Terms and Conditions

Introduction and Acceptance

Welcome to our mobile trading application (the "App"). These Terms and Conditions ("Terms") govern your use of the App and form a legal agreement between you and the App's provider ("Company," "we," or "us"). By downloading, installing, or using the App, or by creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the App. These Terms apply to all users of the App in the United States, the European Union, and elsewhere. We may update these Terms from time to time, and will notify you of any material changes. Your continued use of the App after changes are posted constitutes acceptance of the revised Terms.

Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use this App. By using the App, you represent that you are legally capable of entering into a binding contract and that you are not barred from using the App under any applicable laws. You are responsible for ensuring that your use of the App complies with all laws and regulations that apply to you, including financial and trading regulations in your region.

Account Registration and Security

To access certain features, you will need to create an account. During registration, you must provide accurate, current, and complete information, including a valid email address and your name. You agree to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you become aware of any unauthorized access or breach of security for your account, you must notify us immediately. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.

Subscription and Fees

Subscription Required

The App is offered on a subscription basis. Some features or content may only be accessible with a paid subscription. Details of subscription plans (such as applicable fees, billing frequency, and features included) will be provided within the App or on our website.

Auto-Renewal

Unless otherwise stated, subscriptions will automatically renew at the end of each billing cycle (e.g., monthly or annually) and you will be charged in advance for the next cycle using the payment method you provided. By subscribing, you authorize us (or the app store platform) to charge the subscription fee to your chosen payment method on a recurring basis until you cancel.

Billing and Payment

Subscription fees are charged through the Apple App Store or Google Play Store (depending on your device) or another authorized payment processor. All billing will be handled according to the terms and conditions of the platform through which you subscribed. You must ensure your payment information is accurate and up to date. If a payment is not successfully settled (due to expiration, insufficient funds, or otherwise) and you do not cancel your account, we may suspend your access to the App until payment is received.

Cancellation

You may cancel your subscription at any time. If you subscribed via an app marketplace (Apple App Store or Google Play), you must cancel through that platform's subscription management settings. Cancellation will take effect at the end of the current billing period. No refunds will be issued for the current subscription period except as required by law or explicitly stated by us. You will retain access to the App's subscription features until the end of your paid period, after which your access may downgrade to free or limited features.

Changes to Fees

We reserve the right to change our subscription plans or fees. If we change the price of your subscription, we will provide advance notice to you. Price changes will apply only to billing cycles after the notice (unless otherwise required by applicable law). If you do not agree to a price change, you may cancel your subscription before the new price takes effect.

License and Acceptable Use

License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on your personal iOS or Android device, solely for your own personal, non-commercial use, and strictly in accordance with these Terms. All rights not expressly granted to you are reserved by the Company.

Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You will not:

• Resell or Unauthorized Use: Reproduce, distribute, publish, sell, or resell any part of the App or the content/features within it, except as expressly permitted by us. This includes not sharing your subscription content or signals with others in a manner not allowed by the App.
• Reverse Engineering: Copy, modify, adapt, decompile, disassemble, or reverse engineer any part of the App or its software, except as allowed by law for interoperability (and then only after providing us with prior written notice).
• Interfere or Disrupt: Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use. This includes not introducing viruses or any harmful code, not circumventing security features, and not attempting to gain unauthorized access to the App, other user accounts, or connected networks.
• Unlawful or Abusive Conduct: Use the App to engage in any illegal activities, fraudulent activities, or conduct that infringes others' rights. You shall not use the App to transmit any offensive, defamatory, or otherwise objectionable content.
• Data Mining: Use any automated means (such as bots, scrapers, or spiders) to access the App, collect data, or otherwise interact with the App's systems, except as may be expressly permitted by us. You agree not to exploit the App's data, signals, or any part of its content for any commercial purpose outside the App without our permission.

Violation of this Acceptable Use section may result in immediate termination or suspension of your account without notice, and may subject you to legal consequences.

App Features and Third-Party Data

The App provides several core features to help visualize market data and trading signals in an intuitive, surf-themed way. Features include real-time price charts with wave overlays ("Surf the Symbol" screen), a live feed of trading signals ("Signal Breaks" dashboard), visual buy/sell zones ("Live Paddle and Wipeout Zones" tracker), and educational content ("Surf School") using surfing analogies to explain trading concepts. While we strive to make these features useful and fun, you acknowledge and agree to the following in relation to the App's content:

• Market Data: The real-time charts and market information displayed in the App are provided through third-party data providers (for example, financial market data APIs such as Polygon.io). We do not guarantee that the data is accurate, up-to-date, or complete. There may be delays, omissions, or inaccuracies in the information. You should independently verify any critical data before making trading decisions. We are not responsible for any errors or omissions in market data or any delays or interruptions in data delivery.
• Third-Party Services: Some features of the App (such as charts or news links) may integrate or reference third-party services or content. These third-party services have their own terms and privacy policies, and you may be required to agree to those terms separately. We do not endorse or assume responsibility for third-party services or content. Any use of third-party content is at your own risk.
• Educational Content: The App's "Surf School" and other educational materials are provided for general information and learning purposes. While we use surfing terminology (e.g., "Paddle Zone" for potential buy zone, "Wipeout Zone" for potential sell zone, "Up Swell" for upward momentum, "Down Crash" for downward momentum, and "Wipeout Signals" for trigger signals) to make learning engaging, this content remains generic educational information. We do not guarantee that any strategies or concepts discussed will result in profitable trades. Always use your own judgment and consider seeking professional advice when in doubt.
• No Endorsement: Reference to any specific financial instruments, services, or markets (for example, any particular stock, cryptocurrency, or other "symbol" on a chart) does not constitute any endorsement or recommendation by the Company. They are simply used to illustrate features or because you have selected them within the App for analysis.

Risk Disclosure

Trading and investing in financial markets involve substantial risk. By using this App, you acknowledge and accept the following risk disclosures:

• Market Risk: The value of securities or financial instruments can go up or down. Markets can be affected by a variety of factors such as economic conditions, news events, and market sentiment. There is no guarantee that any trading strategy or signal will result in profits or avoid losses. Volatile assets (for example, certain stocks or cryptocurrencies) may experience rapid and extreme price fluctuations. You should be prepared for the possibility of losing some or all of your investment.
• No Guarantee of Results: "Riding the market waves" as presented in our App is an analogy for a trading approach, but it is not a promise of success. All strategies, indicators, and signals provided are experimental and educational. Past examples or back-tested results are not guarantees of actual future performance.
• Personal Responsibility: You are responsible for your own trading decisions. Using the App's tools or signals does not reduce the risk inherent in trading. Do not rely solely on the App for making decisions. You should use the App as one of many resources, and always use your independent judgment. If you rely on any information provided by the App, you do so at your own risk and peril.
• No Fiduciary Relationship: Your use of the App and any of its content does not create a fiduciary relationship between you and the Company. We are not acting as your broker, intermediary, agent, or advisor, and we do not owe you any fiduciary duty. The relationship is solely that of service provider and user as defined by these contractual Terms.

By continuing to use the App, you confirm that you understand these risks and that the Company cannot be held responsible for any investment losses you may incur. You agree to use the App's information at your own risk.

Intellectual Property

All content and materials in the App, including but not limited to software, algorithms, design elements, logos, trademarks, service marks, brand names, graphics, text, tutorials, and the unique surf-trading terminology (such as "Paddle Zone," "Wipeout Zone," etc.), are the intellectual property of the Company or its licensors. These materials are protected by copyright, trademark, and other intellectual property laws. We reserve all rights in these materials.

Permitted Use

You may use the App and its content only as authorized in these Terms. This means you can display the App's content on your device and print or download content from the App solely for your personal, non-commercial use (for example, printing out a chart for your own reference).

Prohibited Use of IP

You may not, without our prior written consent:

• Copy, reproduce, modify, publish, transmit, distribute, or publicly display the App's content (except for your personal use as stated above).
• Create derivative works from the App's content or exploit the content in any commercial manner.
• Use our trademarks, branding, or logos outside of the App in a way that could confuse others or imply our endorsement of any product or service.
• Remove or obscure any copyright, trademark, or other proprietary rights notices that are contained in the App or its content.

If you wish to use any content from the App beyond what is allowed by these Terms, you must first obtain written permission from us (for example, if you want to use an image or a piece of content for a blog, you need our approval). Unauthorized use of our intellectual property may violate copyright, trademark, and other laws, and could result in civil or criminal penalties.

Privacy and Data Protection

Your privacy is important to us. By using the App, you agree that we can collect, use, and share your information as described in our Privacy Policy (please refer to our separate Privacy Policy document for full details on how we handle user data). Key points include:

• Personal Information: When you create an account, we collect personal information such as your name and email address. We use this information to create and manage your account, provide customer support, and send you service-related communications. We may also use your email to send you updates, newsletters, or promotional materials, but you can opt out of marketing communications at any time.
• Usage Data: We may collect data on how you use the App (for example, features accessed, settings chosen, device type, IP address, etc.) to help improve our services, fix bugs, and enhance user experience. This information may also be used in aggregate to analyze trends and usage patterns.
• Data Sharing: We do not sell your personal data. We may share your information with trusted third parties that perform services for us (such as cloud hosting, analytics providers, or email service providers), but only for the purpose of operating and improving the App. All such third parties are required to protect your data in accordance with applicable privacy laws. We may also disclose information if required by law (for example, in response to a court order or regulatory request).
• Data Security: We implement reasonable security measures to protect your data. However, no Internet or app platform is completely secure, so we cannot guarantee absolute security. You are responsible for maintaining the security of your account password.
• Your Rights: If you are located in certain jurisdictions (such as the EU, under the GDPR), you may have rights regarding your personal data (e.g. the right to access, correct, or delete your data). Please refer to our Privacy Policy for instructions on how to exercise those rights or contact us at the support address provided.

By using the App, you consent to the collection and use of your information as outlined above and in the Privacy Policy. If you do not agree with our data practices, please do not use the App.

Termination and Suspension

By User

You may stop using the App and/or delete your account at any time. If you wish to delete your account, you can contact customer support or use any account deletion function provided in the App. Keep in mind that terminating your account or deleting the App does not automatically cancel your subscription – you must cancel the subscription separately as described in the Subscription and Fees section to stop recurring charges.

By Company

We reserve the right to suspend or terminate your access to the App (or any part of it) at our discretion, with or without notice, if we believe you have violated these Terms or if we have security or legal concerns. For example, if you breach the Acceptable Use rules, share proprietary content without permission, or we suspect fraud, we may suspend or ban your account. We may also terminate the App or any part of it, or discontinue your access, for business reasons (for example, if we decide to discontinue the service).

Effect of Termination

Upon termination of your account for any reason:

• Your right to use the App will immediately cease, and you must delete or uninstall the App from your device.
• You will lose access to any data or content you have stored in the App, unless otherwise provided (we have no obligation to maintain or provide your data after termination, so please ensure you have backups of any important information).
• If we terminated your account due to a breach of these Terms, you will not be entitled to any refunds of subscription fees. If termination was without cause (e.g., we shut down the service entirely), we may provide a pro-rated refund for any prepaid period that you can no longer use, as required by law.
• Any provisions of these Terms which by their nature should survive termination (such as No Investment Advice, Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.

Disclaimers of Warranties

The App is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, in connection with the App and your use of it. This includes but is not limited to:

• No Warranty of Accuracy or Availability: We do not guarantee that the App or any content (including signals, charts, data, or educational content) is accurate, complete, reliable, current, or error-free. While we strive for accuracy and uptime, we make no warranty that the App will be available at any particular time or location, uninterrupted, or secure, or that any defects or errors will be corrected. For example, there may be times when data feeds are delayed or the App is down for maintenance or due to technical issues.
• No Implied Warranties: We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume all risk for any damage to your device or loss of data that results from using the App.
• Not Advice: For clarity and without limiting the above, all information provided by the App is given without any warranty or guarantee of any kind that it is suitable for making financial decisions. We do not warrant or represent that following any strategy or signal in the App will result in profitable trades or that you will achieve any particular outcome. The App's content is provided with the understanding that we are not responsible for your financial results.
• Third-Party Materials: Any third-party content or services accessible via the App are not under our control, and we provide no warranty with respect to those. We are not responsible for any third-party data accuracy or any products/services you might access via external links through our App.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, any statutory warranties are limited to the minimum duration legally required.

Limitation of Liability

To the maximum extent permitted by law, in no event shall the Company or its officers, directors, employees, partners, or agents be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of (or inability to use) the App. This includes, without limitation, any loss of profits, loss of data, financial losses, trading losses, or damages due to business interruption, even if we have been advised of the possibility of such damages.

In particular, we will not be liable for any trading losses or investment losses that you may incur in connection with using the App's information or signals. You acknowledge that investments you make are at your own risk, and you should not rely solely on the App in making decisions.

If, notwithstanding the foregoing, the Company is found to be liable to you for any claim or cause of action, our aggregate liability to you shall not exceed the amount you paid to us (if any) for the service in the six (6) months immediately preceding the event giving rise to the claim. If you have not paid any amount (for example, if you are using a free version), our liability will be zero to the fullest extent allowed by law.

Exceptions: Nothing in these Terms is intended to exclude or limit liability that cannot be excluded by law. For example, if applicable law in a certain jurisdiction does not allow the exclusion or limitation of certain damages, the above exclusions may not apply to you to that extent. In such cases, our liability is limited to the maximum extent permitted by law.

You agree that any claim arising from your use of the App must be brought within one (1) year from the event giving rise to the claim. Otherwise, such claim is permanently barred (this time limit may not apply in certain jurisdictions that prohibit shortening of the statutory limitation period).

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees and costs) arising out of or in any way connected with:

• Your use or misuse of the App,
• Your violation of these Terms or of any law or regulation,
• Your infringement or violation of any rights of a third party (for example, if you violate someone's intellectual property rights or privacy rights through the App),
• Any content or data you submit or actions you take through the App, if applicable, or
• Your negligence or willful misconduct.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claim. You shall not settle any such claim without our prior written consent. This indemnification obligation will survive any termination of your account or the cessation of your use of the App.

Changes to the Service and Terms

The App is an evolving product. We reserve the right to modify, update, or discontinue (temporarily or permanently) the App or any part of its features, content, or functionality at any time without liability to you. We will try to give advance notice for major changes that significantly affect the user experience, but this may not always be possible.

Likewise, we may amend these Terms from time to time. If we make material changes to the Terms, we will notify users by posting the updated Terms within the App and updating the "Last updated" date at the top, or by other appropriate means (such as via email if you provided one). It is your responsibility to review these Terms periodically. By continuing to use the App after updated Terms are posted, you agree to the revised Terms. If you do not agree to any update, you should stop using the App and, if applicable, cancel your subscription.

Governing Law and Dispute Resolution

These Terms and your use of the App are governed by and construed in accordance with the laws of Warsaw, Poland, without regard to its conflict of law principles. If you are a consumer residing in the European Union or another jurisdiction with mandatory consumer protection laws, you may also have certain rights under your local laws that cannot be waived by contract; nothing in these Terms will affect those mandatory rights.

Jurisdiction

You and the Company agree that any disputes arising under or in connection with these Terms or the App shall be subject to the exclusive jurisdiction of the competent courts of Warsaw, Poland, except where otherwise required by applicable law (for instance, certain consumer laws might allow you to bring an action in your country of residence). Each party waives any objection to the venue of such courts, including objections based on forum non conveniens.

Dispute Resolution

Before filing a lawsuit, we strongly encourage you to contact us to discuss the issue. Many user concerns can be resolved quickly and to the user's satisfaction by contacting our support team. In the event that we cannot resolve a dispute informally, and unless prohibited by law, you and the Company agree to seek resolution through individual binding arbitration or small claims court for certain small disputes, if we separately agree to an arbitration process in writing. (At present, we have not specified an arbitration requirement in these Terms, but we reserve the right to include such a clause in the future after providing notice.) For now, all disputes will be resolved by courts as stated above, unless another dispute resolution mechanism is agreed upon by both parties.

Class Action Waiver

To the extent permitted by law, you and the Company agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Miscellaneous

• No Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.
• Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remainder of the Terms will remain in full force and effect.
• Assignment: You may not assign or transfer your rights or obligations under these Terms to anyone else without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law or otherwise, and by accepting these Terms you give us consent to do so.
• Entire Agreement: These Terms (along with the Privacy Policy and any other guidelines or policies we provide within the App) constitute the entire agreement between you and us regarding the App and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter of these Terms.
• Headings: The section titles in these Terms are for convenience only and have no legal or contractual effect.

Contact Information

If you have any questions, concerns, or feedback about these Terms or the App, please contact us at admin@wavetrader.net or through the support section of the App. We value our community of users and will do our best to address your inquiries promptly.