Terms of Service v.1.00 (effective as of 01.01.2021)
“User” - person or legal entity who may download, install, run and use the TradingDesk.Cloud Services.
“TradingDesk.Cloud Services” - the App and the Website providing Data, as defined below.
"Data" - prices and other market data delivered via TradingDesk.Cloud Services to the User.
“Update” - program that modifies present functionality or adds new functionality to the application.
"Ad-free App Version" - version of the App which does not contain any advertising.
"Subscription" - access to premium features provided to the User by TradingDesk.Cloud UG (haftungsbeschränkt) for the Subscription Term selected by the User.
"Store" - Apple App Store or Google Play Store.
“Website” - the website www.tradingdesk.cloud provided by TradingDesk.Cloud UG (haftungsbeschränkt)
“Applicable Law” - law determined as regulating by this Agreement.
“Relevant Law” - law of the country of the User’s citizenship, country where the User lives, where the User is incorporated or where the User has their place of business.
“Third Party Services” - programs and websites of any third party.
“Trademarks” - the Licensor’s trademarks both registered and unregistered.
“Technical Support” - consultation of the Users regarding downloading, installing or use of the TradingDesk.Cloud Services conducted by the Licensor or authorized persons.
- TradingDesk.Cloud Services and the right to use them are granted to you in accordance with the License Agreement.
- TradingDesk.Cloud UG (haftungsbeschränkt) reserves the right to make any amendment to the TradingDesk.Cloud Services, including, but not limited to, addition of new functions or reduction of any functions, without prior notification of the User.
- You acknowledge hereby that you agree to use TradingDesk.Cloud Services at your own risk. TradingDesk.Cloud UG (haftungsbeschränkt) is not responsible for any negative effects from the use of TradingDesk.Cloud Services, including, but not limited to, stopping of functioning thereof, or any damage, including, but not limited to, physical damage to your property, consequential loss, damage to your health, or violation of Applicable or Relevant Laws, caused by downloading or use of TradingDesk.Cloud Services.
- You hereby acknowledge that you understand that all and any payments for the access to the Ad-free App Version are made via the Store, and terms and conditions of the Store related to the payment process, including, but not limited to, terms and conditions of refund, shall be applied. TradingDesk.Cloud UG (haftungsbeschränkt) shall not be responsible for any negative effects arisen within or after the payment process, or in connection with payment process.
License Agreement v.1.00 (effective as of 01.01.2021)
Subject to the terms and conditions of this Agreement (“Agreement”, “Terms”, “License agreement”), TradingDesk.Cloud UG (haftungsbeschränkt), (hereafter referred to as “Licensor”) grants the User (hereafter referred to as “User”, "Licensee", "she", "he", "you") the right to use TradingDesk.Cloud Services.
By accepting this License Agreement the User expressly acknowledges that he is understands these Terms, and agrees to be bound hereby and all further amendments and supplements hereto.
The User has the responsibility to comply with the Relevant Law. If TradingDesk.Cloud Services, fully or partly, or their separate functions, contravene the Relevant Law, the User shall not download the App and use the Website. If the App is already downloaded, the User shall not use it and shall remove it and all relating data.
The User is fully responsible for any negative consequences arising from the fact that TradingDesk.Cloud Services do not comply with the Relevant Law. By Accepting these Terms, the User warrants that he is not in or from any country from which access is restricted by the Licensor or where Relevant Law restricts use of TradingDesk.Cloud Services.
In case of disagreement with these Terms or any further amendments and supplements thereto, the User shall cease downloading and/or using TradingDesk.Cloud Services.
The Licensor and the User, together referred to as “Parties”, agree on the following:
- Subject of the Agreement
- The Licensor may restrict access of Users from any country to the Updates in its sole discretion, even if access to the TradingDesk.Cloud Services is not restricted for this country.
- Provision of App
- The Licensor grants access to the App for downloading, installing and use thereof.
- Insofar as the TradingDesk.Cloud Services require connection to the Internet for their proper work and access to the Technical Support, the User is required to have and maintain an adequate Internet connection.
- The User is solely responsible for acquiring and maintaining connection to the Internet, other hardware and software required to access and use the TradingDesk.Cloud Services, including, but not limited to, any and all costs and fees.
- Payment Terms
- The User may access TradingDesk.Cloud Services for free, and also may purchase Subscription which requires payment of Subscription Fees.
- Subscription prices may be found at the Store relevant to the User's device and our website. Subscriptions prices may vary depending on the Store, promotions, the type of device, and the Subscription Term selected at the time of purchase.
- The payment for the access to premium features is made via differents stores, and terms and conditions of the store related to the payment process, including, but not limited to, terms and conditions of refund, shall be applied.
- The subscription renews automatically, as described herein.
- All types of subscriptions are billed in one payment for the subscription term.
- Subscription made through the Apple App Store will be charged through your iTunes account and renew automatically through your iTunes account.
- TradingDesk.Cloud Services subscriptions made through the Google Play Store will be charged through your Google Play account and renew automatically through your Google Play account.
- TradingDesk.Cloud Services subscriptions made with credit card service providers will be billed through your credit card service provider and will automatically renew through your credit card service provider.
- The User acknowledges and agrees that TradingDesk.Cloud UG (haftungsbeschränkt) is authorized to charge her or him through the User's iTunes account, Google Play account credit card service provider for the renewal and that the User will be charged for the regular subscription fee within 24 hours prior to the end of the subscription term.
- Automatic renewal may be turned off by the User in her or his TradingDesk.Cloud, iTunes or Google Play account settings, but the User must do so at least 24 hours before the end of the Subscription Term to avoid renewing. This will stop future subscription charges from accruing to the User's account.
- If the User signed up with a promotion, the renewal rate may be higher than the initial rate. The User shall refer to her or his Account page or the confirmation email sent after initial purchase to review details about the renewal amount and the date of the next renewal.
- The Subscription Fee may change in the future. If the Subscription Fee increases, the User will be notified and provided with an opportunity to change or cancel Subscription, before applying those changes to her or his account or charging her or his payment details in connection with an automatic renewal.
- Subscription Term
- The User may Subscribe for one month, three months or for one year ("Subscription Term").
- Subscription Term will be automatically renewed for one more Subscription Term, as described above, until the User terminates her or his Subscription.
- The Subscription Fee for each renewed Subscription Term will be charged, as defined above, until the User terminates her or his Subscription.
- Refund Policy
- TradingDesk.Cloud UG (haftungsbeschränkt) does not provide a refund. TradingDesk.Cloud UG (haftungsbeschränkt) does not prorate refunds or offer partial refunds.
- Please note, that your payment will be subject to applicable payment policy of the Store, in which you purchased Subscription and which also may not provide refunds, including refunds for the unused portion of any term.
- The Licensee agrees not to reverse engineer, decompile, disassemble, modify, prepare derivative works or use the App or the Website as a basis or as part of another program or transform the App or the Website in any other way.
- Any person who breaches this prohibition shall remove all elements of the App from the prepared program and pay damages including, but not limited to, consequential loss.
- If the Licensee prepares a new program or website using the App or the Website or their parts as a part or as a base, the Licensor may request the Licensee to stop using the App, the Website or parts thereof in the other program or website.
- If the User identifies any bug or error, purposely or accidentally, he or she shall immediately notify the Licensor about the identified bug or error, and agrees not to take any actions that would increase the severity of identified bug or error.
- Third Party Services
- The Licensor may include information and links to any Third Party Services in the App or on the Website.
- The Licensor does not grant the right to use the Third Party Services to the User, and does not act as an intermediary between any third party and the User.
- The Third Party Services may be not available in all languages or in all countries. Third Party Services may require payment.
- The Licensor is not obliged to evaluate Third Party Services, including, but not limited to, their content or accessibility. The Licensor is not obliged to provide the Users with access to Third Party Services.
- The User expressly acknowledges and agrees to be fully responsible for all effects of use of Third Party Services, including compliance with the Relevant Law.
- The Licensor may restrict access or change conditions of access to Third Party Services via the TradingDesk.Cloud Services. The Licensor is not obliged to notify the User about such restrictions.
- The Licensor is not responsible for the accessibility of Third Party Services, their content, functions and any negative effects of use of the Third Party Services. The Licensor is not responsible for any consequences of restrictions or change of conditions of access to the Third Party Services via the TradingDesk.Cloud Services.
- Exclusive Rights
- The User may not use, exploit, reproduce or display the Trademarks, images, video, audio, texts and other content placed or used in the App or on the Website if such use, reproduction or display is not related to promotion of the TradingDesk.Cloud UG (haftungsbeschränkt)
- The Licensee may not remove, obscure or modify the Trademarks, any copyright notices or other legal notices.
- Technical Support
- The Licensor may provide the User with Technical Support.
- The Licensor does not provide Technical Support on issues related to Third Party Services.
- The Licensee hereby agrees to use the TradingDesk.Cloud Services at his or her sole risk. The TradingDesk.Cloud Services are provided to the User “AS IS”, the Licensor provides no guaranties of, including, but not limited to, lack of faults in the TradingDesk.Cloud Services, fitness for a particular purpose, merchantability, compliance with the Relevant Law and any User’s expectations, including technical and commercial.
- The Licensee agrees that the Licensor is not responsible for any errors, bugs or other failures and defects which may occur during the downloading, installing and/or use of the TradingDesk.Cloud Services.
- The Licensor is not responsible for the impossibility of use of the TradingDesk.Cloud Services or Third Party Services for any reason, including, but not limited to, incompatibility of the App and the User’s device, lack of connection to the Internet, etc.
- The Licensor shall not be liable if the ability to provide the User with any portion of the Data is lost.
- TradingDesk.Cloud UG (haftungsbeschränkt) makes no warranty regarding the Data or any other information obtained through the TradingDesk.Cloud Services, or the accuracy, timeliness, truthfulness, completeness or reliability of any Data or other information obtained through the TradingDesk.Cloud Services.
- All information, including, but not limited to, financial information and any forecasts, is provided by the TradingDesk.Cloud Services and Third Party Services for informational purposes only.
- The Licensor is not responsible for its accuracy and consequences of use, including, but not limited to, infringement of third party rights or damage occurred as a result of use of this information as a guideline or recommendation.
- No oral or written message or advice, including, but not limited to, consultations provided as Technical Support by the Licensor or any authorized representatives, shall create a warranty.
- The Licensor is not responsible for any negative effects, including, but not limited to, harm induced by or related to downloading, installing and/or use of the TradingDesk.Cloud Services or any Data delivered to the User thereby. The Licensor is not responsible for any damage, including, but not limited to, damage caused to the User’s health, property, business reputation, loss of profit or loss of data by downloading, installing or use of the TradingDesk.Cloud Services or the Third Party Services, or related to such downloading, installing or use.
- Term of the Agreement
- This Agreement is perpetual.
- The Agreement continues in force and effect unless it is terminated. Termination provisions are provided in Section 14.
- Termination of the Agreement
- The User may terminate the Agreement for any reason at any time.
- If the User purchased the Subscription and terminated this Agreement, no refund of the Subscription Fee charged for the unused part of the Subscription Term will be made, until otherwise is provided by the relevant Store.
- The Licensee’s access to the TradingDesk.Cloud Services may be restricted in the Licensor’s sole discretion if the Agreement is terminated at the initiative of the Licensor.
- Transfer of Rights
- The Licensee may not assign or transfer any rights or obligations under this Agreement without prior written consent of the Licensor, including transfer in pursuance of law or in connection with change of control.
- The person who acquired such a device may use the App only if this person Accepts the Terms.
- The Licensor may transfer or assign any rights and/or obligations, fully or partly, without receiving the Licensee’s consent or approval.
- The Licensee shall maintain in confidence the source code of the App if the Licensee becomes aware of this code.
- The Licensee shall immediately notify the Licensor that he became aware of the source code.
- If these confidentiality provisions are breached, the breaching Party shall pay damages including consequential loss.
- General Provisions
- If any part of this Agreement is found to be void or unenforceable, it will be amended to the minimum extent necessary to make it valid and enforceable.
- If any part of the Agreement is found to be void or unenforceable, the remainder of the Agreement shall remain in force even if the void and unenforceable parts are not amended, as if such provisions were not a part thereof.
- If the Agreement is translated into any other language, the version in English language shall prevail.
- All notices regarding this Agreement shall be written in English.
- Applicable Law
- The Agreement shall be governed by and construed in accordance with the law of Germany(Deutschland).
- Dispute Resolution
- In the event of any dispute arising out of or relating to this Agreement, the Parties shall use their best effort to settle the dispute through negotiation.
- The Parties submit to the exclusive jurisdiction of the German courts, and agree to file a claim only if the dispute may not be settled through negotiation within 2 (two) months.