TTW SOFTWARE SERVICE SUBSCRIPTION AGREEMENT
Last Update: April 10, 2023
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:
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TTW-TradeFinder Basic for Bookmap™
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TTW-TradeFinder Pro for Bookmap™
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TTW-TradeFinder Ultra for Bookmap™
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TTW-TradeFinder CEDRO for Bookmap™
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TTW-TradeFinder CRYPTO for Bookmap™
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TTW-Trend Analyzer PRO and Basic for Bookmap™
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 disagree with these terms, you must immediately stop using the Services and/or Software.
In the event of any conflict between this Agreement and any terms of use, the terms of this Agreement shall prevail and control.
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 stay informed of any changes. Your continued use of the Services following the modification of this Agreement constitutes your consent to be bound by the modified Agreement.
During a Subscription Period, subject to your due payment and TTW’s receipt of all due and payable Subscription Fees, TTW grants you a revocable, limited, non-transferable, non-exclusive license to access the TTW Software Services and use the Services under the terms of this Agreement.
GENERAL SUBSCRIPTION AGREEMENT
By agreeing to this Subscription Agreement, you agree to subscribe to the Services you have selected on a monthly, half-yearly, or yearly basis, commencing on the initial subscription date at the respective subscription rate for the selected Services, until you cancel your subscription in your member portal at https://ttwtrader.com/members/
TTW reserves the right to increase your “Subscription Price” subscription rate upon written notice to you, provided not less than sixty (60) days before the effective date of such increase.
Once your subscription or trial payment has been charged, there is no refund policy. Please be aware of your subscription payment dates and cancel in time if you do not wish to continue your service.
You understand that an active subscription is required to use the Software and to obtain technical support, including, but not limited to, activation, re-activation, and authorized transfer of the Software to another computer. You may cancel your order for subscription services at any time at https://ttwtrader.com/members/
Further terms and conditions are in the TTW Software License Subscription Agreement below.
TTW SOFTWARE LICENSE SUBSCRIPTION AGREEMENT
This Agreement is a subscription contract for services, setting forth the terms and conditions of the license to use TTW Software for Bookmap™ (the “Software”). Additional terms and restrictions concerning your use of the Software are contained in the respective TTW Trading Systems PTE. LTD. End-User License Subscription Agreement(s) and are incorporated herein by reference. This Agreement shall automatically renew from month to month, unless otherwise terminated according to its terms.
SOFTWARE:
“Software” refers to all TTW-TradeFinder for Bookmap™ Software, or any or all thereof, as applicable, and any other computer software or electronic files provided by TTW to you under the terms of this Agreement.
LICENSEE:
The term “Licensee” shall refer to the individual customer or customer firm granted the License(s) under the terms of this Agreement.
By accepting this Agreement, you, as the Licensee and recipient of the service, acknowledge that you are a business entity, not an individual consumer. You understand that all prices are exclusive of VAT or sales tax. You shall provide proof of your business status in the form of a commercial register excerpt or confirmation from the tax office to TTW without being requested. The tax liability is transferred to you as the service recipient.
CONTACT PERSON:
The term “Contact Person” shall refer to the individual designated by the Licensee, if different, to receive all notices or other information regarding or affecting the License(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 thereto.
PAYMENT TERMS AND TERMINATION:
The monthly, half-yearly, or yearly 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 canceling their subscription.
The Licensee authorizes TTW Trading Systems PTE. LTD. to charge their bank debit or credit card account for periodic subscription fees automatically. The Licensee agrees to maintain their account current and in good standing, such 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 non-refundable if the Subscriber cancels or if the Subscription is terminated for cause. TTW is not obligated to prorate or refund any accrued subscription fees. 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 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, re-activation, registration, re-registration, and authorized 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.
Additional Terms
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 License
TTW grants the Licensee a number of licenses to use the Software corresponding to the Licensee’s subscriptions. Licenses may be used on a computer network and/or individual stand-alone computers. One license is required for each authorized workstation, whether on a network or stand-alone, irrespective of the number of users. Additional licenses may be added to the Licensee’s Monthly Subscription Fee. If periodical Subscription Fee payments are not received as stipulated in this Agreement, TTW may revoke the Grant of License without further notice to the Licensee.
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 license fee paid for the current term of the Agreement, or (b) correction of the Software at TTW’s sole expense.
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.
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 written notice to the Licensee, provided not 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 Services 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.