Titanium Financial Technology

Terms of Use Agreement

Last updated: February 2023

1. How to read this Agreement

The headings are for reference only. Some capitalised terms have specific definitions in section 3.

2. Why you should read this Agreement

2.1 These are the terms and conditions on which we provide our Services to you.

2.2 Please read this Agreement carefully before you start to use our Services. This Agreement tells you who we are, how we will provide the Services to you, how this Agreement may be changed or ended, what to do if there is a problem and other important information. If you think that there is a mistake in this Agreement or require any changes, please contact us to discuss.

2.3 This Agreement refers to the following additional documents, which also apply to your use of our Services:

(a) Our Privacy Policy, which sets out the terms on which we process any personal data we collect about you, or that you provide to us. By using our Services, you consent to such processing and you promise that all data provided by you is accurate.

(b) Our Cookie Policy, which sets out information about the "cookies" on our Website.

2.4 All future changes set out in the features section of our Website at the time you sign-up for our Services are incorporated into this Agreement.

2.5 By visiting our Website and/or using our Services, you confirm that you accept and agree to this Agreement (including the updates and the additional documents referred to above). If you do not agree, please do not use our Services.

2.6 You can always see the most current version of this Agreement on our Website under "Terms of use"

3. Definitions

Business Day means a day other than a Saturday, Sunday or a public holiday in England when banks in London are open for business.

Services means all products, services, content, features, technologies or functions offered by us on the Website, applications and services.

TFT Account means the account you have opened with us in accordance with the terms of this Agreement.

Website means any webpage, including but not limited to socialtradertools.com, where we provide the Services to you.

4. TFT Website & Services

4.1 We license the use of the Website to you on the basis of this Agreement We do not sell the Website to you. We remain the owners of the Website at all times.

4.2 In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use the Services subject to this Agreement. We reserve all other rights.

5. Who are we and how to contact us

5.1 Titanium Financial Technology is a company incorporated under the laws of Mauritius with company number C1344734 ("TFT", "we", "us", or "our" as applicable).

5.2 Our registered office is 6th Floor, Tower 1 Nexteracom Building, Ebene, Plaines Wilhems, Mauritius 72201.

5.4 You can contact us by email or via the Website. Our contact details are provided on the "Contact" page of our Website.

6. Who can use our Services

6.1 If you are not an individual, you confirm that you have authority to bind any business or entity on whose behalf you use our Services, and that business or entity accepts these terms.

6.2 You commit to us that by opening a TFT Account and/or using the Services, it does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.

7. Your TFT Account

7.1 About your TFT Account

(a) Your TFT Account is an online platform that allows you to access our Services with a single log in. Your activity will be shown in your TFT Account

(b) We are only responsible for our Services

(f) Certain limits (including age related restrictions) may be placed on your TFT Account depending on your country of residence, verification checks or other legal considerations.

(g) Unless you have our consent in writing, you must not allow anyone to operate your TFT Account on your behalf.

8. Getting started

8.1 To start using our Services, you must open a TFT Account and provide your details as prompted.

8.2 All information you provide to us must be complete, accurate and truthful. You must update this information whenever it changes. We cannot be responsible for any financial loss arising out of your failure to do so.

8.3 All activities under a TFT Account shall be deemed as activities carried out by the registered user. You shall only use the Services to transact on your own account and not on behalf of any other person or entity.

9. Online Security

9.1 Keeping your TFT Account safe

(i) You must:

(a) Change your password regularly and ensure that it isn't reused across other online accounts

(b) Keep your e-mail account secure. You may reset your TFT Account password using your email address.

(ii) You must not:

(a) Disclose your TFT Account password or your login

(b) Let anyone access your TFT Account or watch you accessing it.

(c) Use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.

9.2 If you suspect your TFT Account or other security credentials are stolen, lost, used without your authorisation or otherwise compromised, you must change your password. Any undue delays may affect the security of your TFT Account and also result in financial losses for you.

10. Maintaining your TFT Account

10.1 Your activity is recorded in your TFT Account. You may access this information after you log in to your TFT Account.

11. How much will you pay?

11.1 You must pay the fees in connection with the use of our Services. We will not process your transaction until we have received the fees from you.

11.2 We will let you know the exact amount payable by you when you set up your order. You can see our fee structure on the "Pricing" page of the Website. For clarity, the fees applicable to you as set out on the "Pricing" page forms part of this Agreement which may be subject to change as set out in section 20.

11.3 You agree that we are authorised to deduct our fees and/or any amounts you owe us (whether directly or through a subscriptions provider). Until our fees are paid, we will not provide any Services to you.

11.4 We have commission agreements in place with brokers and other counterparts whereby we may receive a fee from them when you access or use a service related to those parties.

12. Closing your TFT Account

12.1 You may end this Agreement and close your TFT Account at any time by contacting us or by not renewing your subscription. No refund will be given for subscriptions already purchased.

12.2 At the time of closure, if you are still using our Services, you must ensure that you have all the relevant information you require as you will not be able to access this information following the closure of your TFT Account.

12.3 You agree that you will continue to be responsible for all obligations related to your TFT Account even after it is closed.

13. Intellectual property rights

13.1 While you are using our Services, you may use the TFT Materials only for your personal use and solely as necessary in relation to those Services.

13.2 "TFT Materials" include any software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for use or download from our Website. You may not, and may not attempt to, directly or indirectly:

1. transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Service or the TFT Materials to any person or entity

2. remove, obscure, or alter any notice of any of our trademarks, or other "intellectual property" appearing on or contained within the Services or on any TFT Materials

3. modify, copy, tamper with or otherwise create derivative works of any software included in the TFT Materials

4. reverse engineer, disassemble, or decompile the TFT Materials or the Services or apply any other process or procedure to derive the source code of any software included in the TFT Materials or as part of the Services.

5. Our responsibility for loss or damage

14.1 If we do not reasonably meet our commitments to you, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Our liability to you is limited to your last fee payment to us. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during your account sign up process.

14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our gross negligence or the gross negligence of our employees, or fraud/fraudulent misrepresentation.

14.3 If you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.4 We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of our Services.

14.5 We have no control over websites or apps linked to and from our Website and anything else offered by anyone but us. We assume no responsibility for their content or any loss or damage that may arise from your use of them.

14.6 We rely on you to regularly check the transactions history of your TFT Account and to contact us immediately in case you have any questions or concerns.

14.7 We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control.

14.8 In the event of loss, claims, costs or expenses (including reasonable legal fees) arising out of your breach of this Agreement, any applicable law or regulation and/or your, or any authorised third parties', use of our Services, you agree to defend, compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.

14.9 In the event you are liable for any amounts owed to us, we may immediately remove such amounts from your TFT Account (if available). If there are insufficient funds in your TFT Account to cover your liability, we reserve the right to collect your debt to us by using any payments received in your TFT Account and otherwise you agree to reimburse us through other means. We may also recover amounts you owe us through other collection avenues, including, without limitation, through the use of a debt collection agency. We may recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Agreement.

15. Accessing our Services

15.1 We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services. If you have granted permission to a third party to access your account, we may refuse access to that third party if we are concerned about unauthorised or fraudulent access by that third party. We will give you notice if we do this, either before or immediately after we refuse access, unless notifying you would be unlawful or compromise our reasonable security measures.

16. Information Security

16.1 You are responsible for configuring your information technology, computer programmes and platforms in order to access our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from bugs or viruses.

16.2 You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, our servers, computers or databases. You must not attack our Website with any type of denial of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or our Services will cease immediately.

17. Linking to our site

17.1 You may link to our Website, provided:

(a) you do so in a way that is fair and legal and does not damage or take advantage of our reputation

(b) you do not suggest any form of association, approval or endorsement by us where none exists

(c) you do not frame our Website on any other site

We reserve the right to withdraw linking permission without notice.

18. Ending this Agreement or suspending our Services

18.1 We may end this Agreement and close your TFT Account or any service associated with it by giving you one months' prior notice.

18.2 We may at any time suspend or close your TFT Account and/or end this Agreement without notice if:

(a) you breach any provision of this Agreement or documents referred to in this Agreement

(b) we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency

(c) we have reason to believe you are in breach of any applicable law or regulation; or

(d) we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.

18.3 We may suspend your TFT Account or restrict its functionality if we have reasonable concerns about:

(a) the security of your TFT Account; or

(b) suspected unauthorised or fraudulent use of your TFT Account.

18.4 We will give you notice of any suspension or restriction and the reasons for such suspension or restriction as soon as we can, either before the suspension or restriction is put in place, or immediately after, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

19. Our right to make changes

19.1 We may change this Agreement by giving you at least one months' prior written notice. If we do this, you can terminate this Agreement by not renewing your subscription. If you renew your subscription, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice.

19.2 Despite section 20.1, changes to this Agreement which are (1) more favourable to you; (2) required by law; or (3) related to the addition of a new service, extra functionality to the existing Service; or (4) changes which neither reduce your rights nor increase your responsibilities, will come into effect immediately.

20. Contacting You

20.1 We usually contact you via email. For this purpose, you must always maintain at least one valid email address in your TFT Account profile. You should check for incoming messages regularly as these emails may contain links to further communication on our Website. If you don't maintain or check your email and other methods of communications, you will miss emails about your transactions and our Services. We cannot be liable for any consequence or loss if you don't do this. If we have reasonable concerns either about the security of your TFT Account, or any suspected or actual fraudulent use of your TFT Account, we will contact you via telephone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures).

20.2 In addition to communicating via email, we may contact you via letter or telephone where appropriate. Any communications or notices sent by:

1. Email will be deemed received by you on the same day if it is received in your email inbox before 5pm on a Business Day. If it is received in your email inbox after 5pm on a Business Day or at any other time, it will be deemed received on the next Business Day.
2. Post will be deemed received three days from the date of posting for UK post or within five days of posting for international post.

20.3 Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. Do keep copies of all communications we send or make available to you.

21. Sophisticated Financial Instruments

We are a vendor of internet hosting software products. You should be aware that the use of elements of this product may require regulation in some jurisdictions. You confirm that you are compliant with all regulatory and legal requirements applicable to you. Furthermore, by using the Services provided by us, you agree and acknowledge that you have not been solicited or marketed to by TFT or any of its representatives. You also confirm that you have sought out TFT’s Services of your own exclusive initiative and are not acting on behalf of any third party. TFT does not engage in unsolicited marketing or promotion of its services, and all communications with you are conducted once you start using our Service as a software provider. Spread bets and contracts for difference are leveraged products. They may not be suitable for you as they carry a high degree of risk to your capital, and you can lose more than your initial payment. You should ensure you understand all the risks. The Services provided are not a trading recommendation, but rather a set of tools to facilitate the execution of a specified analysis method. This information should only be used if you are aware of the risk inherent with trading. You are responsible for any trades generated and it is highly recommended that you test any functionality in a demonstration environment to verify that it in fact functions to your expectation.

22. Other Terms

21.1 This Agreement is between you and us and no other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end or make any changes to this Agreement.

21.2 You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement without our prior written consent. We reserve the right to transfer, assign or novate this Agreement or any right or obligation under this Agreement at any time without your consent. This does not affect your rights to close your TFT Account under section 18.

21.3 Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

21.4 If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.

21.5 This Agreement supersedes and extinguishes all previous agreements between you and TFT, whether written or oral, relating to its subject matter.

21.6 This Agreement is governed by English law, and any dispute between you and us in connection with this Agreement may be brought in the courts of England and Wales.

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