Terms and Conditions

1.1 Use of the Site

By using this Site in any way, whether opening an account, placing an order, or using any of the services offered, including through direct purchases at events, conferences, trade shows, and/or through referral programs, network marketing, etc., the user agrees to follow and abide by these Terms and Conditions. Any interaction with the Site and Services through the use of browsers, applications, programs, or other tools, whether installed by the user or by third parties, will be considered as a knowing and informed use of this Site. Use of this Site is not permitted if the user has objections to any of these Terms and Conditions. These Terms, including any legal notices and disclaimers contained in the Portal, constitute an addendum and integration to any contractual relationship between the Provider and the User ("Service Provision Contract") that is established with customers at the time of purchase or subscription to the service, regarding the use of the Services and supersede all previous agreements and understandings for the same.

1.2 Eligibility

This Site is offered and available to users who have the minimum age required by applicable law to enter into a binding contract. If the user does not meet all these requirements, they must not access or use the Site or our Services without adult supervision. Please note that the Provider has no obligation to monitor the age and legal capacity of users in the provision of its Software and Products.

1.3 Express Acknowledgment

By accepting these Terms and/or purchasing any of our Services regardless of the methods, the user expressly declares that they have read and understood all the terms included herein and have taken time to consider the consequences of this important decision. If at any time you do not agree or cannot comply with any of these Terms of Use, you must not, and are not permitted to, access or use this Site and must terminate any contractual relationship. The Provider offers the Site and the Products and Services offered here subject to acceptance, without modifications, of these Terms; of the Privacy Policy and Cookie Policy; and of any eventual contractual document presented.

1.4 Implicit Acceptance

The use of the Site, as well as the eventual purchase of our Services and Products, regardless of the location and method, constitutes implicit acceptance of this document. These Terms of Use contain disclaimers of warranties and limitations on remedies for which the user is invited to pay particular attention.

2.1 Description of Services

Through our Services, we offer the possibility to use a wide range of trading-related tools as specified in the appropriate document that establishes the contractual relationship ("Service Provision Contract") that is concluded with customers at the time of purchase or subscription to the service.

2.2 Definition of Users

The users of our Services are collectively referred to as "Users" and/or "Customers" whether they are private individuals or legal entities.

2.3 Technical Requirements

To use the Services, it may be necessary to use certain personal hardware and software components that are not part of our commercial offerings. These might include a personal computer and a VPS service compatible with our software (the "Product"). The User is solely responsible for the installation, configuration, and maintenance of the software program and all related software, hardware, and VPS used for the Services. SW does not expressly guarantee that the Services and software will be compatible with all User devices and VPS. Similarly, the Provider does not guarantee that the User's hardware and software devices (including third-party applications selected by the User) will function regularly without interruptions or problems. Furthermore, to dispel any doubt, the Provider has no power, nor could it have, over the aforementioned components or services selected by the user. Any statement of compatibility or sponsorship of third-party hardware, software, or services is to be understood as excluding responsibility for the actual functioning of the same. Any decision is always left to the customer. Additional charges may occur from your operator due to the use of our Services (such as electricity, Internet subscriptions, VPS service, etc.). The User is solely responsible for such charges.

2.3.1 User Responsibility: The User represents and agrees to be solely responsible for all expenses incurred, or to be incurred, related to any activity used through our Portal and Services, including, without limitation, all taxes, processing fees, and other expenses.

2.3.2 Compliance with Terms: The User must use the Services in accordance with and within the limits of this Agreement, as well as any other applicable agreement.

2.3.3 Information from Partners: The User agrees that all information they have become aware of from our Partners or third parties (including on the Services and Products of the Provider) is rendered by the respective parties in a completely autonomous and independent manner without SW having, unless expressly stated, any role in this regard. To dispel any doubt, the Provider does not guarantee profits, nor solicit financial products or otherwise through its Services; where anyone, based on their experience, makes such statements, they represent personal events that are not endorsed by the Provider.

2.4 Registration Process

Requesting information about our Services, or the provision of a license for the Software, requires that the User:

2.4.1 Provide contact information and identification details;

2.4.2 Submit any other form of authentication required as part of the registration process, at the sole discretion of the Provider.

2.5 Data Modification

Before providing your data using the request form available on our website, or at special events, trade shows, or conferences, you can modify the information entered at any time. After submitting this information, to modify your data you will need to contact us.

2.6 Account Opening Procedure

The prospective Customer initially completes an account opening request, requesting a license for the Software (via the Site or in the modalities made available at relevant events, trade shows, or conferences, social chatbots, or through referral campaigns). Consequently, the applicant is subjected to a screening process required by law. Additional documents may be requested. If such a process does not reveal anomalies, the Provider requests implicit acceptance via payment or the signing of the document that establishes the contractual relationship ("Service Provision Contract") that is concluded with customers at the time of purchase or subscription to the service. As a positive outcome of this operation, SW provides all necessary indications for the software license. The User can cancel the account or license at any time by contacting the Provider.

2.7 Account Suspension and Cancellation

The Provider may freeze, delete, and limit, even partially, access to the Portal, Software, and Services to any account:

2.7.1 To comply with applicable regulations;

2.7.2 If the User provides information that the Provider deems, in its sole discretion, false, inaccurate, not up-to-date, or incomplete (or if the information becomes false, inaccurate, not up-to-date, or incomplete);

2.7.3 If the Provider determines, in its sole discretion, that any user is using an account in a manner not permitted by these Terms of Use or any other applicable binding document;

or

2.7.4 In other circumstances, as deemed appropriate by the Provider in its sole discretion.

In any case, accounts that have remained inactive after a number of months at the discretion of the Provider from their creation will be automatically disabled by the Provider itself, without prejudice to the possibility of subsequent new creations. An account is considered inactive if, after one month from its creation, the holder has not made any purchase of the Services.

2.8 Usage Restrictions

The User expressly agrees not to:

2.8.1 Create an account or request any Service on behalf of another person or entity, create more than one account, use another person's account, or impersonate another person or entity;

2.8.2 Use the Site or the Network for any purpose that is illegal or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others;

2.8.3 Limit or inhibit other Users from using and enjoying the Services, events we may participate in, or the Network;

2.8.4 Circumvent or reverse engineer the Site or our systems or obtain unauthorized access to any area of the Services or to other systems or networks connected to the Services, or to any of the services offered on or through the Services that are not intended for your access, through hacking, password "mining", or other illegitimate means;

2.8.5 Make misleading information that solicits public savings or constitutes financial intermediation through the Services, the Portal, or the Network;

2.8.6 Take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Platform or our systems or networks, or on any system or network connected to the Site, including "flooding" the Site with requests;

2.8.7 Use the Services to obtain competitive information about us or any product offered through the Site or to compete with us or our affiliates;

2.8.8 Use the Services to provide services to third parties (including savers, depositors, or investors) related to regulated activities (including any activity connected to financial instruments). The Services are exclusively for private use;

2.8.9 Manipulate or falsify data on the Site or the Software.

2.8.10 Engage in any misuse or abuse of the NervaTrade APIs, including but not limited to excessive requests, unauthorized access attempts, reverse engineering, or use for purposes other than those expressly permitted.

2.8.11 Utilize automated systems or software to extract data from the Website (including 'screen scraping' or 'web scraping') for commercial or non-commercial purposes without the Provider's express written permission.

2.9 License Maintenance

The License provided functions exclusively on the associated account number. The User is solely responsible for the maintenance and protection of their license information. In case of subscription purchase, the User is solely responsible for the respective expiration dates.

2.10 Storage of Communications

SW will store the Customer's statements and communications made during each process.

2.11 User Tools

The Services offer various tools to Users (collectively, "User Tools"), some of which are provided by third parties. We are not responsible for the availability, suitability, or effectiveness of any of these User Tools, whether provided by third parties or not. This is regardless of who provides or any sponsorship of their banner, logo, or other on our Site. We are also not responsible for the availability, suitability, or effectiveness of User Tools provided by third parties who are, in any way, our partners.

2.12 Compliant Use

The User undertakes to use the Services in full compliance with the instructions provided. SW will not be responsible for any improper use. The Provider is not obliged to technically support the User's obsolete devices. Any software may not work, in whole or in part, on devices other than those indicated. The Provider may, without notice, modify its software and applications.

3.1 Data Collection via Telegram API

In the context of using Telegram bots developed by StormWave Technologies, data provided by users in private chats with the bot is collected through the Telegram API. The data collected includes:

• User ID;
• Username;
• First and last name (if provided);
• Application language;
• Messages interacting with the chatbot.

3.2 Limitations of Data Collection

No geolocation data, IP addresses, phone numbers, or emails are collected. Data collection is strictly limited to public data as specified in point 3.1 of Telegram's privacy policy (https://telegram.org/privacy/eu). This approach complies with the data minimization principles provided for by Art. 5, paragraph 1, letter c) of EU Regulation 2016/679 ("GDPR").

3.3 Data Management and Processing

The processing of data collected through Telegram bots is managed exclusively by StormWave Technologies and is not delegated to third parties. The personal data collected is used solely for the proper functioning of the produced bots, to authenticate and identify users, to send messages in the bot chat, and to provide updates on the bot and StormWave products. This processing is based on the legitimate interest of the data controller, in accordance with Art. 6, paragraph 1, letter f) of the GDPR.

3.4 Request for Membership to Specific Telegram Channels

To ensure an optimal user experience and in compliance with the purposes of the bot, the bot may require, for its use, membership to a specific Telegram channel. This requirement is implemented to verify the authenticity of users and to provide a personalized and secure service.

3.5 Data Retention

Data collected through Telegram bots is retained for the time strictly necessary to satisfy the purposes for which it was collected, in compliance with the principles of storage limitation established by Art. 5, paragraph 1, letter e) of the GDPR. Once the processing purposes have been achieved, the data will be deleted or anonymized, unless its retention is required to fulfill legal obligations.

3.6 User Rights

Users have the right to access their personal data, request its rectification or deletion, object to processing, and exercise the other rights provided for by Arts. 15-22 of the GDPR. Requests can be submitted to the Data Protection Officer (DPO) at the contact details specified in our Privacy Policy.

3.7 Moving Customers to StormWave Telegram Groups or Channels

To improve communication between the provider and the customer, StormWave Technologies reserves the right to move customers within Telegram groups or channels belonging to StormWave using the user's chat ID. This process is aimed at facilitating the dissemination of important information, updates on products and services, as well as providing more efficient and personalized customer support. Users will be informed of such movements and can always choose to leave the groups or channels in which they have been added. This data processing is carried out in compliance with current regulations and based on the legitimate interest of the data controller, as provided for by Art. 6, paragraph 1, letter f) of the GDPR.

3.8 Data Processing with Hash (and Salt if deemed necessary)

In the context of using the Telegram bots developed by StormWave Technologies, we adopt advanced hashing (and salting if deemed necessary) techniques to ensure the protection of users' personal data. These techniques are implemented to maintain an "anonymous memory" of the data, both for security reasons and for fraud prevention, especially for those users who access the chatbot and reject the terms of this document. The adoption of such techniques is crucial to prevent the abuse of technologies and free credits offered. Hashing converts personal data, such as the Telegram user ID, into a unique string of characters using secure cryptographic algorithms. Salting adds an additional level of security, combining the data with a unique value before hashing, ensuring that even identical data generate different hashes. These procedures ensure that anonymous data cannot be easily traced back to users without additional information, thus protecting the privacy and security of users in compliance with current regulations.

4.1 Neutrality of Services Offered

As a User, you acknowledge that the Services offered by StormWave Technologies function exclusively as a neutral venue. SW is, and intends to be, exclusively a software house; therefore, it does not provide, under any circumstances, directly or through third parties, investment advice, solicitation to public savings, or financial intermediation.

4.2 User Responsibility

The User declares and guarantees to be aware that the Portal and our Services exclusively support their activities. Therefore, they have read and understood the following risk information. The User declares and guarantees to be aware that StormWave Technologies has no control, authority, or supervision over the financial services for which the Products are provided. Similarly, we have no role in the opinions or information that may be provided by members of our Network or Partners. Under no circumstances do our Services relate to a financial product, and therefore they cannot be considered in any way the necessary element to qualify our offers as an "offer to the public" pursuant to art. 1, paragraph 1, letter t), of the TUF [Consolidated Law on Finance]. Anyone, even using our Products, who provides any additional activity, is directly responsible, without any role from SW.

4.3 Exclusive Responsibility for Trading Activities

Any trading activity carried out under these Terms is the sole responsibility of the User. Consequently, we make no representations or warranties and are not responsible for the actions or omissions of our Users. Any activity is purely possible as it is always the user who ultimately decides whether, even with the operational help of SW Services, it is appropriate to invest, without being in any way bound to do so.

4.4 Absence of Personalized Recommendations

It is specified that the Provider's Services are never "personalized recommendations". The Services are generalized activities, i.e., rendered in a standard form for the generality of subjects. Our Products exclusively provide tools to manage, by entering parameters, certain aspects of trading activities. Any investment must be directly referred to the customer themselves (as their autonomous and free choice) and not carried out by SW on behalf of the same user.

4.5 Adequate Knowledge and Understanding

The Services and Products must not be used without adequate knowledge and understanding thereof.

5.1 Limited License

StormWave Technologies (hereinafter "SW") grants the user a limited, personal, non-exclusive, non-transferable, non-sub-licensable, and revocable license to use the Site, Products, and Services. Our Products contain copyrighted material, inventions, know-how, potentially patentable material, designs, logos, phrases, names, shapes, and styles (collectively "Intellectual Property Content"). Unless otherwise indicated and/or provided under a third-party license, our Intellectual Property Content is our exclusive property, including during events, fairs, and conferences, and we reserve all relevant rights, interests, and titles.

5.2 Intellectual Property Rights

The Provider claims intellectual property rights under copyright and trademark laws regarding the "look", "feel", "appearance", and "graphic function" of the Site and the Products and Services, including, but not limited to, color combinations, sounds, layouts, and designs. The User may not, unless expressly authorized in writing by the Provider, distribute or commercially exploit any material (even after establishing a commercial relationship, unless otherwise provided in writing). The User, even if belonging to the Network, does not represent the Provider in any case or event and has no intellectual property rights over any material not originally produced by them (unless otherwise stated in writing).

5.3 Violation of Terms

Violation of any of the clauses expressly provided in these Terms, or other Terms and Conditions under this Site, is a clear violation of the Provider's Intellectual Property. All intellectual property related to Projects invented, created, conceived, or developed, as a direct result of the development of any material of the Provider, or ideas, without a specific contract transferring ownership, will be the exclusive property of the Provider.

5.4 Injunction and Remedies

The User acknowledges that, in case of violation or threat of violation of any provision related to the Provider's Intellectual Property, within any Agreement or Terms, the damage suffered by the Provider would not be compensable solely by monetary damages and, consequently, the Provider will be entitled, in addition to other legal or equitable remedies available, to an injunction against such violation or threat of violation.

5.5 Responsibility for Costs and Damages

All expenses, costs, fees, damages, losses, royalties, or other amounts paid in settlement incurred in connection with an Infringement Claim will not be in any way borne by and/or the responsibility of the Provider, but will be exclusively borne by and/or the responsibility of the User.

6.1 Ordering Methods

All orders must be placed through our Portal or via email, or through Telegram bots, unless alternative methods are expressly specified during events, fairs, conferences, etc., as well as specific partnerships and referral programs. It is the user's responsibility to promptly notify of any incorrect orders. Confirmation receipts will be considered conclusive and binding in the absence of an obvious error. The User has the right to object in writing to any information contained in the confirmation receipt within five (5) business days and, in any case, before the activation of the Services, where these cannot be revoked.

6.2 Conditions of Use of Products and Services

By using our Products and Services, and placing an Order, the user agrees that:

6.2.1 Before placing such an Order, the user has understood the functioning of an Order and will not place an Order without fully understanding the associated terms and conditions, as well as the function of mere support for their autonomous activities. The user agrees not to place an order if they do not fully understand the terms and conditions associated with such an Order. Details regarding the functioning of Orders are available in the Product Details or are communicated by our employees upon request.

6.2.2 The acceptance or rejection of an Order is at our sole discretion.

6.2.3 In case of extension of the validity period of a product, the extended period will begin the day after the end of the old period. In any case, any extension for subscription products, such as an upgrade or downgrade, must be requested by the Customer.

6.2.4 We cannot be held responsible for any direct, indirect, or consequential losses related to the Services offered and purchased with an Order. Similarly, we cannot be held responsible for costs, damages, charges, or expenses caused directly or indirectly by any delays in the provision of our Services and Products.

6.2.5 Trading activities carried out through the Services are the exclusive prerogative of the user, and we cannot be held responsible under any circumstances.

6.2.6 We cannot be held responsible for any direct, indirect, or consequential losses.

6.2.7 The User declares and guarantees to be aware that we reserve the right, at our sole discretion, to impose restrictions on withdrawals from our Products where the latter, once activated, cannot be revoked (this is to prevent unfair user practices).

6.3 Order Confirmation and License Information

After order confirmation, we will send the user detailed order information via email (we may also share the same information in the user area), as well as a "license number" for the Software. SW is responsible only for the information it provides directly. Any advice or support provided by third parties (including Network members and Partners) must be considered disconnected and not supported by the Provider. The User agrees to pay all applicable taxes according to our agreed rates and conditions. All fees are based on the services purchased, regardless of actual use. If the User does not pay within the agreed terms, or the selected payment fails for any reason, the Provider reserves the right to suspend access to the account and terminate the existing business relationship. Services are offered both as a perpetual purchase and as a subscription.

6.4 Order Cancellation

We reserve the right to cancel any transaction and order if we believe one of the following situations has occurred:

6.4.1 Fraud, illegal acts, or lack of administrative cooperation;

6.4.2 Operations carried out in violation of the provisions of these Terms and any mandatory relationship.

6.5 Manifest Error

Regardless of our right under current legislation and any contractual document, we reserve the right to cancel any Operation that contains or is based on a manifest error of writing, calculation, technical nature, or similar (the "Manifest Error"). In deciding whether or not a Manifest Error exists, we will proceed within the limits of reasonableness. We will inform the user of any cancellation as soon as we become aware of the Manifest Error. Following the cancellation of a manifestly erroneous Order, the Customer will be entitled to request any payments made and any sum of money transferred.

6.6 Order Validation

The only entity authorized to validate or invalidate an Order is the Provider. Any "guarantee" or "exposure" by third parties (including Network members and Partners) must be considered unfounded.

6.7 User Representations and Warranties

The user agrees that each of the following representations and warranties is deemed present each time a Transaction is opened or closed with reference to the circumstances prevailing at that time:

6.7.1 That they were not forced or otherwise persuaded to accept;

6.7.2 That the data provided by the user to us is complete, truthful, accurate, and not misleading in any respect and that the certificates provided are authentic;

6.7.3 That the user is of sound mind, of legal age, and has legal capacity;

6.7.4 That the user understands how transactions and services hereunder work before using our Services, warrants understanding the terms and conditions of these Terms and Conditions and the related legal and financial implications;

6.7.5 That the user has read and understood the Risk Disclosure(s);

6.7.6 That the user has implemented all suitable activities to understand the functioning and characteristics of our software. It is also understood that any activity is subject to the User's autonomous choice as the Provider cannot intervene in the process;

6.7.7 That, if they purchased through the intervention of Network members, or the intermediation of any Partner at events, fairs, and conferences, they have implemented all suitable activities to understand the functioning and characteristics of the service, as well as the role of the aforementioned subjects, completely disconnected from the Provider. It is also understood that our Products and Services are an aid that cannot replace your choices;

6.7.8 The User also declares to have understood the data management methods.

6.8 Account Modification

The Provider expressly informs the User that the software (including its license) will be functional exclusively on the account number expressly indicated by the User. In case of account modification, it is the sole responsibility of the User to promptly communicate it, also providing:

6.8.1 A new account number;

6.8.2 A written and certified statement from the broker of the modified account attesting to the final and irreversible termination of the account. It is also stated that, if the Services are non-cancellable, any withdrawal must be operated by users before the activation and use of the Service.

7.1 General Disclaimer of Warranty

To the extent permitted by applicable law, users acknowledge that the use of the site and Services is at their sole risk. The Provider provides access to its Site and Services "as is" and "as available" without any representation or warranty of any kind, express, implied, or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, or non-infringement for all uses/purchases.

7.2 Accuracy and Operation of the Site

To the maximum extent permitted by applicable law, the Provider does not represent or warrant that the information in the Software or on this Site is accurate, complete, or up-to-date or that the Site and Services will operate without interruption, without errors or defects, bugs, viruses, or other harmful components.

7.3 Responsibility for Unauthorized Access

To the maximum extent permitted by applicable law, the Provider disclaims any responsibility for theft, loss, unauthorized access, damage, or interception of data or communications sent to, from, or stored on this Site and the Services.

7.4 Force Majeure

The Provider will not be liable for delays, errors, interruptions, or failure to perform any obligation under these Terms, where the delay or failure is directly or indirectly due to causes beyond the Provider's control, including but not limited to:

7.4.1 Natural events, judicial or governmental decisions;

7.4.2 Failures or interruptions in public or private telecommunication networks, communication channels, or information systems;

7.4.3 Failures or interruptions of the user's hardware or software components;

7.4.4 Incorrect information provided by third parties (including Partners and Network members);

7.4.5 Acts or omissions of third parties for which the Provider is not responsible;

7.4.6 Delay, failure, or interruption of, or unavailability of, third-party services;

7.4.7 Strikes, lockouts, labor disputes, wars, terrorist acts, and riots.

7.4.8 Natural disasters such as earthquakes, floods, fires, hurricanes, and other natural calamities;

7.4.9 Pandemics, epidemics, and other public health emergencies;

7.4.10 Cyberattacks, hacking, DDoS (Distributed Denial of Service) attacks, or other malicious activities against the Provider's infrastructure;

7.4.11 Interruptions or failures in the supply of electricity, water, or other utilities.

7.5 Third-Party Technologies

Any third-party technology provided, made available, linked, or otherwise accessible through or in association with our Portal and Services ("Third-Party Technology") is provided solely as a convenience to the user and is not under our control. We do not endorse, recommend, or make any representations or warranties regarding any Third-Party Technology. The user agrees to comply with all applicable terms and conditions for the use of Third-Party Technology and to ensure they have obtained all necessary rights, licenses, and authorizations to use it.

7.6 Third-Party Information

Any third-party information provided, made available, linked, or otherwise accessible through or in association with our Portal and Services ("Third-Party Information") is provided solely as a convenience to the user and is not under our control. We do not endorse, recommend, or make any representations or warranties regarding any Third-Party Information.

7.7 Limitation of Liability

In no event shall the Provider, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with the use, or inability to use, the Site, the Services, the Software, or any material linked thereto. The Provider cannot be held responsible if, using the Services or Products, the Customer does not comply with the instructions received.

7.8 Errors and Omissions

We will not be liable for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft or destruction, or unauthorized access to, or alteration of, the Website or Services. Furthermore, we will not be responsible for any problems or malfunctions of telephone lines, online systems, servers or providers, hardware, software, or for failures due to technical problems or traffic congestion on the Internet. Finally, the Provider cannot be held responsible for the User's trading activities.

7.9 Customer's Autonomous Choices

The Provider cannot be held responsible for choices made autonomously by the customer either directly or where the customer is only allowed to "place" the order without having to first connect to the exchange site where it is to be executed. The Provider does not operate in any case as the user's investment manager (or their portfolio).

7.10 Discount Codes and Incentives

The Provider cannot be held responsible for any discount codes, codes, or alphanumeric strings (in the broadest possible exception) - including those related to the Network - that are transmitted or entered incorrectly by the user or third parties. In case of an incorrect code, the beneficiary loses any connected bonus or incentive.

7.11 Limitations of Liability in Other Jurisdictions

In some jurisdictions, limitations of liability are not permitted. In countries where exclusions or limitations of liability are permitted, the Provider, its affiliates, suppliers, or distributors will not be liable for:

7.11.1 Any indirect, special, incidental, punitive, exemplary, or consequential damages;

7.11.2 Any loss of use, data, business, or profits, regardless of legal theory.

8.1 Payment Terms

All payments, unless expressly specified otherwise, must be made within the agreed term. Users are required to meet the established payment deadlines to avoid interruptions in the services provided.

8.2 Price Changes

All prices are subject to change without notice. The Provider reserves the right to update the prices of its services and products at any time. The user will be responsible for paying the updated prices for services and products purchased after the changes.

8.3 Taxes and Duties

The User is responsible for any taxes and duties in relation to any transaction. The Customer must ensure that all payments made include any bank or collection fees in the amount, so as to send the exact sum. If the Customer resides in the European Union, it is their sole responsibility to calculate and pay VAT on the products and services purchased from the Provider. The Provider is not responsible for managing or paying VAT for Customers residing in the European Union.

8.4 Payment Methods

For the convenience of Users, the Provider offers several payment methods. The variety of accepted payment methods may not be available or may be limited, as reflected in the purchase tool. The Provider reserves the right, at its sole discretion, to accept only some of the offered services.

8.5 Payment Card Information

Before you can submit your order, you may be required to provide a valid payment card number and related information for a payment card that you are authorized to use, including some or all of the following data:

8.5.1 Your name as it appears on the card;

8.5.2 The type of credit or debit card;

8.5.3 The expiration date of the card;

8.5.4 Any activation numbers or codes required to charge the card;

8.5.5 The billing address or postal code associated with the card.

8.6 Payment Authorization

You authorize us or our third-party payment processor to store your payment card information and, if necessary, to continue charging the card. You agree to provide updated, complete, and accurate purchase and account information.

8.7 Refund Policy

Generally, all purchases are final and non-refundable, and there are no refunds or credits for partially used periods, unless applicable laws in your jurisdiction provide for refunds. The right of withdrawal is expressly excluded, according to current legislation, for services that, before the expiry of the withdrawal period, have already been performed with the consumer's consent and cannot be revoked. Issuing a license for the Software is an irrevocable and perpetual activity that does not allow for cancellation. Withdrawal is also excluded for Products and Services whose price is linked to fluctuations in market rates beyond the Provider's control and for customized Products and Services.

8.8 Billing Currency

All services are billed in CAD or USD or EUR. The Provider may refuse to bill in other currencies and, in any case, the request must be made in advance and must be subject to express approval.

8.9 Retention of Title

Until full payment of the purchase price, the Provider retains ownership of the purchased Products and Services. In case of non-payment, the Provider reserves the right to suspend access to services and terminate the contract with the user.

8.10 Suspension of Services

In case of non-payment within the agreed terms, or if the selected payment fails for any reason, the Provider reserves the right to suspend access to the account and terminate the existing business relationship.

9.1 Definition of User Generated Content

"User Generated Content" and/or "User Content" refers to content added by users, distinct from content created by the Provider. This includes, but is not limited to, content provided by members of the Network, Partners, press, and other subjects external to SW staff.

9.2 Submission and Publication Opportunities

Blogging and Telegram group services offer Users the opportunity to submit or publish feedback regarding the Site, Products, or Services, as well as reviews, comments, photos, videos, audio, and other content through or to the Site. The Provider does not control the content uploaded or created by users to verify its appropriateness or any violations of copyright, trademarks, or other rights. We do not act as publishers of User Generated Content and are not responsible for its accuracy or legality.

9.3 User Responsibility

The User assumes legal responsibility for any User Generated Content and will indemnify us from all liabilities, losses, or damages arising from such content. The Provider does not control and assumes no responsibility for the appropriateness of any User Generated Content, regardless of how and where it is provided.

9.4 Opinions on Products and Services

Any opinion regarding the Products and Services, as well as the market situation and financial products, is the sole responsibility of whoever expresses it. The Provider does not endorse or support such opinions and is not responsible for them.

10.1 Provider's Right of Assignment

The Provider reserves the right to assign, transfer, or delegate these Terms, as well as any rights or obligations arising from these Terms, without the explicit consent of the User. This may include, but is not limited to, assignment to affiliated companies, subsidiaries, or third parties involved in the provision of the Services.

10.2 Assignment of Personal Data

In accordance with applicable data protection regulations, including EU Regulation 2016/679 (GDPR) and the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), any assignment of personal data necessary for the provision of the Services will be carried out ensuring adequate security and protection measures. The assignment of such data will only occur if necessary to fulfill contractual obligations or to optimize the efficiency of the services offered.

10.3 Continuity of Services

The assignment will not negatively affect the provision of Services to Users. The Provider will ensure that any entity to which rights or obligations are assigned possesses the necessary skills and resources to maintain the agreed service standards.

10.4 User Notification

Although the User's consent is not required for assignment, the Provider undertakes to promptly notify the User of any significant changes regarding the assignment of rights or obligations that could affect the use of the Services.

10.5 User Limitations

The User may not assign, transfer, or delegate any of their rights or obligations under these Terms without the prior written consent of the Provider. Any attempt at assignment, transfer, or delegation in violation of this clause will be considered null and void.

11.1 User Responsibility

The User is solely responsible for the conscious choice to use and purchase any Service offered by the Provider. If the User has doubts about the legality of any activity, it is advisable to seek independent advice. The User must consider whether they understand how our software works and whether they can afford to take the high risk of losing their money. We therefore invite the User to verify that they have the necessary skills and experience to understand the risks associated with financial instruments and trading. We suggest seeking independent advice from third parties if necessary. SW does not directly provide such advisory activities.

11.2 Past Performance

Past performance using the Products and Services is not indicative of future performance. The User must be aware that trading is a complex activity and involves a high risk of losing money quickly. The price movements of the underlying markets can be volatile, directly affecting profits and losses. This means that the User could get back an amount less than originally invested. It is essential to remain aware of the risks involved and have adequate financial resources to bear such risks, monitoring your positions carefully. Acceptance of this document constitutes full indemnity for the Provider in this regard.

11.3 Trading Risk

Trading is one of the riskiest forms of investment in the financial market and is only suitable for investors with sufficient experience and knowledge of trading in financial instruments, as well as an excellent ability to bear the risk of total loss of the invested capital. Market rates and prices are subject to fluctuations in the financial market, over which SW has no control. The Services offered by SW are a support to the user, who cannot be held responsible for any activity carried out unknowingly, including those based on opinions and suggestions from Network members or Partners.

11.4 Specific Trading Risks

Below is a non-exhaustive examination of some general risks in trading transactions that can lead to the loss of invested capital. The list may change based on the transactions carried out by the client over which SW has no role.

Currency: If you trade in a market denominated in a currency other than your base currency, exchange rate fluctuations will affect profits and losses.

Volatility: Price movements of underlying markets can be volatile, directly affecting profits and losses. Volatility can be unexpected and unpredictable.

Gapping: Gapping is a sudden shift in the price of an underlying market from one level to another. Various factors can lead to gapping, including economic events or market announcements. Gapping can occur both when the underlying market is open and when it is closed.

Market Liquidity: Market conditions can change rapidly, making it difficult or impossible to liquidate a position. In times of rapid price movements, trading may be suspended or limited.

11.5 Limitations of Liability

In no event shall the Provider, its affiliates, service providers, employees, agents, officers, or directors be liable for damages of any kind, including, but not limited to, personal injury, biological damage, emotional distress, loss of income, or loss of capital, arising out of or in connection with the User's use of the Site or Services.

11.6 User Actions and Omissions

We are not responsible for any action or omission of the User. We cannot be held liable for any damages or losses resulting from improper use of the Services, except in cases of willful misconduct or gross negligence.

11.7 Third-Party Information and Advice

We are not responsible for any action, omission, information, solicitation, advice, and the like, provided by third parties outside the Provider, including Network members and Partners. SW has no possibility to intervene in such processes nor substitute the User's choices. The User is fully aware of this circumstance.

12.1 Limited Access

Some areas of this website have limited access, and the Provider may further restrict access at any time in its sole and absolute discretion.

12.2 Informational Nature of the Site

Some information contained on the Site is purely informational and, unless otherwise stated, does not constitute a contractual proposal or an offer to the public.

12.3 Validity of Provisions

If any provision of these Terms is deemed unenforceable or invalid under any applicable law, such unenforceability or invalidity will not render these Terms unenforceable or invalid as a whole. Such provisions will be eliminated without affecting the remaining provisions contained herein, which will remain valid and enforceable according to their terms.

12.4 Exclusion of Liability for Technical Errors

The Provider will not be liable for any potential damages the user might suffer due to transmission errors, technical failures, malfunctions, illegal interventions in network equipment, network overloads, viruses, system errors, execution delays, malicious access blocks by third parties, internet malfunctions, interruptions, or other deficiencies from internet service providers. The user acknowledges that access to electronic systems/trading platforms may be limited or unavailable due to such system errors and that the Provider reserves the right to suspend access to electronic systems/trading platforms for this reason, upon notification.

12.5 Changes to Terms of Service

The Provider may make changes to its Terms of Service from time to time. When these changes are made, the Provider will make a new copy of the Terms available on this page. By using this Site, the user is required to review such Terms regularly to ensure they understand all Terms and Conditions. By continuing to use the Services, the user agrees to the modified Terms. In the event you do not agree to a modification, you may cancel your Services with the Provider without the right to any refund.

12.6 Partial Nullity

If any part of these Terms is deemed null and unenforceable, this will not affect the validity of the remaining part, which will remain valid and enforceable according to its terms.

12.7 Non-Waiver of Rights

The failure or delay by the Provider to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

12.8 Force Majeure

The Provider will not be liable for any delay or failure to perform its contractual obligations caused by force majeure events, including but not limited to natural disasters, pandemics, acts of war, terrorism, interruptions in telecommunication and internet services, or other events beyond the reasonable control of the Provider.

12.9 Applicable Law and Jurisdiction

These Terms are governed and interpreted in accordance with the laws of the jurisdiction where the Provider is registered, without regard to conflicts of law. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in the Provider's registered office.

13.1 Customer Rights

The Customer may terminate any relationship with StormWave Technologies (SW), without prejudice to the contractual obligations undertaken.

13.2 Effects of Termination

The termination of any relationship under these Terms and Conditions will not affect, in any case, the rights and obligations that have arisen or any existing commitments or any contractual provision that must remain in force after termination.

In case of termination, the Customer will be required to pay:

13.2.1 Any outstanding costs or fees of the Provider and any other amount due to the Provider;

13.2.2 Any additional charges and expenses incurred or to be incurred by the Provider due to the termination of the relationship;

13.2.3 Any damages that emerged during the agreement or the resolution of pending obligations.

14.1 Management of Personal Data

The Company, solely for the purpose of managing the relationship under these Terms and Conditions, will acquire personal data concerning the User and their representatives, exponents, employees, customers, collaborators, etc., the knowledge of which, although not mandatory, is necessary to establish and execute any relationship.

15.1 Right to Monitor

The Provider reserves the right to monitor, review, store, or disclose any information necessary to comply with applicable legal provisions.

17.1 Management of Conflicts of Interest

The user acknowledges that we provide a diverse range of services to a wide array of clients and counterparties, and circumstances may arise where we or our Associated Companies may have a material interest in a transaction with the user or where a conflict of interest might arise between their interests and those of other clients or counterparties or ours or our Associated Companies. The law requires us to do what is necessary to identify conflicts of interest between us, our Affiliate Companies, and Affiliate Entities and our clients.

17.2 Independence Policy

We apply a strong independence policy that requires our staff to act in the best possible way to protect clients' interests, disregarding any conflicts of interest in providing our Services. We are committed to establishing, maintaining, and operating effective organizational and administrative arrangements to take all appropriate measures to prevent conflicts of interest from constituting or giving rise to a risk of harm to our clients' interests.

18.1 Governance and Interpretation

These Terms shall be interpreted and governed in accordance with the laws of the Provider's jurisdiction, without regard to choice of law rules. The terms of this site, solicitations, advertisements, and purchases will be governed by Canadian laws.