Terms of Service

Please read these terms carefully before using our services

Last Updated: April 12, 2024

1. Acceptance of Terms

By accessing or using the Oculus FX platform, website, and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.

These Terms constitute a legally binding agreement between you and Oculus FX ("we," "our," or "us") regarding your use of the Services. Please read them carefully.

2. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

3. Account Registration and Security

To access certain features of our Services, you may need to create an account. When you register for an account, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading, or if you violate any provision of these Terms.

4. Description of Services

Oculus FX provides AI-powered trading intelligence, risk monitoring, and strategy optimization tools for algorithmic traders. Our Services may include, but are not limited to:

  • Real-time trading strategy monitoring and analysis
  • Risk assessment and management tools
  • AI-powered trading insights and recommendations
  • Trading strategy optimization
  • Performance tracking and reporting

We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice or liability.

5. Financial Disclaimer

The information provided through our Services is for informational and educational purposes only and is not intended as financial advice. We do not guarantee the accuracy, completeness, or timeliness of any information provided through our Services.

Trading in financial markets involves substantial risk, including the potential loss of principal. Past performance is not indicative of future results. You should carefully consider your investment objectives, level of experience, and risk appetite before using our Services or making any investment decisions.

You are solely responsible for your trading and investment decisions. We are not responsible for any losses or damages resulting from your use of our Services or reliance on the information provided.

6. Subscription and Payment Terms

Some features of our Services may require a paid subscription. By subscribing to our Services, you agree to pay all fees associated with your subscription plan.

All subscription fees are billed in advance and are non-refundable, except as expressly provided in these Terms or as required by applicable law. Subscription fees are subject to change upon notice, which may be provided through our website or by email.

You authorize us to charge the payment method you provide for all fees related to your subscription. If your payment cannot be completed, we may suspend or terminate your access to the Services.

You may cancel your subscription at any time through your account settings or by contacting our support team. Upon cancellation, your subscription will remain active until the end of your current billing period, after which it will not renew.

7. User Content and Conduct

Our Services may allow you to upload, submit, store, send, or receive content, including but not limited to trading strategies, configuration files, and comments ("User Content").

You retain ownership of any intellectual property rights that you hold in your User Content. However, by uploading, submitting, storing, sending, or receiving User Content through our Services, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content for the purpose of providing and improving our Services.

You agree not to use our Services to:

  • Violate any applicable law or regulation
  • Infringe the intellectual property rights of others
  • Transmit any material that is harmful, threatening, abusive, or otherwise objectionable
  • Impersonate any person or entity or falsely state or misrepresent your affiliation
  • Interfere with or disrupt the Services or servers or networks connected to the Services
  • Attempt to gain unauthorized access to any part of the Services

We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason, without prior notice.

8. Intellectual Property Rights

The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, and the selection and arrangement thereof, are owned by us, our licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in the Services or any content, features, or functionality thereof. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution

9. Third-Party Services and Content

Our Services may contain links to third-party websites, services, or content that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

10. Termination

We may terminate or suspend your access to all or part of our Services, with or without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of our Services, us, or third parties, or for any other reason.

Upon termination, your right to use the Services will immediately cease, and you must cease all use of the Services and delete any copies of materials you have obtained from the Services.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

13. Indemnification

You agree to defend, indemnify, and hold harmless us, our directors, employees, agents, partners, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in New York, New York, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

The prevailing party in any arbitration or other legal action arising out of these Terms or the Services shall be entitled to receive reimbursement of its reasonable attorneys' fees and costs.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

17. Entire Agreement

These Terms constitute the entire agreement between you and us regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Services.

18. Contact Information

If you have any questions about these Terms, please contact us at:

Oculus FX

350 5th Avenue, New York, NY 10118

United States

legal@oculusfx.com

By using our Services, you acknowledge that you have read and understood these Terms of Service.

Contact Us