1. High-Risk Investment Warning
Trading in financial instruments, including but not limited to Forex, cryptocurrencies, stocks, options, and futures, carries significant risk and is not suitable for every investor. The possibility exists that you could lose some or all of your initial investment. Only trade with funds you are prepared to lose. Past performance is not indicative of future results, and any historical data or trading examples should not be seen as guarantees of future outcomes.
2. No Financial Advice
The software provided by Smart Pixel does not offer financial, trading, or investment advice. Any information, indicators, strategies, or tools available through the software are provided solely for informational purposes, and the decision to trade based on this information is your sole responsibility. You acknowledge that you must perform your own due diligence and consult with professional advisors where necessary.
3. No Warranty and Limitation of Liability
The software is provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. Smart Pixel does not guarantee the accuracy, completeness, or timeliness of the data or the software’s functionality. We disclaim liability for any errors, interruptions, or data inaccuracies that may result from the use of the software. Under no circumstances shall [Your Company Name] be liable for any direct, indirect, incidental, or consequential damages, including lost profits or trading losses.
4. Market Volatility and Technical Errors
The financial markets are subject to sudden price swings and volatility, which may affect your trades. Additionally, the software may experience technical failures, connectivity issues, or other disruptions that could impact the performance of the software or the execution of trades. You agree that [Your Company Name] will not be held liable for any damages or losses arising from such market conditions or technical errors.
5. Hypothetical Performance Disclaimer
In compliance with U.S. CFTC Rule 4.41, any performance results discussed within the software, whether hypothetical or real, are not indicative of future performance. Hypothetical performance results come with several inherent limitations, including the benefit of hindsight, and do not reflect the impact of actual trading risks such as slippage or liquidity issues.
6. User Responsibility and Account Security
You are responsible for ensuring the security of your account and keeping your login credentials confidential. Smart Pixel is not liable for any unauthorized access to your account or trading actions that may result from such access. Additionally, you agree to indemnify and hold harmless [Your Company Name] from any claims or damages arising from your use of the software or any breach of these terms.
7. No Responsibility for Losses
By using this software, you agree that the company and its affiliates, partners, and employees shall not be held liable for any financial losses, damages, or other consequences, whether direct, indirect, or incidental, resulting from your use of the software. You use the software entirely at your own risk, and it is your responsibility to make informed trading decisions.
8. Automated Trading Features
If the software provides automated or algorithmic trading functions, you acknowledge that these features carry additional risks, including the risk of unintended trading decisions, market conditions affecting trade execution, and potential system malfunctions. You are responsible for monitoring all automated trading activities, and Smart Pixel disclaims any liability for losses resulting from the use of these features.
9. Regulatory Compliance
It is your responsibility to ensure that your use of the software complies with all applicable local and international laws and regulations. This includes but is not limited to tax laws, trading regulations, and market rules within your jurisdiction. Smart Pixel is not responsible for any legal penalties or consequences arising from your non-compliance with local laws.
10. External Links and Data Sources
The software may provide links to third-party websites or utilize data from external sources. These links and data sources are provided for your convenience, but Smart Pixel does not endorse or take responsibility for the content, accuracy, or practices of these third parties. Any reliance on such data is at your own risk.
11. Amendments and Updates
Smart Pixel reserves the right to modify this disclaimer at any time. It is your responsibility to review the disclaimer periodically for any changes. Continued use of the software after such modifications implies acceptance of the revised disclaimer.
12. Governing Law and Jurisdiction
This disclaimer shall be governed by and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions. Any legal disputes arising from the use of the software will be subject to the exclusive jurisdiction of the courts in Belgium.