By subscribing to TTW Trading Systems PTE. LTD. Software (the 'Software'), you agree to the following Software Service Subscription Agreement (the 'Agreement') for the product(s) you have selected:
- TradeFinder Basic for Bookmap™
- TradeFinder Pro for Bookmap™
- TradeFinder Ultra for Bookmap™
- Trend Analyzer PRO and Basic for Bookmap™
- Iceberg Detector PRO for ATAS™
This Agreement is a legally binding contract between you (the 'Subscriber') and TTW Trading Systems PTE. LTD. ('TTW'). This Agreement governs your use of TTW’s range of services, software, and any associated online and offline documentation.
By clicking 'I Agree', downloading, or otherwise using the Software or Services, you consent to all the terms and conditions outlined in this Agreement. If you do not agree with these terms, you must immediately cease using the Services and/or Software.
In the event of any conflict between this Agreement and any other terms of use, the terms of this Agreement shall prevail.
TTW may modify the terms of this Agreement from time to time and shall post the most current version at www.ttwtrader.com. It is your responsibility to monitor and remain informed of any changes. Continued use of the Services following such modifications constitutes your acceptance of the amended Agreement.
General Subscription Agreement
By agreeing to this Subscription Agreement, you consent to subscribe to the Services you have selected on a monthly, half-yearly, or annual basis, commencing on the initial subscription date at the respective subscription rate for the selected Services, until you cancel your subscription via your member portal at https://ttwtrader.com/members/.
TTW reserves the right to increase your 'Subscription Price' upon providing written notice no less than sixty (60) days before the effective date of such an increase.
You understand that an active subscription is required to utilise the Software and access technical support, including, but not limited to, activation, reactivation, and the authorised transfer of the Software to another computer. You may cancel your subscription at any time via https://ttwtrader.com/members/.
Refunds
By accepting this Agreement, you acknowledge and agree to be bound by our refund policies, which are available at the TTW Refund Policy.
TTW Software Licence Subscription Agreement
This Agreement constitutes a subscription contract for services, outlining the terms and conditions of the licence to use TTW Software for Bookmap™ (the 'Software'). Additional terms and restrictions regarding your use of the Software are included in the respective TTW Trading Systems PTE. LTD. End-User Licence Subscription Agreement(s), which are incorporated herein by reference. This Agreement shall renew automatically on a monthly basis unless otherwise terminated in accordance with its terms.
Software
'Software' refers to all TTW-TradeFinder for Bookmap™ Software and any related computer software or electronic files provided by TTW to you under the terms of this Agreement.
Licensee
The term 'Licensee' refers to the individual customer or customer entity granted the Licence(s) under the terms of this Agreement.
By accepting this Agreement, you, as the Licensee, confirm that you are a business entity and not an individual consumer. You acknowledge that all prices are exclusive of VAT or sales tax. You shall provide proof of your business status, such as a commercial register excerpt or confirmation from the tax office, to TTW. Tax liability is transferred to you as the recipient of the service.
Contact Person
The term 'Contact Person' refers to the individual designated by the Licensee, if different, to receive all notices or other information relating to the Licence(s) or the Software. The Licensee agrees to provide TTW with the name, address, telephone number, and email address of the Contact Person and promptly notify TTW of any changes.
Payment Terms and Termination
The monthly, half-yearly, or annual subscription contract for services requires payment of a Subscription Fee, which shall be charged and accrued on or about the same business day of each month, half-year, or year until this Agreement is terminated by TTW or until the Licensee notifies TTW of, and TTW receives, a termination notice from the Licensee cancelling their subscription.
The Licensee authorises TTW Trading Systems PTE. LTD. to charge their bank debit or credit card account for periodic subscription fees automatically. The Licensee agrees to keep their account current and in good standing so that charges can be collected. The Licensee shall also promptly inform TTW of any changes in the account number, expiration date, or other information necessary to ensure the uninterrupted processing of payments.
Subscription fees are due and payable to TTW on or about the same business day of each month in advance, without demand (hereinafter 'Due Date'). Any subscription fees due and payable to TTW, not received by the Due Date, shall be considered delinquent.
TTW reserves the right to increase your subscription rate upon providing written notice no less than sixty (60) days before the effective date of such an increase.
TTW reserves the right to terminate the Licensee’s access to the Software if the Licensee is delinquent, as previously defined.
An active subscription is necessary to use the Software or obtain technical support, including, but not limited to, activation, reactivation, registration, re-registration, and authorised transfer of the Software by the Licensee to another user. Terminating the Licensee’s subscription for any reason will immediately result in the denial of access to the Software and related services. Program updates for all TTW-TradeFinder for Bookmap™ software products are provided to Licensees at no additional cost.
Updates
While this Agreement is in effect, TTW will provide the Licensee with all applicable updates and upgrades for the Software at no additional charge unless otherwise stated. TTW reserves the right to deliver updates and upgrades via internet download. Current updates and upgrades will not be available to delinquent Licensees.
Additional Services
TTW offers training materials accessible within the Software and online at www.ttwtrader.com. Unlimited, toll-free customer support related to the Software is available at no additional charge to current subscribers. TTW reserves the right to modify, add, or remove items from the list of Additional Services, charge a fee for any Additional Service before delivery, or deny the Additional Service to any Licensee for any reason at TTW’s sole discretion. These services may be offered through various methods, including mail, electronic mail, text messaging, telephone, facsimile, the TTW website, or other methods, as determined by TTW.
Grant of Licence
TTW grants the Licensee a number of licences to use the Software corresponding to the Licensee’s subscriptions. Licences may be used on a computer network and/or individual stand-alone computers. One licence is required for each authorised workstation, whether on a network or stand-alone, irrespective of the number of users. Additional licences may be added to the Licensee’s Monthly Subscription Fee.
The Licensee may not transfer, assign, sublicense, or otherwise make the licence(s) available to any third party for their use, whether by resale, lease, lending, or any other means, without the express prior written consent of TTW PTE LTD. Any attempt to do so without such written approval shall be deemed a material breach of this Agreement.
If periodical Subscription Fee payments are not received as stipulated in this Agreement, TTW may revoke the Grant of Licence without further notice to the Licensee. Furthermore, TTW reserves the right to pursue any additional remedies available under law for unauthorised use or transfer of the licence.
Limited Warranty
The Software is provided 'AS IS' and, to the maximum extent permitted by applicable law, TTW disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and any warranty against infringement. The Licensee assumes the entire risk related to the quality and performance of the Software. This Limited Warranty provides the Licensee with specific legal rights, which may vary depending on the jurisdiction.
If TTW fails to remedy material defects in the Software, the Licensee’s exclusive remedy shall be, at TTW’s option, either (a) a refund not exceeding the licence fee paid for the current term of the Agreement, or (b) correction of the Software at TTW’s sole expense.
No Liability for Damages or Trading Losses (See also Disclaimer – TTWTrader)
To the maximum extent permitted by applicable law, TTW shall not be liable for any damages whatsoever (including, without limitation, damages for loss of trading profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the Software, even if TTW has been advised of the possibility of such damages. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the Licensee.
Data Privacy and Protection
TTW is committed to protecting your privacy and complying with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). By using the Software and Services, you agree to TTW’s collection, use, and disclosure of your business and/or personal information as described in our Privacy Policy, which is incorporated herein by reference.
TTW will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including the pseudonymisation and encryption of business and/or personal data, to protect against unauthorised or unlawful processing, accidental loss, destruction, or damage.
You have the right to access, rectify, or erase your business and/or personal data, the right to restrict or object to the processing of your business and/or personal data, and the right to data portability. For any requests related to your data or for more information, please refer to our Privacy Policy or contact our Data Protection Officer at support@ttwtrader.com.
Automatic Renewal and Subscription Management
Your subscription will automatically renew at the end of each subscription period unless you cancel it at least 24 hours before the end of the current period. By agreeing to this Agreement, you consent to the automatic renewal of your subscription under the same terms and conditions, unless otherwise notified.
You will receive a reminder notification via email or other electronic means at least 30 days before the renewal date, detailing the terms of the upcoming renewal and instructions on how to cancel if you do not wish to renew.
You may manage and cancel your subscription at any time through your member portal at https://ttwtrader.com/members/. If you cancel, your subscription will continue until the end of the current billing period, and you will not be charged for the following period.
Accessibility and Non-Discrimination
TTW is committed to ensuring that our Software and Services are accessible to all individuals, including those with disabilities, in compliance with applicable laws such as the Americans with Disabilities Act (ADA) and other relevant regulations.
We do not discriminate based on race, colour, religion, sex, national origin, age, disability, or any other characteristic protected by law. If you have any questions or need assistance regarding accessibility or any other concerns, please contact our customer support team at support@ttwtrader.com.
Dispute Resolution and Arbitration
Any disputes arising out of or relating to this Agreement, including any questions regarding its existence, validity, or termination, shall be resolved through binding arbitration in accordance with the rules of the Singapore International Arbitration Centre (SIAC).
The arbitration shall be conducted in Singapore, in the English language. The arbitral tribunal shall consist of a sole arbitrator appointed by mutual agreement of the parties or, failing such agreement, by the SIAC. The arbitrator's decision shall be final and binding on the parties.
Notwithstanding the foregoing, TTW reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
Force Majeure
TTW shall not be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, war, strikes, lockouts, labour disputes, civil unrest, natural disasters, or any other similar events or circumstances.
In the event of a force majeure, TTW will use reasonable efforts to notify the Licensee of the occurrence of such an event and its expected duration. The performance of TTW’s obligations shall be suspended for the duration of the force majeure event, and TTW shall not be liable for any damages resulting from such suspension.
General
In the event the terms of this Agreement conflict with any other representations, either express or implied, made by any person or contained within any materials supplied by TTW, the provisions of this Agreement shall prevail. All prices and terms are subject to change, and TTW reserves the right to increase the Licensee’s Monthly Subscription Fee rate upon providing written notice no less than sixty (60) days before the effective date thereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect. The Agreement specifies that any cause of action arising under or in connection with this Agreement shall be governed by the laws of Singapore, and the venue shall be Singapore.
By accepting this Agreement, the Licensee expressly consents to allow TTW Trading Systems PTE. LTD. to send information to the Licensee or the Licensee’s designee for any purpose via facsimile transmission or text messaging to any wireless device number provided by the Licensee or the Licensee’s designee. Additionally, the Licensee consents to TTW Trading Systems PTE. LTD. contacting the Licensee or the Licensee’s designee via telephone, electronic mail, or any wireless telephone number provided by the Licensee or the Licensee’s designee.
Failure by TTW Trading Systems PTE. LTD. to exercise any of its rights under this Agreement shall not be construed as a waiver of TTW Trading Systems PTE. LTD.’s ability to exercise such rights thereafter.