TERMS OF SERVICE

Common provisions Test

This agreement is between you (referenced herein as “you”, “User” or with “your”) and DIGITAL EMERGING OÜ, a company registered in the Republic of Estonia, (hereinafter the “TradingLite”) regulating the terms and conditions of the User's use of this website and all services, products and content provided by DIGITAL EMERGING OÜ.

These Terms of Use contain important provisions, which the User must consider carefully and understand when choosing whether to visit the Site and use the services, products and content of DIGITAL EMERGING OÜ. Please read these Terms of Use carefully before agreeing to them.

References in these Terms of Use to 'DIGITAL EMERGING OÜ', 'we', 'our' or 'us', are to the company DIGITAL EMERGING OÜ, including but not limited to, its employees, directors, officers, agents or other related parties, third parties, whose content is offered on this website and/or in TradingLite, depending on the context, and references to “User”, 'you' or 'your' are to the person with whom DIGITAL EMERGING OÜ enters into the electronic agreement, unless otherwise provided herein.

The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of DIGITAL EMERGING OÜ.

By signing up to use an account through DIGITAL EMERGING OÜ or any of our associated websites, APIs, or mobile applications (collectively the 'TradingLite Software') and/or by using TradingLite Software, you agree that you have read, understood, and accept all of the terms and conditions contained in these Terms of Use, as well as our Privacy Policy and procedures. The User has to read and to understand the entire Terms of Use carefully before each using the Site and/or any of the Services provided by DIGITAL EMERGING OÜ.

IF THE USER DOES NOT ACCEPT AND/OR UNDERSTANDS THESE TERMS OF USE, THE USER SHALL NOT ACCESS THIS SITE AND SHALL NOT USE ANY OF TradingLite SERVICES, PRODUCTS AND CONTENT.

Conduct

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

TradingLite gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by TradingLite as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TradingLite, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Billing. You can add paid features to your account (turning your account into a "Paid" or "Premium Account"). You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.

There are no refunds for monthly plans, even if the subscription is canceled on the same day as the auto-conversion payment has gone through. Refunds are available only after an automatic deduction for annual payments (i.e. after trial and after renewal) within 14 calendar days after the payment was made. Please note that users who filed a chargeback/dispute request or a claim, or paid through any other means than through our payment processor (Stripe) are not eligible for a refund.

Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, your account will be automatically downgraded to a "Free Account" or "Expired Account".

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

(a) you’re in breach of these Terms,

(b) your use of the Services in a manner that would cause a real risk of harm or loss to us or other users, or

(c) you don’t have a Paid Account and haven't accessed our Services for 12 consecutive months.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond TradingLite’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

Other than as expressly set out in these terms or additional terms, neither TradingLite nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

Liability for our Services

When permitted by law, TradingLite, and TradingLite’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of TradingLite, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).

In all cases, TradingLite, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.

Scripts

You represent and warrant that you have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to your script. If you use third-party materials, you represent and warrant that you have the right to distribute third-party material in the script. You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including patent, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material.

By publishing a script to TradingLite's script library ( Script Vault ) you grant to TradingLite a non-exclusive, irrevocable, worldwide, and perpetual license to:

  • Publish the script and the username of the author
  • Disclose the source code for "Open Source" scripts
  • Make use of the source code to perform, display and make it available to any TradingLite user who has been granted access

We may remove your script without notice if we reasonably believe that you are in violation of these Terms of Use.

You can publish the script under any license. By not including any license in the comment section of a script, you agree that your script is licensed under  MPL 2.0 .

Referrals

What are the referral rules?

  • Your referee must be a new TradingLite user and can’t have more than one account.
  • There are no limits to how many people you can refer.
  • You agree that you will not:
    • Spam any unsolicited emails or messages with the referral link.
    • Falsely mislead or manipulate users into becoming a referee.
    • Impersonate or falsely represent TradingLite by using businesses, URLs, domain names, software application names or titles, or social media handles or profiles that include the word "TradingLite" or any words that are confusingly similar to TradingLite trademarks
  • In case of any blatantly obvious attempts at cheating ( including but not limited to: self-referral, account cycling, message broadcasting, site cloning ) the referral program, we will suspend your account.

What are the referral rewards?

You and your referee receive rewards (TradingLite XP) when your referee is a new user that purchases a paid plan on TradingLite for the first time.

How do I earn TradingLite XP?

Use the generated link on the Referrals page and share it with your friends, upon their first purchase you and your friend will be rewarded TradingLite XP. Referral reward is TradingLite XP in the amount of: 10$ for any monthly subscription purchase, or 30$ for any yearly subscription purchase. In case your referee files a chargeback or claims a refund for their paid subscription, the reward that you and your referee both received from TradingLite will be canceled.

How do I spend TradingLite XP?

You are able to spend TradingLite XP by purchasing a new subscription or extending an existing one. You cannot upgrade or downgrade your current existing plan using XP, nor can you do it while a different subscription done through a different payment method is still active. Referral rewards in the form of TradingLite XP are not transferable, have no cash value, and may expire. TradingLite may cancel a reward at any time at its sole discretion.

Entire Agreement

These Terms constitute the entire agreement between you and TradingLite with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

About these Terms

We may revise these Terms from time to time to better reflect:

(a) changes to the law,

(b) new regulatory requirements, or

(c) improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.


Last modified: 15th February 2021