The service provider is SnowlyCode s.r.o. registered in the Commercial Register, administered by The County Court of Ostrava Region in Section C.
Entry No. 63100 Identification No. 04299621, registered office at Olomouc, Kateřinská 107/5, Czech Republic (hereinafter the "Provider")
The Provider offers the service fxSimulator.com. This service is available at the Internet address www.fxsimulator.com and is designed to simulate trading on forex (foreign exchange) markets.
fxSimulator.com is only a simulator of forex markets and it is not a real platform providing a real purchase or a real sale of currency pairs. All trades in the application are only a simulation. Any profit or loss resulting from trading in the platform is solely a fictional amount and no liabilities and claims arise from them.
3. Registered Users
3.1. Any natural or legal person may become the user of services at fxSimulator.com (hereinafter the "User").
3.2. The service shall be ordered by the User on the basis of a completed and submitted registration form via the Internet.
3.3. By submitting the registration form via the Internet, the User accepts all general terms and conditions as if these conditions were signed in the form of a contract. These general terms and conditions are legally binding in unabridged and up-to-date version that is accessible to the public on web sites www.fxsimulator.com
3.4. The service Provider reserves the right to verify registration data given by the User in the registration form. For the purpose of verification, the User shall proceed in accordance with the instructions specified by the Provider in the verifying email. To use the service in the long term, it is necessary to perform a so-called Activation. The User shall receive information about a successful activation by an email to the provided email address.
3.5. The User shall register to use the service. As a part of the registration the User is prompted to create a password to their customer account. The User shall keep the password confidential and shall not share it with other persons. The User is held responsible for all activities performed from their account. In the case of any suspicion of their password’s abuse or making their password accessible to a third party, the User shall instantly notify the Provider.
In the event of a well-founded concern that the User's account may be abused, the Provider is entitled to block the User's account or as the case may be to prompt the User to change their password. The Provider is not liable for damages that may arise to the User as a result of disclosure or abuse of their password by a third party.
3.6. The Provider is entitled to suspend or abolish the User's registration if the Provider has a reasonable ground to assume that the User breaches the terms and conditions or other mutual agreements. In the case of termination or abolishment of the registration, none of the general terms and condition regarding the User are remain legally binding to the Provider.
4. Price Plans
The service is offered by the Provider using the following price plans:
4.1. Free Plan
Free Plan has limited data and functions according to the up-to-date configuration.
4.2. Pro Plan
Pro Plan has functions according to the up-to-date configuration.
5. Payment Terms
By creating an account on fxSimulator.com, the User is automatically subscribed to a Free Plan and no fees are charged to the User. Should the User choose to subscribe to a Pro
Plan, they have the following options:
- Paying monthly subscription in the sum stated in the current Pricelist.
- Paying for a year of subscription in a single payment in the lump sum of a monthly subscription multiplied by twelve.
The User can choose to downgrade or upgrade their price plan at any time. The terms are as follows:
- Should the User who is currently subscribed to a Free Plan decide to switch to a Pro Plan, the Pro Plan will be effective after the Provider receives a successful payment from the User. The Provider will not impose any setup fees.
- Should the User who is currently subscribed to a Pro Plan decide to switch to a Free Plan, the Pro Plan will be effective for the remainder of the month that had already been paid for. After said month expires, only then will the User’s pricing plan be downgraded to a Free Plan. The Provider will not impose any cancellation fees.
5.1. PayPal gateway
Shall the User choose to subscribe to a Pro Plan, they will be redirected to the PayPal Payment Gateway and prompted to complete the payment. The Provider isn’t responsible for any fees that PayPal charges for their service.
5.2. Starter Sale
The Starter Sale discount is available for a limited time from 1. 5. 2018 to 1. 11. 2018. Any Pro Plan purchases made during this sale are eligible for the discount price. The terms are as follows:
- Should the User choose to pay monthly, the following 12 monthly payments are discounted, starting the month of the said purchase.
- Should the User choose to pay for a year of subscription in a lump sum, this single payment is discounted.
5.3. Paused Account
If any payments fail to be made by the User or a refund initiated, the Provider will pause the User’s account, cancelling their current price plan. Shall the user wish to continue using the Provider’s service, they have to renew their paid plan or subscribe to a Free Plan. The User will be prompted to do so via an automated e-mail that the User will receive to the address they had provided. The Provider will not impose any cancellation or setup fees.
5.4. Refund policy
The User cannot ask for a refund for their Free Plan as no payments have been made to the Provider. If you want refund our service it is mandatory to let us know which transaction and for what time period is it to be.
Shall the User chose to ask for a refund for their Pro Plan, the terms are as follows:
- The refund has to be issued within 14 days of the original purchase. We recommend contacting us for assistance first if you experience any issues receiving or downloading our products. You can only issue a refund for the ongoing month, any previous months are closed for refundation.
- The User can request a refund from within the platform options or via PayPal Payment Gate. If the User is applicable for a refund, the Provider will return a full sum of the purchase via means of the original transaction
- When a refund is initiated, the User’s account becomes paused. (See point 5.3 to see what a Paused Account is).
6. Service Termination
6.1 The service shall be terminated after submitting an account deletion request from the User's profile.
6.2 The User agrees that the Provider is entitled to promptly terminate the provision of services under any of the following conditions:
- The User shall breach the general terms and conditions,
- The User shall abuse, block, modify or anyhow change the functions of the Provider's service and/or has attempted to interfere with the stability, operation or the service data.
7. Protection of Intellectual Property Rights
7.1. The Provider is the author of the template, software, application and the service itself.
7.2. The User shall be obligated not to:
- copy, download and spread any of the Provider's or other Users' content without their permission;
- interfere with safety services;
- create false messages for the purpose of falsifying the User's identity or attempting to penetrate accounts of other Users.
7.3. The Provider is entitled to delete accounts with speculative character.
Unless otherwise stated, all rights, the title and interests in and to fxsimulator and all content accessible at fxSimulator including its services in various languages, formats and media as well as copyrights are the exclusive property of the provider of service fxSimulator.
The User is not allowed to use robots, data mining or data gathering, to extract tools and frame and reproduce or sublicense any part of fxSimulator and its content.
The User is not allowed to evade any mechanism and legal regulations for the purpose of unauthorized reproduction or distribution of the content including the services at fxSimulator.com.
8. Additional terms and agreements
8.1. The Provider reserves the right to change these conditions at any time without prior notice:
- incompatibility of fxSimulator.com with the end device, the User's software or their connection to electronic communications networks;
- technical inconveniences including errors and connection failures to www.fxsimulator.com.
8.2. The Provider shall attempt maximum functionality and accessibility of the provided services. Nevertheless, regarding technical aspects of the service, the Provider cannot guarantee absolute accessibility of the service. The Provider reserves the right to limit the access to the service for necessary periods of time to perform repairs, maintenance or system upgrade and to implement new system features.
8.3. The Provider shall not be liable for damages resulting from any loss of data or damage to any stored data.
8.4. Shall any errors in the course of registration occur, contact the Provider at firstname.lastname@example.org.
8.5. The data is free to use under these circumstances:
Anyone using and/or putting free web products including all or parts of the information taken from the Dukascopy Trading Tools and/or any other data available as free product form Ducascopy Bank's website shall put a clear note to the public that such data are not meant to indicate the actual value at any given point in time but represent a discretionary assessment by Dukascopy Bank SA only. The data source is Ducascopy.com.
8.6. These terms and conditions are valid and effective as of 17.7.2018