Terms & Conditions

A) TRADERSYARD WEB SERVICES

1.1 Contract

When you use the TradersYard Gmbh/TradersYard.com Services you agree to all of these terms and clauses. Your use of these Services is also subject to our Cookie- and Privacy Policy, which covers how we, share, store, collect and your personal information.

You agree that by clicking “Join Now”, “Join TradersYard” or similar, registering, using or accessing our services (see below), you are accepting to enter into a legally binding contract with TradersYard Gmbh/TradersYard. If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not use any of our Services, which are also subject to our Privacy Policy and Cookie Policy.

Services

This Contract applies to TradersYard Gmbh/TradersYard.com, TradersYard Gmbh/TradersYard-branded apps, TradersYard Gmbh/TradersYard Learning and other TradersYard Gmbh/TradersYard-related sites, apps, communications, information and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for such Services, like as our ads and the “Apply with TradersYard Gmbh/TradersYard” and “Share with TradersYard Gmbh/TradersYard” plugins.

You are entering into this Contract with TradersYard Gmbh/TradersYard (sometimes referred to as “we” and “us”). You are entering into this Contract with TradersYard Gmbh, Franz-Josephs-Kai 27/10, 1010 Vienna, Austria.

1.2 Members and Visitors

This Contract applies to registered users of our Services (Members) and unregistered users (Visitors).

1.3 Change

We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, which means you will be able to review the changes before they become effective. If you disagree to any changes, you may close your account. Continuing the use of our Services after we publish a notice about our changes means that you agree to the updated terms.

2. Obligations

2.1 Service Eligibility

To use the Services, you agree that:

you must be 16 years or older;
you will only have one TradersYard Gmbh/TradersYard account, which must be in your real name;
you are not already restricted by TradersYard Gmbh/TradersYard from using the Services.

However, if law of your home country requires that you must be older than 16 in order for TradersYard Gmbh/TradersYard to lawfully provide the Services to you without parental consent then the Minimum Age is such older age.

2.2 Your UserProfile and Account

You’ll keep your password a secret.

You will not share an account with anyone else and will follow our rules and the law.

Members are account holders. You agree to:

try to choose a strong and secure password;
keep your password secure and confidential;
not transfer any part of your account (e.g., connections)
follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.

TradersYard contains of 2 levels

TradersYard-Web: which is the functionality you can mainly find in the Web-Environment.
TradersYard+: Is the Part where you get access to the conferencing Environment (TY+ Groups, Webinars, VoIP-Calls)

Your TradersYard-Web account will offer you most of the services for free. For TradersYard+ there are chargeable services. In the integrated shop you can order your chargeable services. As long as you don’t subscribe for chargeable services, you only have access to the free features of TradersYard-Web.

If the Services were purchased by another party for you to use (e.g. Seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service, but they do not have rights to your personal account.

2.3 Purchasing / Payments

You are okay with us storing your payment information. You agree that there may be fees and taxes that are added to our prices in the E-commerce store.

Refunds are handled according to EU-Rules and laws (14 days after the first payment)

If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your paid Services.

You also agree that:

Your purchase may be affected by forex exchange rates.

We may store and continue billing your payment method (credit card, PayPal, ….) even after it has expired, to avoid interruptions in your Services.

If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. You are responsible to cancel or suspend your chargeable services.

Your purchases/subscription of Services are subject to TradersYard Gmbh/TradersYard’s refund policy.

We may calculate taxes or fees payable by you based on the billing information that you provide us at the time of purchase.

You can find copies of your invoices through your TradersYard Gmbh/TradersYard account/E-commerce shop settings under “Orders” or “Order History”.

2.4 Notices and Service Messages

You’re okay with us providing notices to you through our websites, apps, and contact information your provided to us.

You agree that we will provide notices to you in the following ways:

a notice within the Service, or
a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

Please review your settings to control and limit the messages you receive from us.

2.5 Sharing

When you share information, others can see, copy and use that information.

Our Services allow messaging and sharing of information in many ways, such as your profile, documents, slide deck, links to news articles, Chats, blogs, audio- video streams, and various other information. Content that you share, post or stream may be seen by other Members or Visitors.

There are settings available, where you can define who can see your content, profile or information e.g., message content to your addressees, sharing content only to TradersYard Gmbh/TradersYard connections, restricting your profile visibility from search engines.

We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

It is not allowed to post any sales offerings of any goods, software, services or similar – such posting will be removed immediately, without notification.

3. Rights and Limits

3.1. Your License to TradersYard Gmbh/TradersYard

All of the content, feedback, and personal information you provide to us is owned by you, but you grant us a non-exclusive license to it.

We’ll honor the choices you make about who gets to see your information and content

You promise to only provide information and content that you have the right to share, and that your TradersYard Gmbh/TradersYard profile will be truthful.

As between you and TradersYard Gmbh/TradersYard, you own the content and information that you submit or post to the Services and you are only granting TradersYard Gmbh/TradersYard and our affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others.

These rights are limited in the following ways:

You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except

to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and
for the reasonable time it takes to remove from backup and other systems.

We have the right, without payment to you or others, to serve ads near your content and information, and your social actions on sponsored content and company pages may be visible, as noted in the Privacy Policy.

We will not include your content in ads for services of other parties to others without your agreement.

Members and/or Visitors may access and share your content and information, consistent with your choices.

You may choose to make your content available to others, including under the terms of a Creative Commons license.

By submitting suggestions or other feedback regarding our Services to TradersYard Gmbh/TradersYard, you agree that TradersYard Gmbh/TradersYard can use and/or share such information without compensation to you.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your user profile information will be correct and truthful. TradersYard Gmbh/TradersYard is allowed to change or remove certain information in certain countries.

You agree that we may access, store and use any information that you provide based on the terms of the Privacy Policy.

3.2 Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. These changes may be effective upon notice provided to you.

We don’t promise to store any information that you’ve provided.

We store and safeguard the content and information you store in TradersYard Gmbh/TradersYard to the best of our abilities – but you accept, that this is not a storage service.

3.3 Other Content, Sites and Apps

Your use of others’ content and information posted on our Services, is at your own risk.

Others may offer their own products and services through TradersYard Gmbh/TradersYard, and we aren’t responsible for those third-party activities.

By using the Services, you may encounter content, information and functionality that might be misleading, incomplete, delayed, illegal, inaccurate otherwise harmful.

You agree that TradersYard Gmbh/TradersYard is not responsible for other Members’ content or information – we are not reviewing/controlling any information provided by any of the Members or Visitors. You agree that we are not responsible for any misuse of our services. Your organization may be mistakenly associated with content about others when we let connections and followers know you were mentioned in various contents. You may opt out of this feature.

You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your TradersYard Gmbh/TradersYard account, that app or site can access information on TradersYard Gmbh/TradersYard related to you and your connections. Based on our Privacy Policy you accept, that third party apps and sites have their own legal terms and privacy policies. You may be giving others permission to use your information in ways we would not. TradersYard Gmbh/TradersYard is not responsible for these other apps and sites. Please use these at your own risk.

3.4 Limits

We have the right to limit how you connect and interact on our Services.

TradersYard Gmbh/TradersYard reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. TradersYard Gmbh/TradersYard reserves the right to restrict, suspend, or terminate your account if TradersYard Gmbh/TradersYard believes that you may be in breach of this Contract or law or are misusing the Services (e.g. violating any Do and Don’ts).

3.5 Intellectual Property Rights

We’re providing you notice about our intellectual property rights.

TradersYard Gmbh/TradersYard reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are be the trademarks of their respective owners. TradersYard Gmbh/TradersYard, SlideShare, and “in” logos and other TradersYard Gmbh/TradersYard trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of TradersYard Gmbh/TradersYard.

4. Disclaimer and Limit of Liability

4.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

TO THE EXTENT ALLOWED UNDER LAW, TRADERSYARD GMBH/TRADERSYARD AND ITS AFFILIATES AND THOSE THAT TRADERSYARD GMBH/TRADERSYARD WORKS WITH TO PROVIDE THE SERVICES

DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS – E.G. WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA
DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT ERRORS
AND PROVIDE THE SERVICE, CONTENT AND INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2 Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS TRADERSYARD GMBH/TRADERSYARD HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), TRADERSYARD GMBH/TRADERSYARD AND ITS AFFILIATES (AND THOSE THAT TRADERSYARD GMBH/TRADERSYARD WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF TRADERSYARD GMBH/TRADERSYARD AND ITS AFFILIATES (AND THOSE THAT TRADERSYARD GMBH/TRADERSYARD WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF

FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY,
OR US $500.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRADERSYARD GMBH/TRADERSYARD AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF TRADERSYARD GMBH/TRADERSYARD OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

5. Termination

We can each end this Contract anytime we want.

Both you and TradersYard Gmbh/TradersYard may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

Our rights to use and disclose your feedback;

Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;

Sections 4, 6 and 7 of this Contract;

Any amounts owed by either party prior to termination remain owed after termination.

You can visit our Help Center to close your account.

6. Dispute Resolution

In the unlikely event we end up in a legal dispute, we agree to resolve it in Austrian courts (using Austrian law).

7. General Terms

Here are some important details about how to read the Contract.

If a court with authority over this Contract finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of this Contract, that does not mean that TradersYard Gmbh/TradersYard has waived its right to enforce this Contract. You may not assign or transfer this Contract to anyone without our permission. You agree that TradersYard Gmbh/TradersYard may assign this Contract to its affiliates or a party that buys it without your agreement. There are no third party beneficiaries to this Contract.

We reserve the right to change the terms of this Contract in providing you a notice of the change. If you don’t agree, you need to stop using the Services.

Possible legal notices need to be provided to:

TradersYard Gmbh
Franz-Josephs-Kai 27/10
1010 Vienna
Austria

8. TradersYard Gmbh/TradersYard “Dos” and “Don’ts”

8.1. Dos : You agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile;
Use the Services in a professional manner.

8.2. Don’ts: You agree that you will not:

Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content, or posting excessive amounts of uploads;
Create a false identity on TradersYard Gmbh/TradersYard;
Create a User profile for anyone other than yourself (a real person);
Create multiple organizations in TradersYard Gmbh/TradersYard for the sole purpose of evading the limit of free teams for one actual organization;
Invite people you do not know to TradersYard Gmbh/TradersYard;
Use or attempt to use another’s user profile;
Harass, abuse or harm another person;
Send spam or other unwelcomed communications to others;
Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
Violate the intellectual property or other rights of TradersYard, including, without limitation, using the word “TradersYard” or our logos in any business name, email, or URL;
Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by TradersYard;
Post anything that contains software viruses, worms, or any other harmful code;
Creating or operate a pyramid scheme, fraud or other similar practice;
Copy or use the information, content or data of others available on the Services (except as expressly authorized);
Copy or use the information, content or data on TradersYard Gmbh/TradersYard in connection with a competitive service (as determined by TradersYard);
Copy, modify or create derivative works of TradersYard, the Services or any related technology (except as expressly authorized by TradersYard);
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
Imply or state that you are affiliated with or endorsed by TradersYard without our express consent (e.g., representing yourself as an accredited TradersYard trainer);
Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
Collect, use, copy, or transfer any information obtained from TradersYard Gmbh/TradersYard without the consent of TradersYard;
Share or disclose information of others without their express consent;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
Use bots or other automated methods to access the Services, add or download information, send or redirect messages;
Monitor the Services’ availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
Access the Services except through the interfaces expressly provided by TradersYard;
Override any security feature of the Services; and/or
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).

9. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.

B) TRADERSYARD-X DESKTOP PLATFORM

1. General

of TradersYard GmbH, AUSTRIA (TRADERSYARD) (“The following provisions regulate – in combination with the conditions contained in the order form – the contractual relationship between TRADERSYARD and the user of TradersYard-X Software, hereinafter referred to as the customer.

TRADERSYARD generally only enters into a contract on their own terms and conditions; deviating conditions of the contractual partner are only valid if TRADERSYARD expressly consents to these in written form.

These terms and conditions are available for inspection in their respective valid version and can be viewed on the internet under https://x.tradersyard.com/terms-and-conditions/. With the conclusion of the contract according to point II, the following terms and conditions are deemed as agreed between TRADERSYARD and the respective customer.

You are agreeing to be legally bound by the Terms. We may change the Terms from time to time without notice, so be sure to check this page regularly. Whenever you are installing TradersYard-X by the first time or a new release of TradersYard-X, you will be prompted to accept the Terms and Conditions, which might contain changes.”)

2. Conclusion of Contract

Only a natural person or legal entity as well as a company entered in the company register and without legal personality can be a customer of TRADERSYARD . TRADERSYARD is entitled to demand and collect all necessary information about the identity and creditworthiness as well as the legal and contractual capability of the customer as well as the proof of the existence of power of signature or of representation.
Furthermore, upon the request of TRADERSYARD , the customer must declare an inland mailing address as well as an inland paying agent.

The offers of TRADERSYARD are without obligation or commitment. The customer’s order is obligatory as soon as TRADERSYARD receives it. If TRADERSYARD accepts the offer, an order confirmation will be sent. As soon as the customer receives the order confirmation, the contract becomes valid.

Definition of ‘Contractual Partner’ in terms of license and version update authorization:
The person who has purchased a license to the TradersYard-X trading platform through the TradersYard-X/TradersYard E-Shop or through a manually issued invoice.

3. Warranty, liability, exclusion of liability, limitation of liability

a) In the case of defects, the client has the right to demand that such defects be remedied by subsequent performance. In the event that the subsequent performance fails, the client may reduce the remuneration or, in the case of serious defects, withdraw from the contract.

b) YOU ACKNOWLEDGE AND AGREE THAT TRADERSYARD (TradersYard-X), ITS BRANCHES AND SUBSIDIARIES, LICENSORS, BOARD MEMBERS, EMPLOYEES AND REPRESENTATIVES ASSUME A MAXIMUM LIABILITY LIMIT OF 100.– EUROS FOR DAMAGES, BE THESE PUNITIVE, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, INCLUDING BUT NOT LIMITED TO DAMAGE COMPENSATION DUE TO LOSSES OR LOST PROFITS (DIRECT OR INDIRECT), THE REPUTATION OF THE COMPANY OR THE PERSON, DATA, COMPANY VALUE, SUBSTITUTION OF GOODS OR SERVICES OR OTHER INTANGIBLE LOSSES THAT ARISE AS A RESULT OF THE USE OR INABILITY TO USE THE SERVICES OR THE SOFTWARE; UNAUTHORIZED ACCESS OR THE MANIPULATION OF YOUR DATA; ALL CHANGES THAT TRADERSYARD MAKES TO THE SERVICES OR THE SOFTWARE; OR ALL OTHER POSSIBLE DAMAGE ARISING IN CONNECTION WITH THE SERVICE OR THE SOFTWARE. SOME COUNTRIES DO NOW ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR TERMS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, NEGLIGENCE, BREACH OF CONTRACT OR VIOLATION OF THE IMPLIED TERMS, THUS THE LIABILITY IS LIMITED TO THE EXTENT PRESCRIBED BY THE LAW UNLESS OPPOSED BY MANDATORY STATUTORY PROVISIONS.

c) For damages or losses arising due to malfunction on the part of TradersYard-X, e.g. in connection with the use of TradersYard-X or due to the use of a free or additionally purchased Add-On i.e. package (erroneous order sizes, misrouted trades, mistakenly opened positions, orders that are not deleted, deviating display of order/position between the broker and TradersYard-X… (to name just a few), TRADERSYARD again assumes a maximum liability of 100.– euros.

The fully automated trading via TradersYard-X++ and related risk/order size calculations, entry, stop and target placements are also at the risk and peril of the user and are therefore outside the responsibility of the manufacturer and is hereby explicitly mentioned again.

The client is obliged to permanently synchronize his or her positions, trades, orders, and order executions with his or her broker so as to be able to correct any potential malfunction of the software in the running positions or open orders.

Manual direct intervention in the various brokerage platforms outside of TradersYard-X (e.g. order entry/manipulation, closing trades, etc) can cause unexpected behavior in TradersYard-X. Especially – but not exclusively – when using the AT++ semi-automation, TradersYard-X may cause orders to be undetectable, or current strategies to lose stop orders or target orders, leaving positions unsecured in the market. In such cases, TradersYard-X is not able to correctly identify order entries in the broker platform. The reference platform is – as already mentioned – exclusively the platform of the respective broker and the Customer must therefore ensure at all times that the order/trade behavior in the broker platform of the broker to which the transactions are sent and received is monitored. TRADERSYARD will even reject Support-Cases if TRADERSYARD determines external order manipulations and is out of any liability in such cases.

The user also recognizes that in particular with the use of TradersYard-X++, running orders and positions are automatically synchronized when TradersYard-X is restarted and that this can lead to inconsistencies due to transmission problems on the part of the broker, which have to be manually corrected.

aa) When using synthetic orders, the behavior of the respective data feed depends on which price quotes are delivered.

bb) If the data provider delivers so-called bad ticks that result in trades being opened or closed or orders placed in the market being executed, this is the responsibility of the user, since TradersYard-X cannot interpret this kind of bad ticks as such.

cc) Similarly, bad ticks can have an effect on the behavior of AT++ stop methods and can lead to stopping calculations that do not correspond to the real market behavior.

d) Furthermore, the user of TradersYard-X recognizes that potential malfunction of the software shall be reported exclusively to the support section of TRADERSYARD and may not be posted in public forums. Massive failure to comply and permanently damaging behavior may result in the recission or discontinuation of the license.

e) If, due to errors in the technical processing, orders placed by the client cannot be executed in a timely manner, the client is obliged to comply with the following practices:

First of all, TRADERSYARD must immediately be informed of the erroneous processing as soon as the client becomes aware of it or detects it. Any instructions from TRADERSYARD that serve to repair or minimize the damage must also be followed by the client
If the client is able to avert or minimize damage through his or her own actions from the point in time of becoming aware of or detecting it, then he or she is obliged to take these actions of his or her own initiative. This includes, for example, the renewing of orders deleted due to technical errors or the placing of new orders by which damage is averted or reduced. This obligation of the client is a duty to mitigate damages, and failure to comply leads to the lapse of liability on the part of TRADERSYARD .
f) Furthermore, the user of TradersYard-X or the visitor of x.tradersyard.com recognizes that for damages that are caused by one of our partners (broker, sales, education partner…) in any form (erroneous signals from the Add-Ons, damages due to a lack of educational knowledge being passed on, damages arising in the partner’s asset management, …), TRADERSYARD can in no way be held liable for this.

g) The use of cloud services such as GoogleDrive, SkyDrive, DropBox,… can lead to synchronization problems that are not within TradersYard-X’s area of responsibility. Installation problems or erroneous behavior of the software are frequently caused by this circumstance and are therefore outside the scope of any liability.

The use of cloud services such as SkyDrive, GoogleDrive, DropBox or similar cloudware can lead to massive problems in the data synchronization of the various computers. Support efforts concerning cloudware, e.g. detection of the cause, removal of the fault and so on, are always subject to a fee.

4. Delivery

TRADERSYARD provides the TradersYard-X software and documentation as a download available on www.x.tradersyard.com. After receipt of payment, the customer will be provided with the corresponding access authorization codes, password, and license key for activating the TradersYard-X software in the functionalities ordered by the customer.

5. Access authorization

The customer is responsible for protecting the authorization codes, passwords, and license keys sent to him or her. In particular, the customer is not authorized to provide third parties with access to TradersYard-X software by passing on personal authorization codes, passwords, or license keys. The customer commits to store his or her data securely and to take all necessary precautions to prevent this data from falling into the hands of a third person. In the case of loss of authorization codes and/or passwords or suspicion of third-party user access or knowledge of data, the customer is obligated to inform TRADERSYARD immediately. This information can be sent by email, fax, or ordinary mail, according to the customer’s wishes.
The customer is liable without limitation for damages resulting from the delivery or publication of the authorization codes/password to third-party users.

6. Access authorization

One TradersYard-X software license authorizes the customer to run the license on one workspace. Using one license key on multiple workspaces or on various virtual machines at the same time is not permitted.
If you have purchased a broker-sponsored TradersYard-X version that allows trading only with the sponsor, and you then purchase an upgrade to a higher version of TradersYard-X or if you buy an Add-On to TradersYard-X, this does not mean that you also acquire the functionalities of the sponsored version. If for some reason the version sponsored by the broker is canceled, you must purchase the functionalities of the sponsored version to continue using TradersYard-X. Above all, the purchase of an upgrade version based on a sponsored broker version does – not – include the right to the MultiBrokerage functionality.
Please be sure to read the terms and conditions of the respective broker in detail. By confirming these terms and conditions, you also accept the broker’s TradersYard-X-specific terms and conditions.

7. License Version Update

A license includes a free version update, i.e. if security updates, improvements, and functional enhancements are carried out within a version, the contractual partner only has the right to update to the next higher version (see point 2 Conclusion of contract). If completely new functions are developed, it is the responsibility of TRADERSYARD to include these functions in a version or to make them available as AddOns, or now chargeable features. The update to this new release is controlled via the license server by means of an activation code (either directly on the platform or if not available, by e-mail), which is delivered to the contract partner.

8. Quality agreement

TradersYard-X is a software application that offers a general frame for various possibilities of stock analysis. With the software, it is possible to combine and evaluate different analysis techniques in a standardized form. With TradersYard-X it is also possible to identify trend signals for stocks as well as purchase or sale signals. TRADERSYARD is not responsible or liable for the accuracy of these signals and does not provide any guarantee of success. Similarly, TRADERSYARD is not liable for the accuracy of strategies, signals, stop and target components provided on www.x.tradersyard.com by TRADERSYARD or any other third-party tool provider in the webshop.

If the customer uses stock analyses created with the help of the software or other named components to aid his or her decision to buy or sell, he or she assumes full responsibility for this. The results of the TradersYard-X software are in no way a replacement for the customer’s independent decisions about the purchase and sale of stocks.

9. Use of function-specific information

You agree that TRADERSYARD and its directly affiliated companies save information about your use of the service and use this for the purposes of an internal function-tracking analysis. No personal or trading-related data is used in this process, but exclusively function-specific data that serves the purpose of evaluation with regards to the frequency of these functions in order to be able to make deductions about the importance of maintenance costs and further developments.

10. Terms of use for the software purchased for a limited time (TradersYard-X TraderSuite; extension of the test phase)

a) TRADERSYARD (license provider) provides the customer (license user) with the non-exclusive, non-conferrable right to use the software and documentation during the purchased time of use.

b) The authentication of the authorization of use is controlled by a license component that is part of the TRADERSYARD system control. The license user must be able to connect to this server. If TradersYard-X cannot connect with the server over a time period of two weeks, starting from the first failed attempt to connect, the license provider handles this as an intentional blocking of the license check and deactivates the software to the functionality of the free version. However, the licensed user has the possibility to correct this problem with TRADERSYARD , after which the software is reactivated.

c) The customer is permitted to make copies of the provided software for backup purposes only. TRADERSYARD receives all rights to each copy as long as these are not transferred to the customer. The customer is permitted to use the software for the supported and appropriate purposes on his or her DV workspace.

d) An TradersYard-X software license authorizes the customer to use the software on one workspace. Operating this software in multiple workspaces at the same time is not permitted.

e) TRADERSYARD retains all ownership rights to the software, even if the customer alters it or creates a connection with his or her own or any other third-party software.

f) Upon termination of contract, the customer is obligated to irretrievably delete or destroy all copies of the software in his or her possession including the documentation.

11. Tools and features with external data sources

In some of the features and tools integrated into TradersYard-X, such as xTick data feed, EOD screener, futures calendar, economic calendar, COT report, etc. (incomplete excerpt from features list), TradersYard-X uses external data sources from the freely accessible Internet. In fact, TradersYard-X uses external data sources from the freely accessible Internet, but also various free or paid interfaces to various data providers and brokers.

With external data sources, it may occur that the data format or the interface changes, or that the interface or the entire service is actually completely shut down by the respective operator; this is not within the control of TRADERSYARD /TradersYard-X.

These features/tools offer added value; however, there is no entitlement on the part of the user that, in the event of a massive change or a complete shutdown of the supplier of the data, the respective service is maintained in TradersYard-X.

In the event of a change to the interface, TRADERSYARD /TradersYard-X guarantees to –insofar as possible – adapt the software to the altered circumstances as quickly as possible and to provide the users with a new release. However, if the data supply sources are no longer accessible from within the trading platform, this may lead to the affected feature/tool having only limited availability or being completely removed from the platform.

12. Termination of contract

a) Rental license: A rental license runs as long as the user meets his monthly or quarterly payments in time. If the user no longer requires the rental license, the rental licensee shall ensure that the license subscription is canceled. If the subscription is canceled or payment is not received from the user, the license will be deactivated once the purchased period ends.

b) TRADERSYARD reserves the right to premature termination without previous notice of the user relationship with the customer for significant reasons for which the customer is responsible, in this case the customer shall have no claim to reimbursement for fees already paid.
Extraordinary reasons for termination are, in particular, the violation of obligations according to point V by the customer as well as other significant reasons under the control of TRADERSYARD or the customer.
Furthermore, TRADERSYARD also reserves the right to revoke any contract with three months’ notice without stating reasons. In this case, however, TRADERSYARD is obliged to reimburse the customer for fees paid thus far. The customer is excluded from any claim for compensation beyond this.
In the event of extraordinary or ordinary termination of the contract, the customer undertakes, in any case, to immediately delete all purchased software products of TRADERSYARD and no longer to use them. In this case, the activation key will be deactivated by TRADERSYARD .

c) A possible transfer of software licenses to another user was prejudiced by the ECJ judgment of 3.7.2012, C-128/11 and is equipped with all legal consequences of a private selling/transfer between the new licensee (license user) and the original licensee (license seller). Should an activation key (license key) nevertheless be passed on, this will happen outside of the General Terms and Conditions guidelines (see 10.1.a). For TRADERSYARD , the original buyer remains the contractual owner and thus the contractual relationship between the license seller and TRADERSYARD is maintained. For the new licensee, the right to server-side license changes, free ticket, and e-mail support, free software updates, and possible liability claims expires. This means that all rights and obligations associated with the license and software according to the General Terms and Conditions remain with the contractual license holder. The contractual licensee can only release himself from the contract with consideration of paragraph 12. b) of the General Terms and Conditions.

ATTENTION: In any case, the legal contractual owner, i.e. the license seller, remains liable to TRADERSYARD, even in the event of a transfer and a possible misuse by a subsequent new licensee.
Please inform yourself about this judgment (see here…) in order to avoid legal missteps

Regarding licenses, rental licenses cannot be transferred to another user but must be terminated and subscribed to by the other user.

13. Notification

The customer is informed that TRADERSYARD saves customer-specific data in electronic form for contract administration, accounting and statistical evaluation purposes.

14. Right of revocation

Every purchase made via the online shop under www.x.tradersyard.com is subject to Austrian i.e. EU law.

In Austria, the consumer rights directive was implemented in particular in the form of the non-face-to-face and distance selling law (FAGG). Several provisions were included directly in the Austrian consumer protection law (KSchG).

Based on (§ 11 FAGG), you have the right to revoke a contract concluded via our online shop without stating reasons within fourteen days. The revocation period is fourteen days from the day on which you or a third party other than the carrier and indicated by you have/has received the goods by means of email receipt of the activation key or of the invoice. In the case of a purchase contract of several goods that you have ordered within one single order, and that we have delivered to you separately, the revocation period is fourteen days from the day on which you or a third party other than the carrier and indicated by you have/has taken the last product into your possession.

The customer confirms that he/she has been instructed on the content, the requirements, and the consequences of the legal right of revocation for consumers based on the consumer rights directive of the EU (abbr. “FAGG”). In order to exercise the right of revocation (§ 13 FAGG), you acknowledge that you must inform us (TradersYard GmbH, Franz Josefskai, 1010 Wien, Austria, email: support@tradersyard.com) of your decision to revoke this contract by means of an explicit declaration (e.g. a letter sent by post or an email). The customer is aware that he/she can use the attached standard withdrawal form, but that this is not mandatory.

Please use the withdrawal form further down. To keep the revocation period, it is sufficient for you to send the notification of your exertion of the right of revocation before the expiry of the revocation period. For mailings, the day of the postmark will be used.

The directive does not apply to B2B businesses. Therefore, there is no similar legal right of withdrawal of this kind in the B2B area.

Consequences of the revocation

If you revoke a contract concluded via our online shop under www.x.tradersyard.com within the revocation period, we are obliged to pay back to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from you selecting a different kind of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this reimbursement, we use the same means of payment that you used for the original transaction unless something else was explicitly agreed upon with you; under no circumstances will you be charged a fee due to this reimbursement. As soon as we receive the declaration of revocation from you within the legal 14-day period of revocation, we immobilize the license immediately.

When you observe the time periods, you receive the confirmation of the revocation within 3 days. In the case of a violation of the revocation criteria, you will also be informed by us in writing of the reason for the rejection of the revocation.

The period is granted when you send off the goods before the expiry of the period of fourteen days.

If you received the software not via the online route, but in the form of a package sent by us, you bear the direct costs of sending back the goods. If the goods cannot be sent back normally with the post due to their nature and the delivery was made to the customer’s home at the time of the conclusion of the contract, we will pick up the goods at our expense. You only have to pay for a potential loss in value of the goods if this loss of value can be traced back to a result of handling other than what is necessary to ascertain the nature, properties, and functioning of the goods.

Exclusion of the right of revocation

The right of revocation does not exist or expires for distance contracts.

Upon delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after the delivery,
For a contract concerning digital content not located on a data carrier, if we have made this available to use, and if you acknowledged and explicitly consented that we can carry out the provision and that you lose your right of revocation upon complete provision.
You can find the form for the revocation according to § 13 FAGG here.

15. Complaints/customer service/support

Complaints by the customer are to be directed to INCLUDE Information Technologies GmbH, Schottenring 16/2, 1010 Wien, AUSTRIA. Customer service can also be reached under the address given in sentence 1.

Inquiries regarding the software or application problems can be sent by post, by means of a letter, and via our email and forum support.

With the purchase of a license, there is a free support option via the previously mentioned media, as long as the licensee is in lawful possession of the TradersYard-X or AddOn license.

The free forum and email support rendered take place solely on a technical basis. Within the first month after the purchase of the license, the licensor is obliged to make the support available. After that, it is a voluntary commitment on our part toward the licensee – but there is no legal claim to this. Support that is subjectively perceived by the customer as inadequate can never be challenged as non-fulfillment of the contract.

The use of cloud services such as SkyDrive, GoogleDrive, DropBox, or similar cloudware can lead to massive problems in the data synchronization of the various computers. Support efforts concerning cloudware, e.g. detection of the cause, removal of the fault, and so on, are always subject to a fee.

The support expires in the case that www.x.tradersyard.com is taken down from the internet, or if the license is no longer in the possession of the licensee due to revocation, termination, or transfer of the license.

TraderPackages / AddOns from 3rdParty providers:

If the TraderPackages / Addons come from the IT Department of TRADERSYARD/ TradersYard-X, the conditions mentioned in 14) apply. However, if the intellectual property of the components is not the responsibility of the IT department of TRADERSYARD, then the respective publisher of the software is responsible for the functionality of the package/add-on.

In case of problems with components of these manufacturers, it can happen that the user is forwarded to the respective partner.

To clarify: In such a case the TradersYard-X store is only the sales channel and is to be seen as e.g. the Amazon Store, Google Play, etc., where products are offered, but in are the manufacturer responsibility (in terms of function, liability and support) of the respective producer. Due to the inexperience of the function and the source code, TRADERSYARD is not able to analyze these products and to pass on information about them. The contracting party for these products is not TRADERSYARD, but the partner who distributes this product via the TradersYard-X / TradersYard-Shop through us.

TRADERSYARD can understandably not assume any responsibility for the use of packages/add-ons that do not appear in this list due to the impossibility of quality controls, and full responsibility for the correctness and functioning of these third-party components passes to the user.

16. Information from third-party websites/events/technologies:

These are components and information events created by independent vendors that are not members of TRADERSYARD GmbH’s staff. To the extent such third parties or their technologies provide opinions, recommendations, or signals regarding the purchase or sale of securities, you understand that such opinions, recommendations, and signals are expressed by the third party and are not the opinions or recommendations of TRADERSYARD/TradersYard-X. The third-party information or technology and/or website and/or add-ons do not constitute a recommendation by TRADERSYARD/TradersYard-X to invest in securities or to pursue an investment strategy.

The presence of these aforementioned technologies and our consent to a connection through our technology, website, or trading platform does not constitute any representation, warranty or another guarantee by us as to the present or future value or suitability of any sale, trade, or other transaction involving any particular security or other investment. The existence of such information, tools, and services provided by the third party and/or its technologies does not constitute an endorsement by the third party and/or its technologies.

17. Severability clause

If parts of this contract are not in correspondence with existing law, the contract is still applicable and the remaining provisions are still valid.

18. Concluding provisions

a) For contracts with retailers, legal entities of public law, and public legal special property, the place of execution for delivery and payment as well as the place of jurisdiction is agreed upon as Vienna. The place of jurisdiction for all legal disputes with TRADERSYARD is the locally competent court for commercial matters with jurisdiction in the disputed amount according to the respectively registered office of TRADERSYARD at the time of the respective underlying contractual agreement.

b) For all legal relationships of entities, Austrian law is applicable with the exclusion of the UN commercial law (CISG). As long as there are no opposing mandatory statutory regulations according to the residency status of the customer, then Austrian law is valid.