section 16.

10.3 EU Users - GDPR Rights

For Users in the EU/EEA, you have the following rights: Right of Access, Right to Rectification, Right to Erasure, Right to Restriction of Processing, Right to Data Portability, Right to Object, and Rights Related to Automated Decision-Making. To exercise your rights, contact Provider at info@forexeasolutions.com.

10.4 Data Security

Provider implements reasonable technical and organizational measures to protect personal data. However, no system is completely secure. Provider cannot guarantee absolute security and is not liable for security breaches except as required by mandatory law.

Section 11 - Prohibited Conduct

11.1 Prohibited Actions

You must NOT: (a) Use for any illegal or unauthorized purpose; (b) Reverse engineer, decompile, or disassemble; (c) Access without authorization; (d) Circumvent security mechanisms; (e) Share credentials or license keys; (f) Resell, sublicense, or redistribute; (g) Upload viruses or malicious code; (h) Interfere with Provider's systems; (i) Use bots or automated tools to access the Store; (j) Provide false information; (k) Impersonate any person or entity; (l) Harass, threaten, or abuse Provider or others; (m) Infringe intellectual property rights; (n) Use for competitive activities; (o) Access from Restricted Jurisdictions; (p) Initiate unjustified chargebacks; (q) Violate securities or financial regulations; (r) Any other use that Provider determines is inappropriate.

11.2 Consequences

Violations may result in: immediate suspension or termination without notice or refund, license revocation, legal action, reporting to authorities, liability for all costs and damages, and permanent ban from future Purchases.

11.3 Cooperation with Investigations

You agree to cooperate fully with Provider's investigation of suspected violations, including providing information and documentation as reasonably requested.

Section 12 - Termination

12.1 Termination by User

You may terminate your Account at any time by contacting Provider at info@forexeasolutions.com, permanently deleting the Product, and ceasing all use. Termination does NOT entitle you to a refund except as provided in Section 5.

12.2 Termination by Provider

Provider may suspend or terminate your Account immediately and without notice if: (a) You breach these Terms; (b) Your use poses a security, legal, or reputational risk; (c) Provider suspects fraud or abuse; (d) Required by law or regulation; (e) Provider determines termination is necessary; (f) Provider ceases offering the Product.

12.3 Effects of Termination

Upon termination: (a) Your license terminates immediately; (b) You must cease all use; (c) You must delete all copies of the Product; (d) No refunds for unused portions except as required by Section 5 or mandatory law; (e) Provider may retain or delete your data per the Privacy Policy; (f) You remain liable for all outstanding obligations.

12.4 Survival

Sections 1.1(c) (No Third Parties), 6 (Intellectual Property), 7 (Risk Disclosure), 8 (Disclaimers and Limitation of Liability), 10 (Data Protection), 13 (Indemnification), 14 (Governing Law and Disputes), and any other provisions that by their nature should survive, survive termination of these Terms.

Section 13 - Indemnification

13.1 User Indemnification

You agree to indemnify, defend, and hold harmless Provider, Profalgo Limited, and its officers, directors, shareholders, employees, agents, contractors, affiliates, subsidiaries, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) Your breach of these Terms; (b) Your use or misuse of the Product; (c) Your trading activity and losses; (d) Violation of any laws; (e) Access from Restricted Jurisdictions; (f) False representations; (g) Regulatory proceedings resulting from your conduct; (h) Third-party claims; (i) Third-party service failures you allege Provider should have prevented; (j) Prohibited conduct; (k) Data breaches due to your negligence; (l) Intellectual property infringement; (m) Chargebacks and payment disputes; (n) Any other act or omission related to your use.

13.2 Defense and Settlement

Provider may assume exclusive defense and control of any indemnified matter. You shall cooperate fully and may not settle any claim without Provider's written consent. Provider may retain counsel of its choice at your expense.

13.3 Indemnification Procedure

Provider will provide written notice of claims. You have 10 business days to respond and indicate whether you will assume defense. If you fail to respond or decline, Provider may assume defense at your expense.

13.4 No Limitation

Indemnification obligations are in addition to all other remedies available to Provider, independent of other provisions, and not subject to the liability cap in Section 8.3.

13.5 Survival

Indemnification obligations survive termination of these Terms and remain enforceable indefinitely (or for the maximum period permitted by applicable law).

Section 14 - Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed exclusively by the substantive laws of Malta, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

14.2 Dispute Resolution

Pre-Dispute Negotiation (Mandatory): Before initiating formal proceedings, the parties shall attempt good-faith negotiation for 30 days. The complaining party must send written notice to the other party describing the dispute and desired resolution. Provider's contact: info@forexeasolutions.com.

Binding Arbitration: If negotiation fails, disputes shall be resolved through binding arbitration administered by the Malta Chamber of Commerce under Malta Arbitration Centre Rules. The seat of arbitration shall be Malta, proceedings shall be in English, and decided by a single arbitrator. Proceedings are confidential. Each party bears its own legal fees; arbitrator's fees are allocated per the applicable rules.

Arbitral Award: The award shall be final and binding. It may be entered as a judgment and enforced under the New York Convention.

Exceptions to Arbitration: Intellectual property claims seeking injunctive relief, small claims court actions (individual only), and claims that cannot lawfully be arbitrated.

CLASS ACTION WAIVER: ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE PROCEEDINGS.

14.3 Forum and Jurisdiction

If arbitration does not apply, the exclusive forum shall be the courts of Malta. You irrevocably consent to their jurisdiction and waive any objection to venue.

14.4 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY.

14.5 EU Consumer Rights

For EU/EEA consumers: nothing in this Section affects your mandatory rights, including the right to bring proceedings in your country of residence. You may use the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. Provider's email for ODR purposes: info@forexeasolutions.com.

14.6 Costs and Attorneys' Fees

Each party shall bear its own costs unless otherwise awarded. The prevailing party may be awarded reasonable fees. A party bringing a frivolous claim may be required to pay the other party's expenses in full.

14.7 No Statute of Limitations Extension

Any claim must be filed within one (1) year after the cause of action arose. After such period, the claim is permanently barred.

Section 15 - General Provisions

15.1 Amendments and Modifications

Provider reserves the right to amend these Terms at any time. Users will be notified of material changes via updated Terms on the Store, email notice, or Store notification. Continued use after changes become effective constitutes acceptance. If you do not agree, you must immediately cease using the Product.

15.2 Entire Agreement

These Terms, together with the Privacy Policy, any Purchase confirmation, and any other documents expressly incorporated by reference, constitute the entire agreement between you and Provider regarding the Product and Services.

15.3 Severability

If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All remaining provisions remain in full force and effect.

15.4 Waiver

Provider's failure to enforce any provision does not constitute a waiver. No waiver shall be implied from conduct. Any waiver must be in writing. A waiver on one occasion does not constitute a waiver on any other occasion.

15.5 Assignment

You may NOT assign these Terms without Provider's written consent. Provider may freely assign these Terms to any affiliate, successor, or third party.

15.6 Force Majeure

Provider shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including natural disasters, wars, government actions, labor disputes, internet or infrastructure failures, cyberattacks, power outages, or failures by third-party providers. During such events, Provider's obligations are suspended.

15.7 Notices

Notices to Provider must be sent to: Profalgo Limited, 36, St Dminka Street, Victoria VCT 9030, Gozo, Malta, or via email to info@forexeasolutions.com with subject line "Legal Notice". Notices to User will be sent to the email address associated with your Account or posted on the Store.

15.8 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. User and Provider are independent contracting parties.

15.9 Third-Party Beneficiaries

Except as provided in Section 13, these Terms do not confer any rights upon any third party.

15.10 Headings

Section headings are for convenience only and do not affect interpretation.

15.11 Language

These Terms are in English. Any translation is for convenience only; the English version prevails.

15.12 Electronic Communications

You consent to receive communications electronically. Electronic communications satisfy any legal requirement for written communications.

15.13 Export and Sanctions Compliance

You represent that you are not located in any sanctioned country or designated on any sanctions list. You shall not use the Product in violation of export control laws or trade restrictions. Provider may suspend access if you become subject to sanctions.

Section 16 - Contact Information

For questions, support, complaints, refund requests, or all other inquiries:

For EU consumers: you may use the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. Provider's email for ODR purposes: info@forexeasolutions.com.